Minnesota Life Insurance Company v. Sauseda et al

Filing 18

ORDER: Minnesota Life deposited a total of $37,853.13 with the Clerk. The policy proceeds had earned some interest. See the attached letters. Signed by Judge D. P. Marshall Jr. on 7/14/2014. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
NORTHERN DIVISION

MINNESOTA LIFE INSURANCE CO.

v.

PLAINTIFF

No. 1:13-cv-112-DPM

ANNA SAUSEDA; MARIA RODRIGUEZ;
and JACKSON FUNERAL HOMES, INC.

DEFENDANTS

ORDER
Minnesota Life deposited a total of $37,853.13 with the Clerk. The
policy proceeds had earned some interest. See attached letters.
So Ordered.
D.P. Marshall Jr. II'
United States District Judge

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MR
MB

400 WEST CAPITOL, SUITE 1900
LITTLE ROCK, ARKANSAS 72201
VOICE [phone]
FAX [phone]
www.mrmblaw.com

MUNSON
ROWLETT
MOORE

RICHARD SHANE STRABALA
[e-mail]
DIRECT [phone]

BOONE

July 10, 2014

VIA HAND DELIVERY
Honorable D. Price Marshall, Jr.
United States District Judge
Richard Sheppard Arnold US Courthouse
600 West Capitol Avenue, Room B155
Little Rock, AR 72201-3325
Re:

Minnesota Life Insurance Company v. Anna Sauseda, Maria Rodriguez, and
Jackson Funeral Homes, Inc.
United States District Court, Eastern District of Arkansas, Northern Division
Case No. 1:13cv112 DPM
Our File: 26480

Dear Judge Marshall:
I am writing to advise the Court that we have received and are forwarding to the Clerk's
office two checks for payment pursuant to the Court's recent Order in connection with the
above-captioned interpleader. So that the Court is aware, the final checks that were issued were
in the amount of $30,282.50 and $7,570.63. According to my math, the total on the two checks
is $37,853.13. I realize that the Court's original Order directed us to make payment in the
amount of$37,500. However, under the terms of the policy, some interest was owed in addition
to the principal balance on the life insurance policy due to the period of time that elapsed
between the claim being made and the ultimate Order of the Court directing payment to the
Clerk's office.
I realize that, as a matter of housekeeping, the Court may want to enter a supplemental
order reflecting the exact amount of payment since it was in excess of that calculated in the
Court's original Order. It is only for this reason that I was writing Your Honor to let you know
that the checks had been received and forwarded to the Clerk's office. I apologize for taking up
the Court's time with this issue but simply wanted to make sure that the Clerk did not end up
with a surplus at the conclusion of this case.
As always, the Court's many courtesies are truly appreciated. By copy of this
correspondence, I am advising counsel for all parties of my communication with the Court.

Honorable D. Price Marshall, Jr.
July 10,2014
Page 2

RSS/rab
Enclosure:
cc w/encl:
Omar F. Greene
Attorney at Law
813 West Third Street, Suite 200
Little Rock, Arkansas 72201
James A. McLarty
Attorney at Law
114 Main St.
Newport, AR 72112-3232
Randy Coleman
Mika Shadid Tucker
Jack Nelson Jones & Bryant, P.A.
2800 Cantrell Road, Suite 500
Little Rock, AR 72202

MR
MB

MUNSON

400 WEST CAPITOL, SUITE 1900
LITTLE ROCK, ARKANSAS 72201
VOICE [phone]
FAX [phone]
www.mrmblaw.com

ROWLETI
MOORE

RICHARD SHANE STRABALA
[e-mail]
DIRECT [phone]

BOONE

July 10, 2014

VIA HAND DELIVERY
James W. McCormack, Clerk
United States District Court
Richard Sheppard Arnold US Courthouse
500 West Capitol Avenue, Room D258
Little Rock, AR 72201-3325
Re:

Minnesota Life Insurance Company v. Anna Sauseda, Maria Rodriguez, and
Jackson Funeral Homes, Inc.
United States District Court, Eastern District of Arkansas, Northern Division
Case No. 1: 13cv112 DPM
Our File: 26480

Dear Mr. McCormack:
Please find enclosed a recent Order entered by Judge Marshall in the above captioned
case. Pursuant to the terms of the Order, I enclose two checks from my client Minnesota Life
Insurance Company made payable to your office. While it was originally anticipated that the
checks would total $37,500.00, there are actually some additional funds owed due to
accumulated interest on the proceeds of two life insurance policies at issue in this case. I have
written Judge Marshall to advise of the additional amount being paid into the registry of the
Court and am enclosing a copy of my letter to the Judge with this correspondence. I anticipate
that, within the near future, the Judge will most likely enter an amended order dealing with the
extra amount.
We want to thank you and the Court for all your time and consideration. Should you
have any questions whatsoever, please do not hesitate to contact me. Thanks.
Best regards,

