Unum Life Insurance Company of America v. Smith et al (JOINT ASSIGN)(MAG+)

Filing 77

ORDER: it is ORDERED that: 1) The Magistrate Judge's 74 Recommendation is ADOPTED; 2) Sonya Moman's claims to the $50,000.00 life insurance proceeds from group policy number 294131 are DISMISSED with prejudice for failure to obey court orders and failure to prosecute; 3) The life insurance proceeds at issue from group policy number 294131 are awarded to the sole remaining claimant Kimberly Smith (decedent's daughter); and 4) The pending 64 Motion for Summary Judgment by Kimberly Smith and Smith's 66 Motion to Compel Moman to Fully Respond to Discovery Requests by Smith are DENIED as moot; DIRECTING the Clerk to wait the requisite period for the expiration of the time for appeal, after the Clerk receives an y necessary documentation from the payee, such as W-9 forms, as further set out in order; further ORDERED that the Clerk of the Court issue a check drawn on ServisFirst Bank (designated bank), where the interpleader funds are deposited in a Money Mar ket Account, for the principal amount of $50,074.66, plus all earned interest, to date; This check shall be made payable to ServisFirst Bank (designated bank); The designated bank shall provide the Clerk of the Court with two official checks pay able as follows: 1) To Kimberly Smith in the amount of $50,074.66, plus 90% of all earned interest; 2) To the Clerk of the Court for 10% of all earned interest; Pursuant to 28 USC 1914(b) and FRDOC 91-26415 reported at 56 Fed. Reg. 563 56 (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 10% of the earned interest as a fee for handling sai d interpleader funds; further DIRECTING the Clerk to receipt said 10% into the 510100 fund for the U.S. Treasury; further ORDERED that the Clerk of the Court shall mail Plf's check by certified mail, with a return receipt, to her attorney, James E. Long at his address of record. Signed by Chief Judge William Keith Watkins on 7/12/2018. (furn: Finance, Clerk) (wcl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
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KIMBERLY SMITH,
Plaintiff,
v.
SONYA MOMAN,
Defendant.

CASE NO. 2:17-CV-489-WKW
[WO]

ORDER
On June 20, 2018, the Magistrate Judge filed a Recommendation (Doc. # 74)
to which no timely objections have been filed. After an independent review of the
record and upon consideration of the Recommendation, it is ORDERED that:
1.

The Magistrate Judge’s Recommendation (Doc. # 74) is ADOPTED;

2.

Sonya Moman’s claims to the $50,000.00 life insurance proceeds from
group policy number 294131 are DISMISSED with prejudice for
failure to obey court orders and failure to prosecute;

3.

The life insurance proceeds at issue from group policy number 294131
are awarded to the sole remaining claimant — Kimberly Smith
(decedent’s daughter); and

4.

The pending Motion for Summary Judgment by Kimberly Smith (Doc.
# 64) and Smith’s Motion to Compel Moman to Fully Respond to
Discovery Requests by Smith (Doc. # 66) are DENIED as moot.

Prior to executing the remainder of this Order, the Clerk of the Court is
DIRECTED to wait the requisite period for the expiration of the time for appeal,
after the Clerk receives any necessary documentation from the payee, such as W-9
forms. If there is an appeal, then the Clerk of the Court shall delay payment pending
resolution of the appeal. If no appeal is filed, then the Clerk of the Court shall
proceed to the remainder of the Order.
It is further ORDERED that the Clerk of the Court issue a check drawn on
ServisFirst Bank (designated bank), where the interpleader funds are deposited in a
Money Market Account, for the principal amount of $50,074.66, plus all earned
interest, to date. This check shall be made payable to ServisFirst Bank (designated
bank). The designated bank shall provide the Clerk of the Court with two official
checks payable as follows:
1.

To Kimberly Smith in the amount of $50,074.66, plus 90% of all earned
interest;

2.

To the Clerk of the Court for 10% of all earned interest.

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
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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 is further DIRECTED to receipt
said ten percent (10%) fee into the 510100 fund for the U.S. Treasury.
It is further ORDERED that the Clerk of the Court shall mail Plaintiff’s check
by certified mail, with a return receipt, to her attorney, James E. Long at his address
of record.
DONE this 12th day of July, 2018.
/s/ W. Keith Watkins
CHIEF UNITED STATES DISTRICT JUDGE

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