Administrative Committee of the Northrop Grumman Savings Plan v. Lankford

Filing 71

ORDER granting 68 Motion for Attorney Fees by Judge Philip A. Brimmer on 05/12/15.(jhawk, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Philip A. Brimmer
Civil Action No. 14-cv-00536-PAB-MJW
THE ESTATE OF TERRY T. LANKFORD,
Plaintiff,
v.
KENNETH FOY LANKFORD,
Defendant.
_____________________________________________________________________
ORDER
_____________________________________________________________________
This matter is before the Court on the Stipulated Motion on Attorney’s Fees and
Costs [Docket No. 68] filed by plaintiff the Estate of Terry T. Lankford (the “Estate”) and
dismissed party the Administrative Committee of the Northrop Grumman Savings Plan
(the “Plan”). The Plan initiated this action by bringing a complaint in interpleader
pursuant to Fed. R. Civ. P. 22 and 28 U.S.C. §§ 2201, 2202, and 29 U.S.C.
§ 1132(a)(3)(B)(ii) to resolve potential competing claims of the Estate and defendant
Kenneth Foy Lankford to the proceeds of Ms. Terry T. Lankford’s retirement account
(the “account”). See Docket No. 1. On August 11, 2014, the Plan deposited the
account funds into the Court registry. Docket No. 43 at 3, ¶ 12.
On April 24, 2014, the Court found that the Plan properly invoked interpleader
because it reasonably feared exposure to claims from multiple parties whose interests
were adverse to one another. Docket No. 65 at 6. T he Court also found that it was
undisputed that defendant Kenneth Foy Lankford had forfeited his interest in the

account, and that Mr. Timothy Lankford, a named secondary beneficiary, had executed
a written disclaimer in his interest in 50% of the proceeds of the account. Based on
these findings, the Court granted summary judgment in favor of the Estate and against
defendant Kenneth Foy Lankford. See id. at 8-9. The Court ordered the Plan to submit
a motion for attorney’s fees and further ordered that, after resolution of such motion, the
Clerk of the Court shall disburse all funds currently held in the Court registry, including
all interest accrued, less the award of attorney’s fees and costs, if any, and less the
registry fee assessment, as follows: 50% to the estate of Clara M. Trout, and 50% to
Richard W. Trout. Id. at 9.1
In lieu of filing a motion for attorney’s fees, the Estate and the Plan have
stipulated that the Plan shall be paid $7,000 f rom the funds currently held in the Court
registry and request that the Court order the release of funds accordingly. See Docket
No. 68. The Court finds that the stipulated award of attorney’s fees is reasonable and
appropriate. Wherefore, it is
ORDERED that plaintiff the Estate of Terry T. Lankford and dismissed party
Administrative Committee of the Northrop Grumman Savings Plan’s Stipulated Motion
on Attorney’s Fees and Costs [Docket No. 68] is GRANTED. It is further
ORDERED that the Clerk of the Court shall disburse all funds currently held in
the Court registry in connection with this case, including all interest accrued, less the
registry fee assessment, as follows: $7,000 to Administrative Committee of the
Northrop Grumman Savings Plan, c/o Mark Casciari, Seyfarth Shaw LLP, 131 S.
1

On May 1, 2015, the Estate filed contact information for the Estate of Clara M.
Trout and Richard W. Trout under Level 1 Restriction. See Docket No. 67.
2

Dearborn St., Chicago, IL 60603, 50% of the remaining balance to the Estate of Clara
M. Trout, and 50% of the remaining balance to Richard W. Trout.

DATED May 12, 2015.
BY THE COURT:

s/Philip A. Brimmer
PHILIP A. BRIMMER
United States District Judge

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