PRUDENTIAL INSURANCE COMPANY OF AMERICA v. DELK et al
Filing
33
ORDER granting 29 Motion to Appoint Guardian ad Litem, etc. with further instructions from the Court. Ordered by Judge Hugh Lawson on 1/9/2013. (nbp)
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
VALDOSTA DIVISION
THE
PRUDENTIAL
INSURANCE
COMPANY OF AMERICA,
Plaintiff,
Civil Action No. 7:12-CV-56 (HL)
v.
BRANDI DELK; DONNA LEWIS, in
her capacity as the (proposed)
guardian ad litem for K.P.H., a
minor; JENA ALLEN, in her capacity
as the (proposed) guardian ad litem
for A.R.H., a minor; PAMELA
HUMBERS, in her capacity as the
Trustee for BRANDI DELK, K.P.H., a
minor, and A.R.H., a minor; and
CATINA HENNING,
Defendants.
ORDER
This case is before the Court on Plaintiff’s Motion to Appoint Guardian Ad
Litem for K.P.H., Motion to Appoint Guardian Ad Litem for A.R.H., Motion for
Final Default Judgment, Motion to Deposit Funds with Court, and Motion for
Summary Judgment Granting Interpleader and Discharging Prudential from
Further Liability (Doc. 29). Brandi Delk, Pamela Humbers, Donna Lewis, and
Jena Allen have filed a consolidated response to the motions. Catina Henning is
in default and did not respond. Plaintiff did not file a reply brief.
Plaintiff, through the Office of Servicemembers’ Group Life Insurance,
issued policy number G-32000, covering the life of Kevin Patrick Henning.
Henning died on June 14, 2011. At the time of his death, the value of the death
benefits payable under the policy was $400,000.
On or about December 12, 1998, Henning designated Jena Allen as the
primary beneficiary of the death benefit payable under the policy. On or about
January 15, 2008, Henning designated “To My Trustee Pamela S. Humbers to
Fund a Trust Established for the Benefit of My Children: [K.P.H. and A.R.H.] and
Brandi I. Delk under My Last Will and Testament” as the primary beneficiary of
any benefit due under the policy. No one involved in this action has been able to
locate the last will and testament referenced in the January 15, 2008 beneficiary
designation.
On or about July 21, 2011, Pamela Humbers submitted a claim to the
death benefits in her capacity as Trustee for K.P.H., A.R.H., and Brandi Delk. On
the same date, Brandi Delk also submitted a claim to the death benefits. On or
about July 27, 2011, Jena Allen submitted a claim for the death benefit on behalf
of A.R.H. Plaintiff filed this interpleader action on April 26, 2012, stating it was
unable to determine who was entitled to payment of the death benefits. Plaintiff
has now filed a number of motions, each of which the Court will address
separately.
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A.
Motion for Final Default Judgment against Catina Hennings
After the complaint was filed, each of the Defendants was served with
summons and a copy of the complaint. Each Defendant answered with the
exception of Catina Henning.1 Plaintiff requested an entry of default from the
Clerk of Court, and the default was entered on October 29, 2012.
Plaintiff now requests the entry of a final default judgment against Catina
Henning based on her failure to timely answer the complaint or otherwise appear
in the action. The Court agrees that a default judgment against Catina Henning is
appropriate. This portion of Plaintiff’s motion is granted. The scope of the final
default judgment is outlined in the conclusion section below.
B.
Motion to Appoint Donna Lewis as Guardian Ad Litem for K.P.H.
K.P.H. is a minor. Under Federal Rule of Civil Procedure 17(c)(2), the
Court is required to appoint a guardian ad litem to protect a minor who is
unrepresented in an action. Donna Lewis is K.P.H.’s mother and natural
guardian. She has already appeared on behalf of K.P.H. in this matter. Further,
because she does not have an individual claim to the death benefits, there is no
conflict of interest with the minor. Defendants consent to the appointment.
Based on the foregoing, the Court grants Plaintiff’s motion to have Donna
Lewis appointed as guardian ad litem for K.P.H.
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Catina Henning is the widow of Kevin Patrick Henning.
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C.
Motion to Appoint Jena Allen as Guardian Ad Litem for A.R.H.
A.R.H. is also a minor. Jena Allen is A.R.H.’s mother and natural guardian.
She has already appeared on behalf of A.R.H. in this matter. Further, because
she does not have an individual claim to the death benefits, there is no conflict of
interest with the minor. Defendants consent to the appointment.
