King v. TIAA-CREF Individual & Institutional Services LLC et al
Filing
39
ORDER upon agreement of the parties, the Estate of Tatiana Wilbanks, The Estate of Elizabeth Wilbanks, and the Estate of James Wilbanks have resolved their differences in this matter. Liberty shall pay the Estate of Tatiana Wilbanks $50,000.00 and pay the Estate of Elizabeth Wilbanks $950,000.00 with such payments being delivered to the parties counsel within thirty (30) days of receipt by Liberty of such documentation and forms. TC Services shall pay the Estate of Elizabeth Wilban ks the full amount of the retirement account of James Wilbanks II as calculated as of the date such payee information is provided to TC Services' counsel minus federal and state tax withholdings made by TC Services as it determines are approp riate within thirty (30) days of receipt by TC Services of such documentation. Liberty and TC Services are fully and finally discharged from any and all liability to any other Party in this action or under the Policy that is the subject of this ac tion. Claimants are permanently enjoined from instituting any additional proceeding in any state or United States court or other forum related to matters, accounts, policies and funds at issue in this case as to Liberty and TC Services or any affiliated entity of either entity.- This is the final judgment of the court, and this matter is hereby terminated. All claims made by all parties in this case are dismissed with prejudice. Signed by Chief Judge Brian S. Miller on 4/13/2016. (jak)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
CHARLES KING as executor
of the estate of Elizabeth Wilbanks
v.
PLAINTIFF/
COUNTERDEFENDANT
CASE NO. 4:15-CV-00726 BSM
TIAA-CREF INDIVIDUAL & INSTITUTIONAL
SERVICES, LLC and LIBERTY LIFE
ASSURANCE COMPANY OF BOSTON
LIBERTY LIFE ASSURANCE COMPANY
OF BOSTON
DEFENDANTS
THIRD PARTY PLAINTIFF/
COUNTERCLAIMANT
v.
ESTATE OF ELIZABETH WILBANKS,
by and through its duly named administrator,
Charles King; ESTATE OF JAMES WILBAKS,
by and through its duly named administrator,
William King; and ESTATE OF TATIANA WILBANKS,
by and through its duly named administrator, Patrick Drew
THIRD PARTY
DEFENDANTS
ORDER
Upon agreement of the parties, the Court finds as follows:
1.
The Estate of Tatiana Wilbanks, the Estate of Elizabeth Wilbanks, and the
Estate of James Wilbanks (collectively the "Claimants") have resolved their differences
in this matter.
2.
Upon submission by counsel for the Estate of Elizabeth Wilbanks and the
Estate of Tatiana Wilbanks of payee information and any and all completed payee forms
required by Liberty Life Assurance Company of Boston (“Liberty”) to counsel for
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Liberty in this matter, Liberty shall pay the Estate of Tatiana Wilbanks $50,000.00 and
pay the Estate of Elizabeth Wilbanks $950,000.00 with such payments being delivered to
the parties’ counsel within thirty (30) days of receipt by Liberty of such documentation
and forms.
3.
Upon submission of payee information in writing and any and all forms as
my be required by TC Services provided by counsel for the Estate of Elizabeth Wilbanks
to counsel of record for TIAA-CREF Individual & Institutional Services, LLC ("TC
Services"), TC Services shall pay the Estate of Elizabeth Wilbanks the full amount of the
retirement account of James Wilbanks II as calculated as of the date such payee
information is provided to TC Services' counsel minus federal and state tax withholdings
made by TC Services as it determines are appropriate within thirty (30) days of receipt by
TC Services of such documentation.
4.
Liberty and TC Services are fully and finally discharged from any and all
liability to any other Party in this action or under the Policy that is the subject of this
action. Claimants are permanently enjoined from instituting any additional proceeding in
any state or United States’ court or other forum related to matters, accounts, policies and
funds at issue in this case as to Liberty and TC Services or any affiliated entity of either
entity.
5.
This is the final judgment of the court, and this matter is hereby terminated.
All claims made by all parties in this case are dismissed with prejudice.
IT IS SO ORDERED this 13th day of April 2016.
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UNITED STATES DISTRICT JUDGE
Prepared by:
/s/ Thomas Burns
Thomas Burns
HANCOCK LAW FIRM
610 East 6th Street
Little Rock Arkansas 72202
Approved as to form by:
/s/ Iwana Rademaekers
Iwana Rademaekers
LAW OFFICES OF IWANA RADEMAEKERS, P.C.
14785 Preston Rd, Suite 550
Dallas Texas 75254
/s/ Anton L. Janik, Jr.
Anton L. Janik, Jr.
MITCHELL, WILLIAMS, SELIG,
GATES & WOODYARD, PLLC
425 West Capitol Ave, Suite 1800
Little Rock Arkansas 72201
/s/ Baxter D. Drennon
Baxter D. Drennon
WRIGHT, LINDSEY & JENNINGS LLP
200 West Capitol Ave, Suite 2300
Little Rock Arkansas 72201
/s/ Scott N. Sherman
Scott N. Sherman
NELSON, MULLINS, RILEY & SCARBOROUGH LLP
201 17th Street, NW, Suite 1700
Atlanta Georgia 30363
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