April 19, 2016 |
Filing
35
MEMORANDUM AND ORDER OF DISMISSAL -...IT IS HEREBY ORDERED that plaintiff The Prudential Insurance Company of America's Motion for Interpleader Relief is GRANTED. [Doc. 28] IT IS FURTHER ORDERED that The Prudential Insurance Comp any of America is a mere stakeholder of the Death Benefit and The Prudential Insurance Company of America is hereby discharged from all liability related to the Death Benefit. IT IS FURTHER ORDERED that defendants Karen Define Mudd, Alex Mudd, Austin Mudd, Stacy Mudd and plaintiff The Prudential Insurance Company of America's Joint Consent Motion for Adoption of the Parties' Allocation of Policy Proceeds is GRANTED. [Doc. 34] IT IS FURTHER ORDERED that the balance of th e interpleaded funds shall be awarded, in equal parts and with any accrued interest, after deduction of the applicable administrative fee, to defendants Karen Define Mudd, Alex Mudd, and Austin Mudd. IT IS FURTHER ORDERED that defendants Kare n Define Mudd, Alex Mudd, and Austin Mudd shall file with the Court, pursuant to Local Rule 13.04(D)(2), a proposed order for disbursement of the Death Benefit...IT IS FURTHER ORDERED that plaintiff The Prudential Insurance Company of Americ a is fully released and discharged from any and all liability to Karen Define Mudd, Stacy Mudd, Alex Mudd, and Austin Mudd with regard to the Group Policy and/or the Death Benefit payable thereunder, and Karen Define Mudd, Stacy Mudd, Alex Mudd, a nd Austin Mudd are hereby permanently enjoined from bringing any action or proceeding in any forum, or making any further actual or implied claims, demands and causes of action, asserted or unasserted, liquidated or unliquidated, or bringing any acti on or proceeding in any forum, arising out of or in connection with The Prudential Insurance Company of America relating to the Group Policy and/or the Death Benefit. IT IS FURTHER ORDERED that all claims, rights, interests and actions that Karen Define Mudd, Stacy Mudd, Alex Mudd, and Austin Mudd might otherwise have held against The Prudential Insurance Company of America and its present and former parents, subsidiaries and affiliated corporations, predecessors, successors and as signs and their respective officers, directors, agents, employees, representatives, attorneys, fiduciaries and administrators, with respect to the Group Policy and/or the Death Benefit, are hereby released. IT IS FINALLY ORDERED that this action is DISMISSED with prejudice., Terminate Case. Signed by District Judge Charles A. Shaw on 4/19/2016. (MRC)
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December 28, 2015 |
Filing
26
ORDER -...IT IS HEREBY ORDERED that plaintiff Prudential Insurance Company of Americas Motion for Leave to Deposit and for Interpleader Relief is GRANTED in part and DENIED in part without prejudice; the motion is GRANTED as to the motion to d eposit funds, and DENIED without prejudice as premature as to the other requested relief. [Doc. 15] IT IS FURTHER ORDERED that pursuant to Rule 67 of the Federal Rules of Civil Procedure, Prudential Insurance Company of America shall deposit into the Registry of the Court $300,000.00, together with applicable interest, if any. IT IS FURTHER ORDERED that the Clerk shall deposit the funds in a money market or other instrument, at the prevailing rate of interest at a federall y-approved financial institution. The initial investment is subject to the collateral provisions of Treasury Circular 176. IT IS FURTHER ORDERED that the Clerk shall deduct the administrative registry fee, set by the Director of the Administr ative Office of the U.S. Courts at ten percent of the interest earned or as indicated on the amount and time of deposit into the Court, without further Order of the Court. Said fee is authorized by the Judicial Conference of the United States. Signed by District Judge Charles A. Shaw on 12/28/2015. (MRC)
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