METROPOLITAN LIFE INSURANCE COMPANY v. STEWART et al
| METROPOLITAN LIFE INSURANCE COMPANY |
| VONDETTA TUNSTALL, BARBARA STEWART and VERA DENISE ROUNDTREE |
| 1:2010cv01641 |
| December 16, 2010 |
| US District Court for the Southern District of Indiana |
| Indianapolis Office |
| Tim A Baker |
| Tanya Walton Pratt |
| Insurance |
| 28 U.S.C. § 1001 |
| None |
Docket Report
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| Filing 58 JUDGMENT - Having this day approved and adopted the Magistrate Judge's Report and Recommendation granting summary judgment in favor of Defendant Stewart, the Court hereby enters JUDGMENT in favor of Defendant Stewart. Defendants Stewart and Roundtree shall share in the benefits equally. Signed by Judge Tanya Walton Pratt on 3/4/2013. Copy Mailed.(JD) |
Filing 57
ORDER - The Clerk is authorized and directed to withdraw the $20,184.96 principal plus all interest accrued from the interest-bearing account. The Clerk is further ordered to deduct a registry fee as a percentage of the income earned on the investment, not to exceed 10%, and distribute the remaining funds equally. Signed by Judge Tanya Walton Pratt on 3/4/2013. Copy Mailed. cc: Finance(JD)
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Filing 56
ORDER ADOPTING #55 REPORT AND RECOMMENDATIONS for #35 Motion for Summary Judgment - Defendant Stewart's motion for summary judgment [Docket No. #35 ] is granted and Defendants Stewart and Roundtree shall share in the benefits equally. The Clerk will be directed to distribute the funds by separate order. Signed by Judge Tanya Walton Pratt on 3/4/2013. Copy Mailed.(JD)
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| Filing 55 REPORT AND RECOMMENDATION re #35 MOTION for Summary Judgment filed by BARBARA STEWART c/m. Signed by Magistrate Judge Tim A. Baker on 2/12/2013.(SWM) Modified on 2/12/2013 (SWM). |
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Filing 54
ORDER REFERRING MOTION - United States Magistrate Tim A. Baker is hereby designated to issue a report and recommendation on the Motion for Summary Judgment filed by Defendant Barbara Stewart at Docket No. #35 . Signed by Judge Tanya Walton Pratt on 1/3/2013. Copy Mailed.(JD)
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| Filing 53 REPLY in Support of Motion re #35 MOTION for Summary Judgment , #39 MOTION to Seal Document #37 Designation of Evidence , filed by Defendant BARBARA STEWART. (Feagley, Robert) |
| Filing 52 RESPONSE (Answer) in Opposition re #35 MOTION for Summary Judgment , filed by Defendant VONDETTA TUNSTALL. (Attachments: #1 Welfare Plan Beneficiary Confirmation Notice)(CBU) |
| Filing 51 NOTICE to VONDETTA TUNSTALL regarding right to respond to Summary Judgment, filed by Defendant BARBARA STEWART, #35 MOTION for Summary Judgment. (Feagley, Robert) Modified docket text on 11/7/2012 (JD). |
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Filing 50
ORDER - Defendant, Barbara Stewart, shall comply with the notice provision of Local Rule 56-1(k) no later than November 16, 2012. Pro se Defendant, Vondetta Tunstall, shall have until December 17, 2012 to file her response to Defendant Stewart's Motion for Summary Judgment (Dkt. #35 ). Signed by Judge Tanya Walton Pratt on 11/5/2012. Copy Mailed.(JD)
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| Filing 49 NOTICE of pending motion for summary judgment and failure of Vondetta Tunstall to respond to same, filed by Defendant BARBARA STEWART, re #35 MOTION for Summary Judgment. (Feagley, Robert) Modified docket text on 11/2/2012 (JD). |
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Filing 48
JUDGMENT - The Court, having issued its Order for Issuance of Attorney Fees from Interpleader Funds, finds that there is no just reason for delay and, pursuant to Fed. R. Civ. P. 54(b), enters judgment in favor of Metropolitan Life Insurance Company and against Defendants in the amount of $4,500.00. That sum shall be paid to Metropolitan Life Insurance Company from the Plan Benefits previously submitted by MetLife and deposited by the Clerk into an interest bearing account. Signed by Judge Tanya Walton Pratt on 9/26/2012.(JD)
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Filing 47
ORDER granting #34 Motion for Issuance of Attorney Fees from Interpleader Funds. Signed by Judge Tanya Walton Pratt on 9/26/2012. Copy Mailed. (JD)
