Guardian Life Insurance Company of America v. Schmit et al

Filing 36

ORDER Setting Hearing for 7/10/2014 at 09:00 AM in Courtroom A 902 before Judge R. Brooke Jackson. by Judge R. Brooke Jackson on 5/23/14. (jdyne, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge R. Brooke Jackson
Civil Action No 13-cv-00700-RBJ
GUARDIAN LIFE INSURANCE COMPANY OF AMERICA,
Plaintiff,
v.
MICHAEL J. SCHMIT;
MARIANNE MCCUE;
JESSICA CHRISP, a parent and next friend of LOGAN SCHMIT; and
REBEKAH MAY, as parent and next friend of TRINITY MAY SCHMIT;
Defendants.

ORDER SETTING HEARING

This interpleader action concerns distribution of $20,000 in life insurance proceeds
resulting from the death of Robert Michael Smith. The four claimants identified by the insurer
are Michael J. Schmit, the decedent's father; Marianne McCue, the decedent's mother; Jessica
Chrisp, the decedent's ex-wife (and mother of the decedent's child Logan Smith); and Rebekah
N. May, the decedent's ex-wife and mother of decedent's child Trinity May Schmit. Each of the
four claimants was served with the summons and complaint, and each defaulted. On May 1,
2014 the Court issued an order directing the defendants to show cause as to why the Court
should not distribute the interpleaded funds in four equal shares to the four claimants. In
response Michael J. Schmit agrees with an equal distribution among the four claimants. [ECF
No. 34]. Marianne McCue and Jessica Chrisp did not respond. Rebekah N. May responded that
she believes the money should be divided equally between the decedent's two children, i.e.,

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Trinity (daughter of Rebekah) and Logan (son of Jessica). Because there is a dispute, the Court
sets a hearing for July 10, 2014 at 9:00 a.m. in the Alfred A. Arraj, U.S. District Courthouse,
Courtroom A902, 9th Floor, 901 19th Street, Denver, Colorado at which time the claimants may
be heard.
DATED this 23rd day of May, 2014.
BY THE COURT:

___________________________________
R. Brooke Jackson
United States District Judge

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CERTIFICATE OF SERVICE
I, Mary DeRosa, Judicial Assistant to the Hon. R. Brooke Jackson, hereby certify that I
caused a copy of the foregoing document to be placed in a postage paid envelope addressed to
the Defendants at the address stated below and deposited said envelope in the United States Mail.
Michael J. Schmit
526 Lodge Pole Place
Loveland, CO 80538
Rebekah May
(As parent and next friend of Trinity May Schmit)
5150 Brandywine Drive
Loveland, CO 80538
Jessica Chrisp
(As parent and next friend of Logan Schmit)
1606 SE “S” Street
Bentonville, AR 72712
Marianne McCue
918 South 21st
Rogers, AR 72758
Dated this 23rd day of May, 2014
/s/ Mary DeRosa
___________________________________
Mary DeRosa
Judicial Assistant to Hon. Brooke Jackson
U.S. District Court District of Colorado
901 19th Street
Denver, CO 80294
303-844-4694

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