Life Insurance Company of North America v. Campbell et al

Filing 41

ORDER adopting and confirming 39 REPORT AND RECOMMENDATIONS approving 36 MOTION for final judgment in interpleader filed by Life Insurance Company of North America, except the Court declines to issue a permanent injunction or to reserve jurisdiction to enforce the payment term of the parties' settlement agreement. Signed by Chief Judge Anne C. Conway on 11/18/2013. (SR)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
LIFE INSURANCE COMPANY OF
NORTH AMERICA,
Plaintiff,
-vs-

Case No. 6:13-cv-104-Orl-22TBS

IRIS S. CAMPBELL, individually; IRIS S.
CAMPBELL as Personal Representative of
the Estate of Lawrence W. Campbell a/k/a
Larry Campbell; IRIS S. CAMPBELL as
Trustee of the Larry Campbell Family
Trust dated January 22, 2001; JOSEPH A.
FREIN, as Guardian Ad Litem of A.C., a
minor; JASON CAMPBELL; ZACHARY
CAMPBELL; TRAVIS CAMPBELL;
DAVID CAMPBELL; and ARLENE
WALKER,
Defendants.
_____________________________________

ORDER
This cause is before the Court for consideration of the parties’ Stipulation for Final
Judgment in Interpleader (Doc. No. 36) filed on September 25, 2013.

The United States Magistrate Judge has submitted an Amended Report and
Recommendations (“Amended R&R”) (Doc. No. 39)1 recommending that the Stipulation be
approved except as to permanent injunctive relief.
After an independent de novo review of the record in this matter, including Plaintiff’s
Limited Objections (Doc. No. 38) to the original R&R, the Court agrees with the Magistrate
Judge’s recommendations in the Amended R&R. Therefore, it is ORDERED as follows:
1.

The Amended Report and Recommendations filed October 17, 2013 (Doc. No. 39),

is ADOPTED and CONFIRMED and made a part of this Order.
2.

The parties’ Stipulation for Final Judgment in Interpleader (Doc. No. 36), filed on

September 25, 2013, is APPROVED, except the Court declines to issue a permanent injunction or
to reserve jurisdiction to enforce the payment term of the parties’ settlement agreement.
3.

Plaintiff Life Insurance Company of North America’s (“LINA”) sole liability to

Iris S. Campbell, the Estate of Lawrence W. Campbell, the Larry Campbell Family Trust, Jason
Campbell, Zachary Campbell, David Campbell, Travis Campbell, Arlene Walker, and A.C., a
minor (collectively, “Defendants in Interpleader”) are the proceeds of a life insurance policy,

1

The Magistrate Judge issued the original Report and Recommendations on October 2, 2013.
In response, Plaintiff filed Limited Objections, noting that Defendant Arlene Walker’s name had been
inadvertently omitted from the parties’ Stipulation and, consequently, from the original R&R.
Additionally, Plaintiff objected to the Magistrate Judge’s statement that under the policy terms the
insurance proceeds should have been paid to the estate. The Magistrate Judge then issued the
Amended R&R which corrected Ms. Walker’s omission. The Magistrate Judge left Plaintiff’s other
objection for resolution by the undersigned judge. However, it is unnecessary for the Court to reach
Plaintiff’s objection to the Magistrate Judge’s background statement that the policy proceeds should
have been paid to the estate. The Court need not address that statement in order to grant the parties
the relief they jointly seek.
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Policy Number FLX-980188, owned by Lawrence Campbell where Lawrence Campbell is the
insured and the death benefit is equal to $1,136,000 (the “Policy Proceeds”).
4. Defendants in Interpleader have entered into a Settlement Agreement and Release dated
July 19, 2013, which fully and finally resolves among themselves the question of entitlement to
the Policy Proceeds.
5. Pursuant to the Settlement Agreement and Release, the Policy Proceeds are to be paid
to the Estate of Lawrence W. Campbell.
6. The claims of all remaining Defendants in Interpleader are dismissed with prejudice.
7. Within ten (10) days of entry of this Order, LINA is directed to pay the Policy Proceeds
to the Trust Account of Broad and Cassel for further disbursement in accordance with the terms of
the Settlement Agreement and Release.
8. Upon deposit of the Policy Proceeds, LINA is dismissed from this action with
prejudice, and is released and discharged from all further liability upon Policy Number FLX980188 relative to the death benefits of Lawrence Campbell.
9. The Defendants in Interpleader waive any claim to accrued or accruing interest in
addition to the Policy Proceeds.
10. Each party will bear its own attorneys’ fees and costs.
11. The Clerk of Court is directed to administratively close this case for sixty (60) days,
pursuant to this Stipulated Final Judgment of Interpleader, pending filing of a stipulation for
dismissal with prejudice during that time. If no stipulation is filed, and no motion for extension of
time is filed, this case will be dismissed.

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DONE and ORDERED in Chambers, in Orlando, Florida on November 18, 2013.

Copies furnished to:
United States Magistrate Judge
Counsel of Record
Unrepresented Party
Guardian Ad Litem

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