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| Filing 46 REDACTED EXHIBIT G to #37 Designation of Evidence (Tunstall Letter) by BARBARA STEWART. (SWM) |
| Filing 45 REDACTED EXHIBIT F to #37 Designation of Evidence (Roundtree Letter) by BARBARA STEWART. (SWM) |
| Filing 44 REDACTED EXHIBIT E to #37 Designation of Evidence (Mitchell Certificate of Death) by BARBARA STEWART. (SWM) |
| Filing 43 REDACTED EXHIBIT D to #37 Designation of Evidence (Certificate of Death) by BARBARA STEWART. (SWM) |
| Filing 42 REDACTED EXHIBIT C to #37 Designation of Evidence (Beneficiary Designation Forms) by BARBARA STEWART. (SWM) |
| Filing 41 REDACTED EXHIBIT B to #37 Designation of Evidence (Documents from MedLife/AON Benefits Express) by BARBARA STEWART. (SWM) |
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Filing 40
ORDER granting Deft Barbara Stewart's #39 Motion to Seal. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that Exhibits B through G filed on September 11, 2012 be sealed, and that the redacted versions of said exhibits be deemed filed and part of the record c/m. Signed by Magistrate Judge Tim A. Baker on 9/21/2012. (SWM)
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| Filing 39 MOTION to Seal Document #37 Designation of Evidence , filed by Defendant BARBARA STEWART. (Attachments: #1 Text of Proposed Order, #2 Exhibit Exhibit B-Documents from MetLife/AON/Benefits Express, #3 Exhibit Exhibit C-Beneficiary Designation Forms, #4 Exhibit Exhibit D-Certificate of Death, #5 Exhibit Exhibit E-E. Mitchell Certificate of Death, #6 Exhibit Exhibit F-V. Roundtree Letter, #7 Exhibit Exhibit G-V. Tunstall letter)(Feagley, Robert) |
| Filing 38 NOTICE of Change of Address, filed by Defendant VERA DENISE ROUNDTREE (JD) |
| Filing 37 Designation of Evidence re #35 MOTION for Summary Judgment , #36 Brief/Memorandum in Support of Motion , filed by Defendant BARBARA STEWART. *** EXHIBITS B, C, D, E, F, AND G SEALED PER ORDER DATED 9/21/2012 *** (Attachments: # (1) Exhibit Exhibit A-Summary Plan Description of Life Insurance Program, # (2) Exhibit Exhibit B-Documents from MetLife/AON/Benefits Express, # (3) Exhibit Exhibit C-Beneficiary Designation Forms, # (4) Exhibit Exhibit D-Certificate of Death, # (5) Exhibit Exhibit E-E. Mitchell Certificate of Death, # (6) Exhibit Exhibit F-V. Roundtree Letter, # (7) Exhibit Exhibit G-V. Tunstall letter, # (8) Exhibit Exhibit H-Court Order)(Feagley, Robert) Modified on 9/21/2012 (SWM). |
| Filing 36 BRIEF/MEMORANDUM in Support re #35 MOTION for Summary Judgment , filed by Defendant BARBARA STEWART. (Feagley, Robert) |
| Filing 35 MOTION for Summary Judgment , filed by Defendant BARBARA STEWART. (Attachments: #1 Text of Proposed Order)(Feagley, Robert) |
| Filing 34 MOTION for Attorney Fees from Interpleader Funds, filed by Plaintiff METROPOLITAN LIFE INSURANCE COMPANY. (Attachments: #1 Text of Proposed Order)(Schmidtke, Mark) |
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Filing 33
ORDER ADOPTING #32 REPORT AND RECOMMENDATIONS for #29 Motion for Interpleader Relief - The District Judge, having considered the Magistrate Judge's Report and Recommendation and any objections, approves and adopts the Magistrate Judge's Report and Recommendation. Accordingly, MetLife's motion [Docket No. #29 ] is GRANTED. MetLife, the Plan and Chrysler are discharged from any further liability for the Plan Benefits, plus any interest, payable as a consequence of the death of the Decedent, Billy Mitchell. MetLife is dismissed with prejudice from this action, and awarded attorney fees of $4,500. Signed by Judge Tanya Walton Pratt on 8/7/2012. Copy Mailed.(JD)
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| Filing 32 REPORT AND RECOMMENDATIONS re #29 MOTION for Interpleader Relief and Memorandum in Support filed by METROPOLITAN LIFE INSURANCE COMPANY c/m. Signed by Magistrate Judge Tim A. Baker on 7/17/2012.(SWM) |
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Filing 31
ORDER REFERRING MOTION: to issue a report and recommendation on #29 MOTION for Interpleader Relief and Memorandum in Support filed by METROPOLITAN LIFE INSURANCE COMPANY. Signed by Judge Tanya Walton Pratt on 5/15/2012. Motions referred to Tim A. Baker.(MAC) Copy mailed. Modified on 5/16/2012 (MAC).
