Metropolitan Life Insurance Company v. Schneider-Viers et al
| Metropolitan Life Insurance Company |
| Mary Schneider-Viers, Ann Coleman and Marker & Heller Funeral Homes, Inc. |
| 3:2009cv00497 |
| December 29, 2009 |
| US District Court for the Southern District of Ohio |
| Dayton Office |
| MONTGOMERY |
| Walter H Rice |
| Labor: E.R.I.S.A. |
| 29 U.S.C. ยง 1132 E.R.I.S.A.-Employee Benefits |
| None |
Follow case documents by RSS
Available Case Documents
The following documents for this case are available for you to view or download:
| Document Text |
|---|
Filing
23
DECISION AND ORDER - As between Defendant Schneider-Viers and Defendant Coleman, there are no disputed facts and Defendant Schneider-Viers is entitled to judgment as a matter of law. The Court further notes that Plaintiff has complied with the Stipul ated Motion for Leave to Interplead Funds and for Discharge and Dismissal (Doc. Nos. 18, 22). It is therefore ORDERED that 1. All claims of Defendant Marker & Heller Funeral Homes, Inc., to proceeds from the life insurance benefits having been satisf ied, all of its claims in this case are dismissed with prejudice; 2. Plaintiff MetLife, General Motors Corporation (now known as Motors Liquidation Company and/or General Motors Company), and the General Motors Life and Disability Program are hereby released and discharged from any further liability or obligations for the Plan Benefits plus any applicable interest payable under the Plan as a result of the death of the Decedent, Defendants are restrained and enjoined from instituting any action o r proceeding against MetLife, General Motors or the Plan in any state or United States court for the Plan Benefits plus any applicable interest payable as a consequence of the death of the Decedent; 3. All claims of Defendant Ann Coleman are dismisse d with prejudice; and 4. The Clerk shall pay the balance on deposit in the Registry of the Court with respect to this case to Defendant Mary Schneider-Viers. The Clerk shall enter judgment to the foregoing effect. Signed by Magistrate Judge Michael R Merz on 7/2/2010. (kpf1)
|
|
Filing
19
SCHEDULING ORDER - This interpleader action came on for scheduling conference under Fed. R. Civ. P. 16 by telephone at 9:30 A.M. Charles Scott Lanz, L. Michael Bly, Mark A. Fisher, and James R. Kirkland participated on behalf of their respective clie nts. Paragraph 15 of the Complaint is amended to recite March 26, 2009, as the correct date of death of Frederick Viers. Both claimants agree that Defendant Marker & Heller is entitled to be paid the funeral bill from the insurance proceeds. Plaint iff's counsel will therefore submit a motion to accomplish that and deposit of the remaining proceeds in the Court's registry. Once that has happened, Plaintiff and Defendant Marker & Heller will be dismissed from the case. The case is pre sently pending on Defendant Mary Schneider-Viers' Motion for Summary Judgment. Defendant Coleman's time to respond is extended to and including June 11, 2010. If the case is not completely resolved by the Court's decision on that motion, a new scheduling conference will be convened. Signed by Magistrate Judge Michael R Merz on 5/25/2010. (kpf1)
|
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Ohio Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
