Wall v. Metropolitan Life Insurance Company

Filing 22

ORDER granting 18 Motion to Deposit Funds, as set out; granting in part 18 Motion to Appoint Guardian Ad Litem ad Litem. Brenda J. Pierce is appointed as guardian ad litem for the minor third party defendants. Pierce is to file on or before 10 /28/11, a response to MetLife's motion and Wall's response (docs 18, 19). Any reply to Pierce's response shall be due on or before 11/3/11. The remaining issues shall be addressed after the Court receives the responses and replies. Signed by Judge Kristi K. DuBose on 10/17/2011. (copy mailed to Pierce) (cmj)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
MICAH J. WALL a/k/a MICAH J.
WALL-ELLIS,
Plaintiff,
vs.
METROPOLITAN LIFE INSURANCE
COMPANY,
Defendant.
METROPOLITAN LIFE INSURANCE
COMPANY,
Counter Claimant and
Third Party Plaintiff,
vs.
MICAH J. WALL a/k/a MICAH J.
WALL-ELLIS,
Counter Defendant,
And,
V.R.E. (a minor), W.C.E. (a minor),
Third Party Defendants.

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CIVIL ACTION NO. 11-00193-KD-B

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ORDER

This action is before the Court on the Motion to Deposit Funds with Court and Appoint
Guardian ad Litem for Minor Third Party Defendants filed by Metropolitan Life Insurance
Company (MetLife) and the response filed by Plaintiff Micah J. Wall (Wall) (Docs. 18, 19).
Upon consideration and for the reasons set forth herein, the motion is GRANTED in part.

Motion to Deposit Funds
MetLife moves the Court for an order to direct it to deposit with the Court the insurance
proceeds of $50,000.00, together with interest accrued. Wall responds that she does not object to
the deposit but does not agree that MetLife’s counterclaim for interpleader is proper. Upon
consideration, the motion is GRANTED.
MetLife is directed to deposit with the Court, the insurance proceeds of $50,000.00 and
all interest accrued thereon, in accordance with Rule 67 of the Federal Rules of Civil Procedure
and S.D. Ala. Local Rule 67.1. Upon receipt, the Clerk of the Court is directed to deposit the
funds in an interest bearing account at an approved depository institution until such time as this
Court enters an order of disbursement.
Motion to Appoint Guardian ad Litem
MetLife moves the Court for appointment of a guardian ad litem to protect the interests
of the minors V.R.E. and W.C.E. Wall responds that that this Court previously appointed
attorney Brenda J. Pierce as guardian ad litem and that MetLife’s request is moot. Upon review
of the docket, the Court finds that on August 11, 2011, Magistrate Judge Sonja F. Bivins,
addressed this issue. (Doc. 17). Therefore, for clarification, pursuant to Rule 17(c) of the Federal
Rules of Civil Procedure and this Court’s inherent discretion,1 the motion is GRANTED and
attorney Brenda J. Pierce, is appointed as guardian ad litem for the minor third party defendants
V.R.E. and W.C.E.
Accordingly, the guardian ad litem Pierce shall file on or before Friday, October 28,
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McLean v. GMAC Mortgage Corp., 398 Fed.Appx. 467, 470 (11th Cir. Sept. 30, 2010)
(“It is well established that the appointment of a guardian ad litem is a procedural question
controlled by Rule 17(c) of the Federal Rules of Civil Procedure.”) (quoting Burke v. Smith, 252
F. 3d 1260, 1264 (11th Cir. 2001)).

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2011, a response to MetLife’s motion and Wall’s response (Docs. 18, 19). Any reply to the
guardian ad litem’s response shall be due on or before November 3, 2011.
The Clerk of the Court is directed to mail a copy of this order to Pierce.
The remaining issues raised in MetLife’s motion
MetLife also moves the Court to restrain and enjoin Wall, V.R.E. and W.C.E. from
instituting any further action or proceeding against MetLife; to require Wall, V.R.E. and W.C.E.
to litigate or settle this issue among themselves; to dismiss MetLife with prejudice and discharge
MetLife, WalMart, Inc, and the benefits plan from further liability upon paying the funds into
court; and to award MetLife its costs and attorneys fees. These remaining issues shall be
addressed after the Court receives the response from the guardian ad litem and any replies.
DONE and ORDERED this the 17th day of October, 2011.

/s/ Kristi K. DuBose
KRISTI K. DuBOSE
UNITED STATES DISTRICT JUDGE

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