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| Filing 30 BRIEF/MEMORANDUM in Support re #29 MOTION for Interpleader Relief and Memorandum in Support , filed by Plaintiff METROPOLITAN LIFE INSURANCE COMPANY. (Attachments: #1 Exhibit A - Order Granting Motion for Interpleader Relief)(Schmidtke, Mark) |
| Filing 29 MOTION for Interpleader Relief and Memorandum in Support, filed by Plaintiff METROPOLITAN LIFE INSURANCE COMPANY. (Attachments: #1 Exhibit A - Declaration in Support of Attorneys Fees, #2 Exhibit B - Order Granting Motion for Interpleader Relief)(Schmidtke, Mark) |
| Filing 28 NOTICE of Change of Address by Mark E. Schmidtke (Schmidtke, Mark) |
| Filing 27 RECEIPT #IP027522 in the amount of $ 24,684.96 re #26 ORDER granting Pltf's Motion to Deposit Funds with Court. (JD) |
| Filing 25 NOTICE of Appearance by Cari L. Sheehan on behalf of Defendant BARBARA STEWART. (Sheehan, Cari) |
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Filing 26
ORDER granting Pltf's #22 Motion to Deposit Funds with Court. Signed by Magistrate Judge Tim A. Baker on 10/11/2011. (SWM)
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Filing 24
ORDER - The Court, on its own motion, VACATES the Order referring Plaintiff's Motion to Deposit Funds with Court (Dkt. #23 ). Signed by Judge Tanya Walton Pratt on 10/11/2011.(JD)
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Filing 23
**VACATED PER DKT NO. #24 ** ORDER REFERRING MOTION: United States Magistrate Tim A. Baker is hereby designated to issue a report and recommendation on the Motion to Deposit Funds with Court filed by Plaintiff at Docket No. #22 . Signed by Judge Tanya Walton Pratt on 9/13/2011.(JD) Modified on 10/11/2011 (JD).
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| Filing 22 MOTION to Deposit Funds With Court, filed by Plaintiff METROPOLITAN LIFE INSURANCE COMPANY. (Attachments: #1 Text of Proposed Order)(Schmidtke, Mark) |
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Filing 21
Minute Order for proceedings held before Magistrate Judge Tim A. Baker: Telephonic Status Conference held on 7/28/2011. The show cause order [Docket No. 16] is discharged. The parties shall continue their settlement discussions, but if settlement cannot be reached, Plaintiff shall file a motion to interplead the funds by August 29, 2011. The Magistrate Judge recommends that if such a motion is filed, this matter be set for a prompt hearing on the merits given that the relative amount of funds at issue suggest that this matter should be concluded promptly to minimize the anticipated attorney's fees. The proposed Case Management Plan [Docket No. 15] is denied. Signed by Magistrate Judge Tim A. Baker.(SWM)
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| Filing 20 NOTICE of Appearance by Nathaniel Lee on behalf of Defendant BARBARA STEWART. (Lee, Nathaniel) |
| Filing 19 RETURN TO ORDER TO SHOW CAUSE, re #16 ORDER on Case Management Plan, filed by BARBARA STEWART. (Attachments: #1 Exhibit 7/6/11 Correspondence)(Feagley, Robert) Modified on 7/13/2011 (JD). |
| Filing 18 ANSWER to #1 Complaint, filed by BARBARA STEWART.(Feagley, Robert) |
| Filing 17 NOTICE of Appearance by Robert Eugene Feagley, II on behalf of Defendant BARBARA STEWART. (Feagley, Robert) |
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Filing 16
