Administrative Committee of the Northrop Grumman Savings Plan v. Lankford

Filing 73

Amended Order. ORDERED that dismissed party Administrative Committee of the Northrop Grumman Savings Plan's Emergency Motion to Amend the Court's Order Awarding Attorney's Fees 72 is GRANTED. ORDERED that the Court's May 12, 201 5 Order granting the Stipulated Motion for Attorney's Fees and Costs filed by plaintiff the Estate of Terry T. Lankford and the Administrative Committee of the Northrup Grumman Savings Plan 71 is AMENDED as follows: the Clerk of the Court shall issue the previously-ordered disbursement of funds no earlier than July 1, 2015. The Court's May 12, 2015 Order otherwise remains in full effect. Entered by Judge Philip A. Brimmer on 06/05/15.(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.
_____________________________________________________________________
AMENDED ORDER
_____________________________________________________________________
This matter is before the Court on the Emergency Motion to Amend the Court’s
Order Awarding Attorney’s Fees [Docket No. 72] filed by 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 resolv e
potential competing claims of plaintiff the Estate of Terry T. Lankford (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.
On May 12, 2015, pursuant to a stipulated motion by the Plan and the Estate,
the Court ordered the Clerk of the Court to 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. 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. Docket No. 71 at 2-3.
The Plan now asks the Court to amend its May 12, 2015 Order to provide that
the above-described disbursement shall not occur before July 1, 2015. Docket No. 72
at 2,¶ 8. Although the Plan has not articulated a rationale for the delay, either in the
instant motion or in the previous Stipulated Motion on Attorney’s Fees and Costs, the
Court notes that the delay in the disbursement was jointly requested by the Plan and
plaintiff the Estate of Terry T. Lankford. See Docket No. 68 at 2, ¶ 6. The Court,

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accordingly, approves the parties’ stipulated request to delay disbursement of funds.
Wherefore, it is
ORDERED that dismissed party Administrative Committee of the Northrop
Grumman Savings Plan’s Emergency Motion to Amend the Court’s Order Awarding
Attorney’s Fees [Docket No. 72] is GRANTED. It is further
ORDERED that the Court’s May 12, 2015 Order granting the Stipulated Motion
for Attorney’s Fees and Costs filed by plaintiff the Estate of Terry T. Lankford and the
Administrative Committee of the Northrup Grumman Savings Plan [Docket No. 71] is
AMENDED as follows: the Clerk of the Court shall issue the previously-ordered
disbursement of funds no earlier than July 1, 2015. The Court’s May 12, 2015 Order
otherwise remains in full effect.

DATED June 5, 2015.
BY THE COURT:

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

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