Metropolitan Life Insurance Company v. Hershman et al
| Metropolitan Life Insurance Company |
| Valerie Hershman and Jennifer Hershman |
| 2:2017cv02107 |
| December 15, 2017 |
| US District Court for the Northern District of Alabama |
| Southern Office |
| Jefferson |
| Madeline Hughes Haikala |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1362 |
| None |
Docket Report
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Filing 37
FINAL ORDER - The Court entered an order of interpleader disbursement. (Doc. #36 ). The Court dismisses this action with prejudice, with the parties to bear their own costs. Signed by Judge Madeline Hughes Haikala on 2/22/2019. (KEK)
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Filing 36
CONSENT JUDGMENT AND ORDER OF INTERPLEADER DISBURSEMENT - The Court has reviewed the parties motion seeking a consent judgment and order of interpleader disbursement. The Court grants the motion and orders as follows: From the Two Hundred Thousand Nine Hundred Sixty-Nine Dollars and Forty-Five cents ($200,969.45) insurance death benefit which has been deposited into the registry of this Court (the Funds), Jennifer Hershman is entitled to and the Clerk shall disburse One Hundred Forty-One Thousand Dollars ($141,000.00), payable to Conchin Cloud & Cole, LLC Trust Account and mailed to: Taylor Rouse, 2404 Commerce Court, Huntsville, AL 35801. A.H., who will turn 19 before receipt of her portion of the Funds, is entitled to and the Clerk shall disburse Fifty-Nine Thousand Nine Hundred Sixty-Nine Dollars and Forty-Five Cents ($59,969.45), payable to Interpleader Law, LLC IOLTA and mailed to: Michael J. Hoover, Interpleader Law, LLC, 9015 Bluebonnet Blvd., Baton Rouge, LA 70810. Upon payment and distribution of the amounts specified above, this matter shall be dismissed with prejudice. Signed by Judge Madeline Hughes Haikala on 2/13/2019. (KEK)
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| Filing 35 Joint MOTION for Interpleader Disbursement (28 U.S.C. Section 1335) and Entry of Consent Judgment by Valerie Hershman. (Attachments: #1 Text of Proposed Order)(Hoover, Michael) |
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Filing 34
TEXT ORDER: The parties have notified the Court that they have settled this action. Accordingly, the Court CANCELS the Status Conference currently set for 2/11/2019. On or before 2/15/2019, the parties shall file a joint stipulation of dismissal or a joint report updating the Court on the status of the settlement. Signed by Judge Madeline Hughes Haikala on 2/8/2019. (YMB)
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| Filing 33 NOTICE by Valerie Hershman re #32 Joint MOTION for Interpleader Disbursement (28 U.S.C. Section 1335) and Entry of Consent Judgment of Withdrawal of Motion (Hoover, Michael) |
| Filing 32 Joint MOTION for Interpleader Disbursement (28 U.S.C. Section 1335) and Entry of Consent Judgment by Valerie Hershman. (Attachments: #1 Text of Proposed Order)(Hoover, Michael) |
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Filing 31
ORDER - There is nothing extraordinary about disputes over insurance proceeds relating to the consequences of a divorce. Those disputes are part of the ordinary course of business for an insurance company. The Court has not found authority that suggests that when conflicting claims to insurance proceeds relate to a divorce settlement, an insurance company operates outside of the ordinary course of its business such that the company may transfer the expense of filing an interpleader action to the claimants. Therefore, the Court denies MetLifes request for an award of attorney fees. On or before February 11, 2019, the parties shall please file a joint motion for consent judgment and an order of interpleader disbursement. Signed by Judge Madeline Hughes Haikala on 1/30/2019. (KEK)
