Metropolitan Life Insurance Company v. Jackson et al

Filing 38

ORDER adopting 37 Report and Recommendation; granting, to the extent set forth in the Order, the remaining portion of 29 Plaintiff's Amended Motion for Interpleader and For Dismissal From This Action With Prejudice. See Order for additional details and for instructions to Clerk. Signed by Judge Marcia Morales Howard on 8/1/2013. (JW)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
JACKSONVILLE DIVISION
METROPOLITAN LIFE INSURANCE
COMPANY,
Plaintiff,
vs.

Case No. 3:11-cv-967-J-34JRK

JAMES JACKSON, et al.,
Defendants.
_____________________________________/
ORDER
THIS CAUSE is before the Court on the Report and Recommendation (Dkt. No. 37;
Report), entered by the Honorable James R. Klindt, United States Magistrate Judge, on July
12, 2013. In the Report, Magistrate Judge Klindt recommends that the remaining portion of
Plaintiff Metropolitan Life Insurance Company’s Amended Motion for Interpleader and For
Dismissal From This Action With Prejudice and Response to the Court’s October 23, 2012
Order (Dkt. No. 29) be granted. No objections to the Report have been filed, and the time
for doing so has now passed.
The Court “may accept, reject, or modify, in whole or in part, the findings or
recommendations made by the magistrate judge.” 28 U.S.C. § 636(b). If no specific
objections to findings of facts are filed, the district court is not required to conduct a de novo
review of those findings. See Garvey v. Vaughn, 993 F.2d 776, 779 n.9 (11th Cir. 1993); see
also 28 U.S.C. § 636(b)(1). However, the district court must review legal conclusions de
novo. See Cooper-Houston v. Southern Ry. Co., 37 F.3d 603, 604 (11th Cir. 1994); United

States v. Rice, No. 2:07-mc-8-FtM-29SPC, 2007 WL 1428615, at * 1 (M.D. Fla. May 14,
2007).
Upon independent review of the file and for the reasons stated in the Magistrate
Judge’s Report, the Court will accept and adopt the legal and factual conclusions
recommended by the Magistrate Judge. Accordingly, it is hereby ORDERED:
1.

The Magistrate Judge’s Report and Recommendation (Dkt. No. 37) is

ADOPTED as the opinion of the Court.
2.

The remaining portion of Plaintiff Metropolitan Life Insurance Company’s

Amended Motion for Interpleader and For Dismissal From This Action With Prejudice and
Response to the Court’s October 23, 2012 Order (Dkt. No. 29) is GRANTED to the
following extent:
A.

Plaintiff shall deposit the Plan Benefits ($16,200.00), plus any
applicable interest, into the registry of the Court no later than August
12, 2013, and file a notice certifying that the deposit has been
accomplished.

B.

Upon receipt of the notice, the Court will dismiss Plaintiff from this
action with prejudice, and Plaintiff, the Plan, and KAR Holdings, Inc. will
be discharged from any further liability for the Plan Benefits, plus any
applicable interest.

C.

The Clerk of the Court shall deduct any fees payable to the Clerk’s
Office from the Plan Benefits.

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D.

Defendants are hereby restrained and enjoined from instituting any
action against Plaintiff, the Plan, and KAR Holdings, Inc. for the
recovery of the Plan Benefits, plus any applicable interest.

3.

The Clerk shall enter a default judgment against Defendants Tonette Morgan

and Tarsha Gates, which shall serve to terminate these Defendants’ respective interests, if
any, in the Plan Benefits at issue, plus applicable interest.
4.

As to Defendants James Jackson, Anthony Harris, Hazel King (a/k/a Halel

Shuman, a/k/a Hazel Sherman), Jeannette Smith, Randolph King (a/k/a Rudolph King), and
Ralph King:
A.

The Court requests the mediator (Richard M. Stoudemire, Esquire) to
file, no later than August 15, 2013, a detailed report with the Court
setting out the terms of the settlement so that the Court may enter an
Order directing the disbursement of the Plan Benefits (including the
applicable interest) to Defendants in accordance with their settlement
agreement.

The Court further requests that the mediator

simultaneously serve the detailed report on the pro se Defendants at
the following addresses, and include with the detailed report a
certificate of service to that effect:
i.

James Jackson
3005 Muntjac
Schertz, TX 78154

ii.

Anthony Harris
2303 W. 25th St.
Jacksonville, FL 32201

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iii.

iv.

Jeannette Smith
904 Townsend Blvd.
Jacksonville, FL 32211

v.

Randolph King a/k/a Rudolph King
1269 Vonda Lane SW
Mableton, GA 30126

vi.

B.

Hazel King a/k/a Halel Shuman a/k/a Hazel Sherman
1114 Mcconihe St.
Jacksonville, FL 32209

Ralph King
2711 N. Market St.
Jacksonville, FL 32206-2959

Defendants shall file with the Court and serve on all other Defendants
any objections to the proposed terms of the settlement and proposed
disbursement of the Plan Benefits, plus interest, within twenty (20)
days of the receipt of the mediator’s report. In the absence of receiving
any objections, the Court will thereafter enter a separate Order directing
the Clerk to disburse the Plan Benefits (plus applicable interest) in
accordance with the parties’ agreement; and dismissing this matter with
prejudice.

5.

In addition to this Order, the Clerk shall send a copy of Judge Klindt’s Report

and Recommendation (Dkt. No. 37) to the mediator.
DONE AND ORDERED at Jacksonville, Florida, this 1st day of August, 2013.

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Copies to:
Hon. James R. Klindt
United States Magistrate Judge
Counsel of Record
Pro se parties
Finance
Richard M. Stoudemire, Esquire
Saalfield Shad, PA
245 Riverside Ave - Suite 400
Jacksonville, Florida 32202

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