Based on the foregoing, the Court grants Plaintiff’s motion to have Jena
Allen appointed as guardian ad litem for A.R.H.
D.
Motion to Deposit Funds into the Registry of the Court
Pursuant to Federal Rule of Civil Procedure 67(a), Plaintiff seeks to
deposit the death benefit, along with any applicable interest, in the Registry of the
Court. Defendants have no objection. Thus, the Court grants Plaintiff’s motion to
deposit funds.
E.
Motion for Summary Judgment and Discharge from Liability
Plaintiff states that once it has deposited the death benefit and any
applicable interest with the Clerk of Court, it should be discharged from the case
and any further liability. Defendants agree, as does the Court. Thus, this portion
of the motion is granted, as further outlined in the conclusion section below.
F.
Conclusion
1.
Plaintiff’s Motion for Final Default Judgment against Catina Henning
is granted. Catina Henning is permanently enjoined from bringing any action or
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proceeding claiming an interest to the death benefit in any forum against any
person, or making any further actual or implied claims, demands, and causes of
action, asserted or unasserted, liquidated or unliquidated, or bringing any action
or proceeding in any forum against any person, arising out of or in connection
with the policy and/or the death benefits thereunder.
2.
Plaintiff’s Motion to Appoint Guardian Ad Litem for K.P.H. is granted.
Donna Lewis is appointed guardian ad litem for K.P.H.
3.
Plaintiff’s Motion to Appoint Guardian Ad Litem for A.R.H. is granted.
Jena Allen is appointed guardian ad litem for A.R.H.
4.
Within fourteen (14) days of the date of this Order, Plaintiff shall
deposit with the Clerk of Court the death benefit; to wit: $400,000, plus accrued
claim interest on this amount, if any. The funds are to be deposited by the Clerk
of Court into the Registry of the Court as soon as the business of the office
allows. The funds shall be deposited into an interest-bearing account and shall
remain on deposit until further order of the Court. Plaintiff is ordered to serve a
copy of this Order on the Clerk of Court.
5.
Upon the deposit of the death benefit and any applicable interest
with the Clerk of Court, summary judgment is granted in favor of Plaintiff. Plaintiff
shall be, and hereby is, discharged from any and all liability as to Brandi Delk;
Donna Lewis, in her capacity as the guardian ad litem for K.P.H., a minor; Jena
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Allen, in her capacity as the guardian ad litem for A.R.H., a minor; Pamela
Humbers, in her capacity as the Trustee for Brandi Delk, K.P.H., and A.R.H., and
Catina Henning relating to the policy and/or death benefit. Further, Brandi Delk;
Donna Lewis, in her capacity as the guardian ad litem for K.P.H., a minor; Jena
Allen, in her capacity as the guardian ad litem for A.R.H., a minor; Pamela
Humbers, in her capacity as the Trustee for Brandi Delk, K.P.H., and A.R.H., and
Catina Henning are permanently enjoined from bringing any action or proceeding
claiming an interest to the death benefit in any forum, or making any further
actual or implied claims, demands, and causes of action, asserted or unasserted,
liquidated or unliquidated, or bringing any action or proceeding in any forum,
arising out of or in connection with Plaintiff relating to the policy and/or death
benefit due thereunder.
6.
Plaintiff is hereby released from all claims, rights, interests, and
actions that Brandi Delk; Donna Lewis, in her capacity as the guardian ad litem
for K.P.H., a minor; Jena Allen, in her capacity as the guardian ad litem for
A.R.H., a minor; Pamela Humbers, in her capacity as the Trustee for Brandi Delk,
K.P.H., and A.R.H., and Catina Henning might otherwise have held against
Plaintiff with respect to the policy and/or death benefit.
7.
Any and all claims against Plaintiff relative to the policy and/or death
benefit are dismissed with prejudice.
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8.
The Court will retain jurisdiction over this action for purposes of
determining to whom and how the death benefit to be paid into the Court by
Plaintiff should be distributed. The Court understands that Defendants Delk,
Humbers, Lewis, and Allen have reached a settlement with respect to their
claims to the funds in this case. Defendants are to provide the Court with a notice
of final settlement outlining how the funds are to be divided no later than
February 22, 2013.
SO ORDERED, this the 9th day of January, 2013.
s/ Hugh Lawson
HUGH LAWSON, SENIOR JUDGE
mbh
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