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| Filing 30 REPLY Brief filed by Defendant Jennifer Hershman re: #28 Brief In Opposition to MetLife's Motion for Costs and Attorney's Fees filed by Jennifer Hershman. (Rouse, Franklin) |
| Filing 29 Brief re #28 Brief, 27 Order,, Opposing MetLife's Request for Attorney's Fees and Costs filed by Valerie Hershman. (Hoover, Michael) |
| Filing 28 Brief re #20 Notice (Other), 27 Order,, MetLife's Brief in Support of Attorney Fees filed by Metropolitan Life Insurance Company. (Miller, T) |
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Filing 27
TEXT ORDER: On July 12, 2018, Metropolitan Life Insurance Company filed notice of partial settlement. (Doc. #26 ). In this notice, MetLife informs the Court that MetLife's entitlement to attorney's fees is still at issue. (Doc. #26 ). Therefore, the Court will enter a briefing schedule on this issue. MetLife may file its brief on or before December 11, 2018. Ms. Jennifer Hershman may file her response on or before December 21, 2018. Signed by Judge Madeline Hughes Haikala on 11/21/2018. (EES)
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| Filing 26 NOTICE by Valerie Hershman of Partial Settlement by all Defendants (Hoover, Michael) |
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Filing 25
SCHEDULING ORDER: Status Conference set for Monday, 2/11/2019, at 11:30 AM, CR 7B, Hugo L Black US Courthouse, Birmingham, AL. Out of state counsel may participate in the conference by dialing 877-873-8018 and entering access code 5313999. Discovery due by 2/1/2019. Dispositive motions due by 3/1/2019. See Order for other deadlines and directives. Signed by Judge Madeline Hughes Haikala on 5/17/2018. (YMB)
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| Filing 24 REPORT of Rule 26(f) Planning Meeting. (Hoover, Michael) |
| Filing 23 NOTICE of Appearance by Craig Neil Rosler on behalf of Jennifer Hershman (Rosler, Craig) |
| Filing 22 Opposition to Defendant Metropolitan Life Insurance Company's Requests for Attorney's Fees and Costs filed by Jennifer Hershman. (Rouse, Franklin) |
| Filing 21 Jennifer Hershman ANSWER to #15 Amended Complaint , First CROSSCLAIM against Valerie Hershman by Jennifer Hershman.(Rouse, Franklin) |
| Filing 20 NOTICE by Metropolitan Life Insurance Company re 18 Order,,, Notice of Interpleader of Funds and Statement on Attorney Fees (Miller, T) |
| Filing 19 ANSWER to #15 Amended Complaint , CROSSCLAIM against Jennifer Hershman by Valerie Hershman.(Hoover, Michael) |
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Filing 18
TEXT ORDER: Defendants Valerie Hershman and Jennifer Hershman do not oppose MetLife's motion to deposit the disputed funds with the Court. (Doc 15). Therefore, on or before May 9, 2018, MetLife shall deposit the disputed funds with the Registry of the Court. Within two business days of depositing the funds, MetLife shall file a notice indicating that the funds have been deposited. The Court DIRECTS the defendants to answer the amended complaint on or before May 9, 2018. The Court also DIRECTS the parties to confer on the issue of MetLife's request for attorney's fees. (Doc. 15, p. 10). If the parties are unable to reach an agreement on this issue, then on or before May 9, 2018, the parties shall file a notice stating that they have not resolved the issue, and the Court will enter a briefing schedule. On or before May 25, 2018, the parties shall submit a proposed scheduling order to the Court. Signed by Judge Madeline Hughes Haikala on 4/26/2018. (KEK)
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| Minute Entry for proceedings held before Judge Madeline Hughes Haikala: Telephone Conference held on 4/25/2018. (Court Reporter Julie Martin.) (YMB) |
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Filing 17
