Davis v. North American Company for Life and Health Insurance

Filing 45

ORDER (with Exhibits A & B): This case is before the Court on the 36 Joint Motion to Approve Settlement filed on 10/10/2016. This case was set for a pro ami hearing on the Joint Motion to Approve Settlement, and a hearing was held on 11/16/2016. It is hereby ORDERED as follows. 1. The Court finds the settlement to be in the best interest of the minor children, J.D. and M.D., and it is approved and the 36 Joint Motion to Approve Settlement is GRANTED. 2. The funds on deposit in the Court 9;s Registry shall be distributed as further set out in the order. 3. In accordance with the Settlement Agreement, counsel for North American Company for Life and Health Insurance shall ensure that the Guardian Ad Litem's fees and expenses are p romptly paid as well as the mediator's fee. Counsel for North American Company for Life and Health Insurance is DIRECTED to notify the Court when said fees have been paid. 4. In accordance with the Settlement Agreement, the parties release every other party and all claims, known or unknown, that have arisen, may arise, or that are otherwise related in any way to the death of Matthew Davis, as set out in the 41 Release, which has been signed by all parties. The executed Release is hereby i ncorporated into this Order. 5. Defendant's 31 Second Motion to Dismiss for Failure to State a Claim is DENIED as moot. Pursuant to 28 U.S.C. 1914(b) and FRDOC 91-26415 reported at 56 Fed. Reg. 56356 (November 4, 1991) and directions received from the Administrative Office of the U.S. Courts on 2/7/1992, the Clerk of the Court shall pay into the U.S. Treasury an amount equal to ten percent (10%) of the earned interest as a fee for handling said interpleader funds. The Clerk of the C ourt is further DIRECTED to deposit said ten percent (10%) fee into the 510100 Fund for the U.S. Treasury. The parties are Directed to file a Stipulation for Dismissal upon completion of all distributions and requirements therefor, and this case will be dismissed with prejudice and final judgment entered. Signed by Honorable Judge W. Harold Albritton, III on 12/1/2016. Copy furnished to Financial. (dmn, )

IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF ALABAMA

NORTHERN DIVISION

JENNIFER DAVIS,
Plaintiff,
v.
NORTH AMERICAN COMPANY FOR
LIFE AND HEALTH INSURANCE,
Defendant/Counterclaimant.
v.
JENNIFER DAVIS,
Counterclaim Defendant,
J.D., a minor, and M.D., a minor,
Third Party Defendants.

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) CIVIL ACTION NO. 2: 16-cv-213-WHA
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ORDER
This case is before the Court on the Joint Motion to Approve Settlement, (Doc. # 36),
filed on October 10,2016. This matter involves two minor child, J.D. and M.D. and their claims,
among others', to funds that have been interpleaded into the Court and are presently on deposit
with the Clerk of the Court. Alabama law recognizes the special nature of the attempted
settlement of minor's claims and requires the Court to extensively examine the facts to determine
if the proposed settlement is in the best interest of the minor children. Abernathy v. Colbert Cnty.

Hosp. Ed., 388 So. 2d 1207 (Ala. 1980).
The case was set for a pro ami hearing on the Joint Motion to Approve Settlement, and a
hearing was held on November \6, 2016. Counsel for Jennifer Davis, North American Company

for Life and Health Insurance and the Guardian ad Litem for the minor children appeared before
the Court as well as Jennifer Davis and the minor children, J.D. and M.D.
Based upon the testimony offered by the parties, representations of counsel, and having
the opportunity to examine evidentiary material, including the Settlement Agreement; the J.D.
Education and Support Trust Agreement and the M.D. Education and Support Trust Agreement;
and the endorsement of the Settlement Agreement by the Guardian ad Litem for the minor
children, it is hereby ORDERED as follows:
1.

The Court finds the settlement to be in the best interest of the minor children, J.D.
and M.D., and it is approved and the Joint Motion to Approve Settlement is
GRANTED.