CASE MANAGEMENT PLAN ORDER: Deft Vondetta Tunstall appeared in person 6/28/2011, for an Initial Pretrial Conference. Barbara Stewart failed to appear for this conference. All other parties appeared by counsel for this conference. Case Management Plan approval is stayed, though the parties may proceed with discovery. Defendant Stewart must show cause by July 12, 2011, why any interests she could have in this case should not be forfeited based upon her failure to appear and failure to file an answer/response despite service being effected on December 23, 2010. Any show cause response must include an answer/response to the complaint. Defendant Roundtree is granted leave until July 5, 2011, to file an amended answer/response. Status Conference set for 7/28/2011 10:00 AM in Telephonic before Magistrate Judge Tim A. Baker. The purpose of this conference is to address settlement, case status, and any show cause response filed by Stewart. The parties shall also be prepared to discuss whether it is more appropriate to expedite this matter and set it for a prompt hearing rather than proceed by way of a Case Management Plan. Signed by Magistrate Judge Tim A. Baker.(SWM)
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| Filing 15 CASE MANAGEMENT PLAN TENDERED, filed by Plaintiff METROPOLITAN LIFE INSURANCE COMPANY, Defendant VERA DENISE ROUNDTREE. (Schmidtke, Mark) |
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Filing 14
SCHEDULING ORDER: Initial Pretrial Conference set for 6/28/2011 02:30 PM in room #524, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Magistrate Judge Tim A. Baker. If a proposed Case Management Plan ("CMP" ) has not yet been filed, the parties are ordered to confer prior to the initial pretrial conference and prepare a proposed CMP. The parties shall file the proposed CMP no less than seven days prior to the pretrial conference (see Order for additional information). Signed by Magistrate Judge Tim A. Baker on 5/23/2011.(SWM)
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| Filing 13 NOTICE of Appearance by Konstantine G. Orfanos on behalf of Defendant VERA DENISE ROUNDTREE. (Orfanos, Konstantine) |
| Filing 12 ANSWER to #1 Complaint for Interpleader, filed by VERA DENISE ROUNDTREE.(Orfanos, Konstantine) |
| Filing 11 ANSWER to #1 Complaint, filed by VONDETTA TUNSTALL.(JD) |
| Filing 10 RETURN of Service, filed by METROPOLITAN LIFE INSURANCE COMPANY. VONDETTA TUNSTALL served on 12/23/2010. (Schmidtke, Mark) |
| Filing 9 RETURN of Service, filed by METROPOLITAN LIFE INSURANCE COMPANY. VERA DENISE ROUNDTREE served on 12/23/2010. (Schmidtke, Mark) |
| Filing 8 RETURN of Service, filed by METROPOLITAN LIFE INSURANCE COMPANY. BARBARA STEWART served on 12/23/2010. (Schmidtke, Mark) |
| Filing 7 Corporate Disclosure Statement by METROPOLITAN LIFE INSURANCE COMPANY identifying Corporate Parent METLIFE, INC. for METROPOLITAN LIFE INSURANCE COMPANY. (AAM) |
| Filing 6 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (AAM) |
| Filing 5 NOTICE of Appearance by Mark E. Schmidtke on behalf of Plaintiff METROPOLITAN LIFE INSURANCE COMPANY. (AAM) |
| Filing 4 Summons Issued as to VERA DENISE ROUNDTREE, BARBARA STEWART, VONDETTA TUNSTALL. (AAM) |
| Filing 3 RECEIPT #IP021699 in the amount of $ 350.00 (AAM) |
| Filing 2 CIVIL COVER SHEET, filed by Plaintiff METROPOLITAN LIFE INSURANCE COMPANY. (AAM) |
| Filing 1 COMPLAINT against Defendants VERA DENISE ROUNDTREE, BARBARA STEWART,and VONDETTA TUNSTALL, filed by Plaintiff METROPOLITAN LIFE INSURANCE COMPANY. (Attachments: #1 Exhibit A: Summary Plan description, #2 Exhibit B: Beneficiary Designation, #3 Exhibit C: Designation form dated December 8, 1997, #4 Exhibit D: Death Certificate, #5 Exhibit E: Death Certificate, #6 Exhibit F: Letter dated May 24, 2010, #7 Exhibit G: Statement of Claim, #8 Exhibit H: Letter dated June 28, 2010)(AAM) Modified on 12/17/2010 (AAM). |
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