Minnesota Life Insurance Company v. Pinkston et al

Filing 22

ORDER granting 21 Motion for Discharge from Liability ; granting 21 Motion for Permanent Injunction; granting 21 Motion to Dismiss; granting 21 Motion for Disbursement of Funds. Upon issuance of the described checks in the order, all cla ims in this action are dismissed. The Clerk shall terminate all deadlines and motions and close the case at that time. Subject to the exception described in Paragraph 2(a), each party shall bear its own costs and attorney's fees. Signed by Judge J. Randal Hall on 12/05/2014. (thb)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
AUGUSTA DIVISION

MINNESOTA LIFE INSURANCE

*

COMPANY,

*
*

Plaintiff,

*
*

v.

CV 114-182

*
*

DOROTHY L. PINKSTON,
TREASURE PINKSTON STEPHENS,

*
*

and MORTICIAN'S CHOICE, LLC,

*
*

Defendants.

*

ORDER

Presently before the Court is parties'

for

Discharge

with
(Doc.

from

Prejudice,
21.)

The

Liability,

and

Permanent

Disbursement

parties,

all

of

of
whom

Amended Joint Motion

Injunction,

the
have

Dismissal

Interpleader
retained

represent that they have reached an agreement as

Fund.

counsel,

to the proper

allocation of benefits under the life insurance policy of Jessie
Pinkston,

a/k/a

Jesse

Pinkston.

Upon

due

consideration,

the

Court GRANTS the motion (doc. 21) and ORDERS the following:
(1)

Each party SHALL file an executed W-9
DAYS of

(2)

form within 10

this Order.

Upon receipt

of

the

executed W-9

form,

the

Clerk

is

DIRECTED to disburse:

(a)

$6,000.00 of the funds currently being held in
the Registry of the Court to "Minnesota Life
Insurance Company" for its attorney's fees and
expenses, to be mailed to:

Jennifer Noland Rathman
Smith Moore Leatherwood LLP
1180 West Peachtree Street

Suite 2300

Atlanta, Georgia 30309

(b)

$7,356.75 of the funds currently being held in
the Registry of the Court to "Mortician's Choice,
LLC," to be mailed to:

Stephen V. Kinney, Esq.
Gilbert,
Harrell,
Sumerford

&

Martin,

P.C.

1815 Osborne Road

St. Mary's, Georgia 31558

(c)

$134,824.60 of the funds currently being held in
the Registry of the Court, plus 70 PERCENT of any
accrued

interest,

attorneys

for

to

Dorothy

"Trotter

L.

Pinkston,

and as Administrator of the
Pinkston," to be mailed to:

James B.

Trotter,

Trotter Jones,

Jones,

LLP,

as

individually

Estate

of

Jessie

Esq.

LLP

3527 Walton Way Extension
Augusta, Georgia 30909-18921

(d)

$57,781.98 of the funds currently being held
the Registry of the Court, plus THIRTY PERCENT
any accrued interest, to "Troy A Lanier, P.C,
attorneys for Treasure Pinkston Stephens," to

in
of
as
be

mailed to:

Troy A. Lanier, Esq.
Troy A. Lanier, P.C.
P.O.

Box 2426

Augusta, Georgia 30903
(3)

The

Defendants

are

PERMANENTLY

ENJOINED

from

instituting or prosecuting any
other
proceeding
against Minnesota Life Insurance Company in any state
or federal court affecting or involving the death
benefits or interest payable under Policy No. 130010T,

Plan Sponsor No.

33669-G due to the death of Jessie

Pinkston, a/k/a Jesse Pinkston.

The parties
this

action

Procedure

have

with

further have agreed to

prejudice

41(a) (1) (A) (ii) .

above-described checks,
WITH

PREJUDICE.

motions

pursuant

and

The

CLOSE

all

Federal

Accordingly,
claims

Clerk

the

to

case

SHALL

at

the

upon

dismissal

Rule

of

issuance

of

Civil

of

the

in this action are DISMISSED
terminate

that

all

time.

deadlines

Subject

to

and

the

exception described in Paragraph 2(a), each party shall bear its
own costs and attorney's fees.

ORDER
December,

ENTERED

at

Augusta,

Georgia

this

S^

c^r

day

of

2014.

HONSRAffiLE J.

RANDAL HALL

UNITED/ STATES DISTRICT JUDGE
SOUTHERN DISTRICT OF GEORGIA