2.

The funds on deposit in the Court's Registry shall be distributed as follows:
a. $130,663.08 principal plus forty-five percent (45%) of the earned interest
on deposit with the Clerk, shall be paid to Jennifer Davis, as Trustee of the
J.D. Education and Support Trust. The check shall be mailed by Certified
Mail with a return receipt requested to Jennifer Davis at 8425 Winfield
Ct., Montgomery, Alabama 36117. Ms. Davis is Directed to deposit the
check in Northwestern Mutual NMIS Account # TWI-I05286, Exhibit A
to this Order.
b. $130,663.08 principal plus forty-five percent (45%) of the earned interest
on deposit with the Clerk, shall be paid to Jennifer Davis, as Trustee of the
M.D. Education and Support Trust. The check shall be mailed by Certified
Mail with a return receipt requested to Jennifer Davis at 8425 Winfield
Ct., Montgomery, Alabama 36117. Ms. Davis is Directed to deposit the

2

check in Northwestern Mutual NMIS Account # TWI-105328, Exhibit B
to this Order.
3.

In accordance with the Settlement Agreement, counsel for North American
Company for Life and Health Insurance shall ensure that the Guardian ad Litem's
fees and expenses are promptly paid as well as the mediator's fee. Counsel for
North American Company for Life and Health Insurance is DIRECTED to notify
the Court when said fees have been paid.

4.

In accordance with the Settlement Agreement, the parties release every other
party and all claims, known or unknown, that have arisen, may arise, or that are
otherwise related in any way to the death of Matthew Davis, as set out in the
Release, (Doc. # 41), which has been signed by all parties. The executed Release
is hereby incorporated into this Order.

5.

Defendant's Second Motion to Dismiss for Failure to State a Claim, (Doc. # 3 I),
is DENIED as moot.

Pursuant to 28 U.S.c. §1914(b) and FRDOC 91-26415 reported at 56 Fed. Reg. 56356
(November 4, 1991) and directions received from the Administrative Office of the U.S. Courts on
February 7, 1992, the Clerk of the Court shall pay into the U.S. Treasury an amount equal to ten
percent (10%) of the earned interest as a fee for handling said interpleader funds. The Clerk of the
Court is further DIRECTED to deposit said ten percent (10%) fee into the 510100 Fund for the U.S.
Treasury.

The parties are Directed to file a Stipulation for Dismissal upon completion of all
distributions and requirements therefor, and this case will be dismissed with prejudice and final
judgment entered.

3

Done this 1st day of December, 2016.

lsi W. Harold Albritton
W. HAROLD ALBRITTON
SENIOR UNITED STATES DISTRICT JUDGE

4

T Northwestern Mutu..r

CllENT GENERAL ACCOUNT
AGREEMENT SIGNATURE PAGE

All Sectf0ll8 ReqlJlNild - P/eese IMAGE THIS PAGE ONL Y.
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AND SUPPORT TRUST UAD 11 tV3i16

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By signing I»low:
(i) I represenllhat I am ct iegal age-and capacity to sign this A{.Teement:
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Exhibit A

WNorthwestern Mutwl'

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Taxpaytr Numb&r

CUENT GENERAL ACCOUNT
AGREEMENT SIGNATURE PAGE·

Taxplyar Number belollg5 10:
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_EducaOOn and Suppa! Trust
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amended In W1'la1g from lime be line by mas;
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v.tI1ho/dIng: and
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(Iv) IlJN!lERSTANO THAT THIS ACCOUNT. MY RElATlONSHlf' WIn! NMlS. AND MY MCtiASE OR SALE OF AN:( SECUR1TY' THROUGH />/MIS
IS
ERN!::1\=PUTE ARBITRATION QAUSE, LOCATED IN PARAGfW'HS 2S AND 29 OF THIS ACCOUNT AGREEMENT.
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Exhibit B

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