John Hancock Life Insurance Company (U.S.A) v. Intemann et al

Filing 53

ORDER adopting 52 Report and Recommendation; granting to the extent stated and otherwise denying without prejudice 44 Joint Motion of Defendants for Approval of Settlement Agreement and 49 Supplemental Joint Motion of Defendants for Approval of Settlement Agreement. The Clerk of the Court shall disburse the funds in accordance with this Order. This case remains stayed. Signed by Judge Marcia Morales Howard on 10/20/2014. (JW)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
JACKSONVILLE DIVISION
JOHN HANCOCK LIFE INSURANCE
COMPANY (USA), a foreign insurance
company,
Plaintiff,
v.

Case No. 3:13-cv-1130-J-34JRK

MELISSA MITCHELL INTEMANN,
individually and as parent and guardian of
N.O.I., a minor, et al.,
Defendants.

_____________________________________/
ORDER

THIS CAUSE is before the Court on the Report and Recommendation (Doc. No. 52;
Report), entered by the Honorable James R. Klindt, United States Magistrate Judge, on
September 17, 2014. In the Report, Magistrate Judge Klindt recommends that the Joint
Motion of Defendants for Approval of Settlement Agreement (Doc. No. 44) and the
Supplemental Joint Motion of Defendants for Approval of Settlement Agreement (Doc. No.
49-1) be granted, in part, and denied, without prejudice, in part.

See Report at 4.

Defendants have failed to file objections to the Report, 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 (Doc. No. 52) is

ADOPTED as the opinion of the Court.
2.

The Joint Motion of Defendants for Approval of Settlement Agreement (Doc.

No. 44) and the Supplemental Joint Motion of Defendants for Approval of Settlement
Agreement (Doc. No. 49-1) are GRANTED to the extent stated and otherwise DENIED
without prejudice.
3.

The Settlement Agreement (Doc. No. 44 at pp. 7-33), including the terms of

the N.O.I. Trust (Doc. No. 50-1 at pp. 10-55; duplicate at Doc. No. 51), is approved and
incorporated herein, and the parties are directed to perform under the Settlement
Agreement as their respective interests and obligations shall appear.
4.

The Clerk of the Court shall disburse the remaining proceeds deposited in the

Registry of the Court by John Hancock Life Insurance Company (USA), which as of August
20, 2014, totaled Three Million Six Hundred Forty-Five Thousand One Hundred Twelve
Dollars and Eighteen Cents ($3,645,112.18), together with interest accruing on the
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deposited funds through the date of disbursement, less all court registry fees (collectively,
the “Net Policies Proceeds”) to John B. Macdonald, Esq., Akerman LLP, Suite 3100, 50
North Laura Street, Jacksonville, Florida 32202 (the “Disbursing Agent”).
5.

Upon receipt of the Net Policies Proceeds, the Disbursing Agent shall further

disburse the Net Policies Proceeds in the following amounts:
a)

One Million Six Hundred Thousand Dollars ($1,600,000.00) to Eric
Reeps, as the Trustee of Trust I (the “Trust I Distribution”).

b)

Five Hundred Thousand Dollars ($500,000.00) to Eric Reeps, as the
Trustee of Trust II (the “Trust II Distribution”).

c)

Eight Hundred Thousand Dollars ($800,000.00) to the Trustee of the
N.O.I. Trust (the “N.O.I. Trust Distribution”).

d)

The following distributions as to Melissa Mitchell Intemann:
(i)

Twenty-One Thousand Eight Hundred Thirty-Five Dollars
($21,835.00) to William R. Blackard, Jr., Esq., as attorney for
Schulz Roofing Co. Inc., a creditor of Melissa Mitchell Intemann
(the “Melissa Creditor Distribution”).

(ii)

Four Hundred Twenty-Two Thousand Two Hundred Ninety-Five
Dollars and Eighty-Seven Cents ($422,295.87) to Melissa
Mitchell Intemann (the “Melissa Distribution”).

e)

One Hundred Twenty-Three Thousand Seven Hundred Thirty-Seven
Dollars and Twelve Cents ($123,737.12) to Chase to be applied to

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payment of outstanding indebtedness owing to Chase which is the
subject of the Chase Foreclosure Action (the “Chase Distribution”).
f)

The following payees as payment of the respective parties’ attorneys’
fees and costs incurred in connection with the matters addressed in the
parties’ Settlement Agreement as of March 17, 2014 (collectively, the
“Fees/Costs Distributions”):
(i)

Six Thousand Three Hundred Forty-Eight Dollars ($6,348.00) to
Smith, Gambrell & Russell, LLP, as attorneys for Eric Reeps, as
Trustee.