:?()~
~bala

RSS/rab
Enclosures

James W. McCormack, Clerk
July 10, 2014
Page2

cc w/encl:
Omar F. Greene
Attorney at Law
813 West Third Street, Suite 200
Little Rock, Arkansas 72201
James A. McLarty
Attorney at Law
114 Main St.
Newport, AR 72112-3232
Randy Coleman
Mika Shadid Tucker
Jack Nelson Jones & Bryant, P.A.
2800 Cantrell Road, Suite 500
Little Rock, AR 72202

Case 1:13-cv-00112-DPM Document 16 Filed 06/25/14 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
NORTHERN DIVISION

MINNESOTA LIFE INSURANCE CO.

v.

PLAINTIFF

No. 1:13-cv-112-DPM

ANNA SAUSEDA; MARIA RODRIGUEZ;
and JACKSON FUNERAL HOMES, INC.

DEFENDANTS

ORDER

The Court confirms its jurisdiction, 28 U.S.C. § 1335, notes the parties'
agreed Order, and approves the proposal. The Court will enter it today.
Minnesota Life should deposit $37,500.00 with the Clerk now. The Court
directs the Clerk to disburse $6,948.86 of the stake to Jackson Funeral Homes,
Inc., cf o Mr. McLarty. After the funeral home files a receipt, the Court will
dismiss it and Minnesota Life with prejudice. The Court will also realign the
parties- Sauseda will be plaintiff, and Rodriguez will be defendant- so they
can litigate their dispute over the remaining proceeds. If Sauseda and
Rodriguez want an early referral to a magistrate judge for a settlement
conference, they should request one. The Court regrets its tardiness in
handling these issues.

Case 1:13-cv-00112-DPM Document 16 Filed 06/25/14 Page 2 of 2

So Ordered.
I

!,!

D.P. Marshall Jr. ·
United States District Judge
u

-2-

Minnesota Life Insurance Company

MINNESOTA LIFE

P.O. Box64114
St. Paul, MN 55164-0114

A Securian Company

I Policy I Unit Number

Policyholder
A&M System

0033769/001

Claim Number

Insured

1013943

Petra Samaripas

Date of Payment

Insurance Amount

07/07/2014

Interest Rate

7500.00

1.000

Interest Amount

Check Amount
7570.63

70.63

Payee
US DISTRICT COURT EASTERN DISTRICT OF AR

Loan I Account Number

Benefit Date

FC

* Please note that this payment includes interest at the rate of

1.000% per annum from the date immediately following the date of
death through the date of settlement.
* If you have any questions regarding this A&M Systems life insurance
payment, please contact our Austin branch office at 1-877-443-5854.
* This payment represents basic insurance.

Check No.

19687484

Warrant No.

FOR CLAIM INFORMATION CALL TOLL FREE: 1 888 658-0193

To Cash
Detach Check Here

www.minnesotalife.com/benefits

To Cash
Detach Check Here

Please keep this stub for your records

AMOUNT

US DISTRiCT COURT EASTERN DISTRICT OF AR
500 WEST CAPITOL AVENUE
LITTLE ROCK AR 72201

·.· ·

GN9777

$**7 ,570.63

VOID IF NOT PRESENTED FOR
PAYMENT WITHIN 90 DAYS

I

W

Minnesota Life Insurance Company

MINNESOTA LIFE

P.O. Box 64114
St. Paul, MN 55164-0114

A Securian Company

I Policy I Unit Number

Policyholder
A&M System
Claim Number
1013943
Date of Payment
07/07/2014

0033777/001
Insured
Petra Samaripas
Insurance Amount
30000.00

Interest Rate
1.000

Interest Amount
282.50

Check Amount
30282.50

Payee
US DISTRICT COURT EASTERN DISTRICT OF AR
Loan I Account Number

Benefit Date

FC

* Please note that this payment includes interest at the rate of

1.000% per annum from the date immediately following the date of
death through the date of settlement.
* If you have any questions regarding this A&M Systems life insurance
payment, please contact our Austin branch office at 1-877-443-5854.
* This payment represents optional insurance.

Check No.

19687485

Warrant No.

GN9776

FOR CLAIM INFORMATION CALL TOLL FREE: 1 888 658-0193

To Cash
Detach Check Here

www.minnesotalife.com/benefits

To Cash
Detach Check Here

Please keep this stub for your records

AMOUNT

us DISTRICt couRT EASTERN DISTRICT OF AR ·
500 WEST CAPITOL AVENUE
LITTLE ROCK AR 72201

$**30,282.50

VOID IF NOT PRESENTED FOR
PAYMENT WITHIN 90 DAYS

I

W