TEXT ORDER: Plaintiff MetLife, the administrator of the insurance plan and the annuity at issue, has asked to deposit the funds claimed by defendants Jennifer Hershman and Valerie Hershman. MetLife also asks to be dismissed as a party to this case. (Doc. 15). The Court SETS this matter for a telephone conference at 11:30 a.m. on April 25, 2018. Counsel shall dial 877-873-8018 and enter access code 5313999 to participate in the call. Signed by Judge Madeline Hughes Haikala on 4/9/2018. (KEK)
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| Filing 16 NOTICE of Appearance by Franklin Taylor Rouse on behalf of Jennifer Hershman (Rouse, Franklin) |
| Filing 15 AMENDED COMPLAINT in Interpleader against Jennifer Hershman, Valerie Hershman, filed by Metropolitan Life Insurance Company. (Attachments: #1 Exhibit 1 - Annuity Contract, #2 Exhibit 2 - Annuity Designations)(Miller, T) |
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Filing 14
TEXT ORDER: Interpleader plaintiff MetLife has filed a motion to amend its complaint to include additional funds. (Doc. 12). The interpleader defendants have consented to this amendment. (Doc. 12, p. 1). Therefore, pursuant to Federal Rule of Civil Procedure 15(a)(2), the Court GRANTS the motion to amend. Signed by Judge Madeline Hughes Haikala on 3/13/2018. (KEK)
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Filing 13
TEXT ORDER: Attorney Michael J. Hoover asks the Court for leave to appear pro hac vice in this action. (Doc. 11). Attorney Stephen D. Wadsworth has agreed to appear as local counsel. (Doc. 11). Therefore, the Court GRANTS the motion. Signed by Judge Madeline Hughes Haikala on 3/13/2018. (KEK)
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| Filing 12 Consent MOTION to Amend/Correct #1 Complaint, to Include Additional Funds (Annuity Proceeds) by Metropolitan Life Insurance Company. (Attachments: #1 Exhibit A - Draft Amended Complaint, #2 Exhibit 1 - Annuity Contract, #3 Exhibit 2 - Annuity Designations)(Miller, T) |
| PHV Fee paid for Michael Hoover: $50, receipt number B4601087100. (KEK) |
| Filing 11 MOTION for Leave to Appear Pro Hac Vice OF MICHAEL J. HOOVER by Valerie Hershman. (Attachments: #1 Exhibit Hoover Declaration)(Wadsworth, Stephen) |
| Filing 10 NOTICE of Appearance by Stephen D Wadsworth on behalf of Valerie Hershman (Wadsworth, Stephen) |
| Filing 9 ANSWER to #1 Complaint, by Jennifer Hershman.(Doty, Sara) |
| Filing 8 SUMMONS Returned Executed by Metropolitan Life Insurance Company. Jennifer Hershman served on 12/30/2017, answer due 1/20/2018. (Miller, T) |
| Filing 7 WAIVER OF SERVICE Returned Executed by Metropolitan Life Insurance Company. Valerie Hershman waiver sent on 12/15/2017, answer due 2/13/2018. (Attachments: #1 Exhibit 1 - Waiver of the Service of Summons to V.Hershman as next friend of A.H., a Minor, #2 Exhibit 2 - Waiver of the Service of Summons on A.H., a Minor)(Miller, T) |
| Filing 6 ALIAS Summons Issued as to Jennifer Hershman. Returned to Plaintiff for service. (KEK) |
| Filing 5 ALIAS Summons Issued as to Jennifer Hershman. Returned to Plaintiff for service. (KEK) |
| Filing 4 Summons Returned Unexecuted by Metropolitan Life Insurance Company as to Jennifer Hershman. (Miller, T) |
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Filing 3
INITIAL ORDER. Signed by Judge Madeline Hughes Haikala on 12/18/2017. (KEK)
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| Filing 2 Summons Issued as to Jennifer Hershman. Returned to Plaintiff for service. (KEK) |
| Filing 1 COMPLAINT IN INTERPLEADER against Jennifer Hershman, Valerie Hershman, filed by Metropolitan Life Insurance Company. (Attachments: #1 Exhibit A1, #2 Exhibit A2, #3 Exhibit A3, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H)(KEK) |
| Filing Fee: Filing fee $ 400, receipt_number 1126-2990426. related document #1 COMPLAINT IN INTERPLEADER against Jennifer Hershman, Valerie Hershman, filed by Metropolitan Life Insurance Company. (Attachments: # 1 Exhibit A1, # 2 Exhibit A2, # 3 Exhibit A3, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H)(KEK). (Miller, T) NDAL rec# B4601085395 Modified on 8/3/2018 (KAM, ). |
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