The Prudential Insurance Company of America v. Morgan et al

Filing 44

ORDER signed by Chief Judge Morrison C. England, Jr on 4/22/14 GRANTING 34 Motion to Appoint Guardian ad Litem ad Litem. Within 21 days of the date of this Order, Prudential shall cause the Remaining Death Benefit, in the amount of $200,000. 00 plus accrued claim interest, if any, to be paid into this Court's Registry to be held in an interest-bearing account pursuant to FRCP 67 and Local Rule 150. Counsel for Plaintiff shall serve a copy of this Order upon all parties within 5 court days of this Order. (Meuleman, A)

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Michele Ballard Miller (SBN 104198)
[e-mail]
Jennifer A. Shy (SBN 131074)
[e-mail]
MILLER LAW GROUP
A Professional Corporation
111 Sutter Street, Suite 700
San Francisco, CA 94104
Tel. [phone]
Fax [phone]

Attorneys for Plaintiff
7 THE PRUDENTIAL INSURANCE
COMPANY OF AMERICA
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UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
SACRAMENTO DIVISION

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M ILLER L AW G ROUP

A P R O F E S S I O N A L C O R P O R A T IO N
C A L I FO R N I A

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Case No.: Case 2:13-cv-00820-MCE-AC

13 THE PRUDENTIAL INSURANCE COMPANY
OF AMERICA,
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Plaintiff,
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v.
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17 A.M, a minor; D.P., a minor; ANDREA
MORGAN in her personal capacity;
18 INGERLISHA MARTINEZ, as mother and next
friend of the minor child A.M.; and ANDREA
19 MORGAN, in her capacity as mother and next
friend of the minor child D.P.;
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ORDER APPOINTING A GUARDIAN AD
LITEM FOR THE MINOR D.P. AND
ALLOWING DEPOSIT OF THE DEATH
BENEFIT INTO THE COURT’S REGISTRY
PURSUANT TO FED.R.CIV.PRO. 67 AND
LOCAL RULE 150
Date: April 3, 2014
Time: 2:00 p.m.
Dept.: 7

Defendants.

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Plaintiff The Prudential Insurance Company of America’s (“Plaintiff” or

24 “Prudential”) Motion To Appoint Guardian Ad Litem For The Minor D.P. And To Deposit The
25 Death Benefit With The Court came on for hearing on April 17, 2014, at 2:00 p.m. in
26 Department 7 of this Court, the Honorable Morrison C. England, Jr., Chief Judge of the
27 United States District Court, presiding. The Court, having determined that no oral argument
28 was necessary, submitted the matter on the briefs in accordance with Local Rule 230(g).
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[PROPOSED] ORDER APPOINTING A GUARDIAN AD LITEM FOR THE MINOR D.P. AND ALLOWING DEPOSIT OF
THE DEATH BENEFIT INTO THE COURT’S REGISTRY -- Case No.: Case 2:13-cv-00820-MCE-AC

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Having considered the papers submitted, and it appearing that this matter

2 concerns entitlement to certain group life insurance benefits in the amount of $200,000.00
3 (“Remaining Death Benefit”), plus accrued claim interest, if any, due as a consequence of
4 the death of Xantavia Phillips, deceased, which Prudential, through the Office of
5 Servicemembers’ Group Life Insurance, provided to the Department of Veterans Affairs of
6 the United States, pursuant to the Servicemembers’ Group Life Insurance Statute, 38
7 U.S.C. § 1965, et seq., under group policy number G-32000, and it appearing that the within
8 agreed Order is proper and in the best interests of D.P., a minor, and for good cause
9 shown,
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1.

Plaintiff’s Motion for Appointment of Guardian ad Litem (ECF No. 36) is

M ILLER L AW G ROUP

A P R O F E S S I O N A L C O R P O R A T IO N
C A L I FO R N I A

11 GRANTED. Defendant Andrea Morgan is hereby appointed as guardian ad litem of the
12 minor, D.P., pursuant to Fed. R. Civ. Pro. 17(c)(2), for the purposes of, inter alia, accepting
13 service of the Interpleader Complaint, appearing on behalf of D.P. in this action, and
14 otherwise binding the minor D.P. to Orders of this Court entered and decisions made during
15 the course of this litigation. Ms. Morgan, who is the ex-wife of the deceased and the mother
16 of D.P., originally had asserted a potential right to the insurance proceeds, but by Response
17 filed April 10, 2014 (ECF No. 41) to the instant motion, represented that she waived any
18 right to the death benefit at issue and attached a signed waiver in that regard.
19 Consequently any potential conflict of interest that may have precluded Ms. Morgan from
20 serving as D.P.’s guardian ad litem no longer exists. Ms. Morgan has consented to serve
21 as D.P. guardian ad litem in the instant matter.
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2.

Within twenty-one (21) days of the date of this Order, Prudential shall

23 cause the Remaining Death Benefit, in the amount of $200,000.00, plus accrued claim
24 interest, if any, to be paid into this Court’s Registry to be held in an interest-bearing account
25 pursuant to Fed. R. Civ. Pro. 67 and Local Rule 150;
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[PROPOSED] ORDER APPOINTING A GUARDIAN AD LITEM FOR THE MINOR D.P. AND ALLOWING DEPOSIT OF
THE DEATH BENEFIT INTO THE COURT’S REGISTRY -- Case No.: Case 2:13-cv-00820-MCE-AC

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3.

Counsel for Plaintiff shall serve a copy of this Order upon all parties

2 within five (5) court days of this Order.
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IT IS SO ORDERED.

4 Dated: April 22, 2014
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M ILLER L AW G ROUP

A P R O F E S S I O N A L C O R P O R A T IO N
C A L I FO R N I A

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[PROPOSED] ORDER APPOINTING A GUARDIAN AD LITEM FOR THE MINOR D.P. AND ALLOWING DEPOSIT OF
THE DEATH BENEFIT INTO THE COURT’S REGISTRY -- Case No.: Case 2:13-cv-00820-MCE-AC