Standard Insurance Company v. Lightfoot et al

Filing 13

CONSENT FINAL ORDER AND JUDGMENT: Unless Conner shall file on or before 6/6/2018 either a motion with this Court seeking to have the Default Judgment set aside or a notice of appeal, Standard shall after 6/6/2018 pay to Lightfoot the Disputed Funds of $7,000.00. Signed by Judge J. Leon Holmes on 4/23/2018. (ljb)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
STANDARD INSURANCE COMPANY, )
)

Plaintiff

)
)

v.

Case No. 5:18-cv-00015-JLH

)
)

LATESEA LIGHTFOOT

)

And

)
)
)

LARO NI CA CONNER (defaulted),

)
)

Defendants.

)

CONSENT FINAL ORDER AND JUDGMENT
With the agreement and consent of all parties not in default, the Court
hereby orders and adjudges:
1.

This Court has subject matter jurisdiction over this action pursuant to

§ 502(e)(l) of the Employee Retirement Income Security Act of 1974 (ERISA), 29
U.S.C. § 1132(a)(3).

Venue is proper in this District pursuant to ERISA

§ 502(e)(2), 29 U.S.C. § 1132(e)(2).
2.

Defendant Latesea Lightfoot ("Lightfoot") submits to the jurisdiction

of this Court and appears for the purpose of effectuating and facilitating the entry
of the order and judgment in this action and the dismissal with prejudice of this
entire matter, without fees or costs to anyone.

Lightfoot acknowledges being

properly served with the Summons and Complaint on file herein and she

acknowledges that she has had the opportunity to consult with the attorney of her
choosing.
3.

Wagner Industries, Inc. sponsors an "employee welfare benefit plan"

that provides life insurance benefits to certain of its employees (hereinafter
"Plan"). The Plan is an "employee welfare benefit plan" within the meaning of
ERISA § 3(1), 29 U.S.C. § 1002(1)
4.

Plaintiff, Standard Insurance Company ("Standard"), issued Group

Life Insurance Policy No. 159328-A (hereinafter "Policy"), to insure the benefits
that became payable under the Plan.
5.

Upon the death of Cedric Devon Lightfoot, on October 26, 2017,

Seven Thousand Dollars ($7,000) (the "Disputed Funds") became payable under
the Policy.
6.

Standard received conflicting claims to the Disputed Funds from

former Defendant Laronica Conner ("Conner") and from Lightfoot, the daughter of
Decedent.
7.

Confronted with conflicting claims and the possibility of making

duplicative payments if it honored in whole or in part either the claim of Connor or
that of Lightfoot, Standard filed this Interpleader action in good faith as an
innocent stakeholder on January 17, 2018, naming both Conner and Lightfoot as
defendants.

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8.

On April 4, 2018, this Court entered a Default Judgment against

Conner after she was properly served but failed to timely appear or file any answer
or motion responsive to the Complaint in Interpleader.
9.

Following the entry of default against Conner, only Lightfoot was

asserting any claim to the Disputed Funds.
10.

Decedent's last beneficiary designation form m the records of

Standard designated Lightfoot as his sole beneficiary.
11.

Absent the timely appeal by Conner challenging the entry of the

default judgment against her, the parties agree that Standard should pay the
Disputed Funds of $7,000 to Lightfoot as a full and complete resolution of this
matter.
NOW, THEREFORE, FOR GOOD CAUSE SHOWN AND WITH THE
CONSENT OF THE PARTIES, the Court Orders and Adjudges:
a)

Unless Conner shall file on or before June 6, 2018 either a motion

with this Court seeking to have the Default Judgment set aside or a notice of
appeal, Standard shall after June 6, 2018 pay to Lightfoot the Disputed Funds of
Seven Thousand Dollars ($7,000.00), such check to be delivered to Lightfoot's
attorney, Ronald Davis. In the event Conner on or before June 6, 2018 files
with this Court a motion seeking to have the Default Judgment set aside or a
notice of appeal, this Consent Final Order and Judgment shall be stayed

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pending a further Order of this Court and Standard shall have no duty to pay the
Disputed Funds to Lightfoot pending a further order of this Court;
b)

Upon Standard paying the Seven Thousand Dollars ($7,000.00)

pursuant to the paragraph above, it shall have fulfilled all its duties and
obligations under the Policy and the Plan arising from the death of Cedric
Devon Lightfoot;
c)

Any claim Lightfoot may have had or has against Standard (including

any of its past, present and future affiliates, officers, directors and employees),
or the Plan (including any of its past, present or future administrators and
fiduciaries), arising from or related in any way to the Plan or the Policy or their
respective administrations, or the death of Cedric Devon Lightfoot, is forever
forfeited, waived, released and barred;
d)

Any claim by any person, company or entity claiming to have rights

by, through or derivative of Lightfoot, including but not limited to any of her
heirs or assigns, in any way related to the Plan, the Policy or their respective
administrations, or the death of Cedric Devon Lightfoot is forever forfeited,
waived, released and barred;
e)

Lightfoot and her heirs and assigns shall be and are forever enjoined

from bringing any claim, action or lawsuit against Standard (including its past,
present and future affiliates, officers, directors and employees) or the Plan

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(including its past, present or future administrators or fiduciaries) arising from
or in any way related to the Plan, the Policy, the death of Cedric Devon
Lightfoot or any matter that could have been asserted in this action.
THOMPSON COBURN LLP

RONALD L DAVIS JR. LAW
FIRMPLLC

By: Isl Richard J. Pautler
Richard J. Pautler
One US Bank Plaza 35th Fl.
St. Louis, MO 63101
[phone]
Attorneys for Standard Insurance
Company

By: Isl Ronald Davis (with consent)
Ronald Davis
PO Box 3432
Little Rock, AR 72203-3432
[phone]
Attorneys for Latesea Lightfoot

SO ORDERED AND ADJUDGED

Dated:

Apc:i I

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