(ii)

Twenty-Three Thousand Five Hundred Seventy-Five Dollars
and Ninety-Six Cents ($23,575.96) to Adams and Reese LLP,
as attorneys for Karen B. Intemann, Michael A. Intemann and
Sara Jo Bartlett.

(iii)

Twenty-Two Thousand Two-Hundred Thirty-Three Dollars and
Eighty Cents ($22,233.80) to Akerman LLP, as attorneys for
Jessica E. Intemann and Megan A. Intemann.

(iv)

Ten Thousand Four Hundred Forty-Eight Dollars and Ten Cents
($10,448.10) to R. Michael Perkins, Esq., as attorney for
Jessica E. Intemann and Megan A. Intemann.

(v)

Thirty-Four Thousand Four Hundred Thirty-Three Dollars and
Eighty-Three Cents ($34,433.83) to The Coleman Law Firm,

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PLLC, as attorneys for Melissa Mitchell Intemann, N.O.I. and
the Estate.
(vi)

Four Thousand Dollars ($4,000.00) to the attorneys defending
the Chase Foreclosure Action involving the Condominium (the
“Chase Foreclosure Fees Distribution”).

g)

All Net Policies Proceeds remaining after the distributions set forth in
3.(a) through 3.(f) above, shall be disbursed by the Disbursing Agent,
upon the joint instruction of counsel of Melissa Mitchell Intemann and
the Family Trusts Beneficiaries, in the following order of priority
commencing with 3(g)(i):
(i)

Such sums as are necessary, in addition to the Chase
Foreclosure Fees Distribution, to pay in full all additional
attorneys’ fees and costs of defending any foreclosure action
involving the Condominium as well as the Homestead.

(ii)

Any additional attorneys’ fees and costs incurred by the Trustee
in connection with the implementation of this Agreement not
paid by reason of the distribution in subparagraph 3(f)(i) above.

(iii)

Any trustee fees incurred by Eric Reeps, as Trustee, in
connection with this Interpleader Action and this Agreement.

(iv)

The fees and costs incurred in connection with the
establishment of the N.O.I. Trust.

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(v)

Any funds remaining after the above distributions are to be
divided into three equal shares distributable to the following
three groups: (1) Jessica E. Intemann and Megan A. Intemann,
(2) Karen B. Intemann, Michael A. Intemann, and Sara Jo
Bartlett, and (3) Melissa Mitchell Intemann and N.O.I., for
application to payment of their respective remaining unpaid
attorneys’ fees and costs. If any of these three designated
groups do not incur additional attorneys’ fees and costs equal
in amount to their respective one-third (1/3) share of the total
distribution under this subparagraph, then any such excess
funds shall be distributed in equal shares to the remaining
designee groups, to the extent that they then have incurred
unpaid attorneys’ fees and costs.

(vi)

In the event any funds remain after the above distributions, they
shall be distributed in three equal shares to Trust I, Trust II, and
the N.O.I. Trust.

6.

The Disbursing Agent shall be at liberty to honor the written instruction of the

respective payees of the Trust I Distribution, the Trust II Distribution, and the Melissa
Distribution to pay any portion of such distributions to alternative payees, such as for the
payment of Trustee’s fees, attorneys’ fees, or costs, without further Order of the Court.
7.

Upon completion of the disbursements outlined above, the Disbursing Agent

shall file a notice reflecting compliance with the terms herein. Once the notice is filed,

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assuming the parties do not seek Court intervention on any issues that may arise during the
disbursement process, Defendants shall have ten (10) days to file an appropriate notice of
dismissal.
8.

The Motion and Supplemental Motion are DENIED without prejudice to the

extent they request the Court to retain jurisdiction to enforce the Settlement Agreement.
The Court generally declines requests to retain jurisdiction to enforce settlement
agreements. If Defendants wish to renew this request, they shall file a proper motion
including legal authority supporting their request within ten (10) days of the filing of the
notice by the Disbursing Agent.
9.

The case remains stayed.

DONE AND ORDERED at Jacksonville, Florida, this 20th day of October, 2014.

ja
Copies to:
Honorable James R. Klindt
United States Magistrate Judge
Counsel of Record
Any Unrepresented Party

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