State Farm Life Insurance Company v. Jefferson et al

Filing 63

ORDER denying as moot 38 Motion to Strike; denying 40 Motion to Strike; denying 51 Motion to Stay; granting 52 Motion for Extension of Time. All motions, except motions in limine, are due within 14 days from the date of this order. Signed by Chief Judge J. Randal Hall on 07/28/2017. (thb)

IN
FOR

THE

UNITED

THE

STATES

DISTRICT

SOUTHERN DISTRICT

OF

COURT

GEORGIA

AUGUSTA DIVISION

STATE

FARM

LIFE

INSURANCE

*

COMPANY,
*

Plaintiff,

*

*

CV

116-085

LATASHA JEFFERSON,
DAVID TURNER,

VALERIE SMITH,

and BEVERLY WILCHER WHITAKER,

*

Defendants.

*

ORDER

David
filed

Turner,

three

strike1

motions

(doc.

40);

Valerie
with

(2)

Smith,

the

Court:

a motion

motion for an extension of time

and
(1)

to stay
(doc.

52).

Beverly
an

Whitaker

amended

(doc.

51);

have

motion

and

(3)

to

a

The Court DENIES the

motion to strike and motion to stay and GRANTS the motion for an
extension of time.

I.

Defendants in this

life-insurance

Background

case are fighting over Michael Turner's

proceeds.

Before

his

death,

Turner

named

Defendant Latasha Jefferson as the sole beneficiary of his State

1 Their original motion to strike (doc. 38) is DENIED AS MOOT.

Farm life-insurance policy.
Defendants
("the

David

Turner,

siblings'') ,

Turner

to

remove

(Doc. 1 SI 26.)
Valerie

contend
them

as

that

to

his

and

Jefferson

Beverly

Whitaker

improperly

beneficiaries.

passed away in April 2016,
entitlement

Smith,

Turner's siblings,

(Id.

SI

induced

36.)

Turner

and Jefferson and the siblings claim

insurance

proceeds.

State

Farm

filed

this

during

her

interpleader action to resolve the dispute.
These

parties

deposition,

asked

by

been

of

a

convicted

40-1

convicted

at

of

of

that

offenses

and

the
or

siblings

arrested,

driving

and

failing to

other

Jefferson

possession

a

fine

stated

crimes.

of

she

(Id.

at

convicted

drugs.

Counsel

been

she

had

and

that

she

had

that

she

26.)

been

ever

that

for

that

had

When

said

license

pay the

She

had

whether
Jefferson

without

26-27.)

any

however,

for

crime

been arrested for
(Doc.

discovery,

Jefferson misrepresented her criminal history.

counsel

convicted

conducted

had

It
of

for

conviction.
not

been

turns

out,

other

the

traffic

siblings

discovered some of these charges through his own investigation,
and

Jefferson

admitted

some

in

written

discovery,

which

was

served after her deposition.
II.

Discussion

The siblings ask the Court to
because

this

(1)

of Jefferson's misstatement

case

pending

the

resolution

strike Jefferson's answer

in

her deposition,

of

litigation

(2)

stay

concerning

Turner's

estate

in

the

Richmond

County

Probate

Court,

and

(3)

extend the deadline for filing motions in this case.
A. Motion

to

Strike

Because
the

Court

Jefferson

should

Jefferson's

litigation
Physicians,
(11th Cir.

restraint

"perjured

use

its

answer.

LLC

v.

2009) .

and

SRG

would

behavior.

See

Supp.

1408

1390,

Although

her

See id.

not

also

failed

to

strike

561

Eagle

F.3d

for

Hosp.

1298,

1306

is

when

the

Court

makes

a

appropriate

Inc.

only

punish
v.

when

or

a

deter

Citi-Chem,

lesser

the

Inc.,

bad

992

F.

(S.D. Ga. 1998).

the

discovery

criminal history.

to

The striking of an answer is a

sufficiently

Jefferson

deposition,

argue,

sanctions

power."

Inc.,

only

misstated

her

criminal

siblings have not

intentionally or in bad faith.
written

power

impose

inherent

and

id. ; Chemtall,

her deposition,

may

siblings

But the Court must exercise this power "with

that

punishment

its

the

sanction

Consulting,

discretion"

sanction

court

under

finding of bad faith.
severe

inherent

"A

misconduct

herself,"

which

Jefferson

provided

(See Doc.
show

that

shown that

Indeed,

requests,

were

during

she did

so

when she responded to
not

more

lesser

served until

detail

53-4 at 6-7.)
a

history

after

about

her

The siblings have
sanction

sufficiently punish or deter the behavior.

would

Accordingly,

not

the

Court DENIES the siblings' motion to strike Jefferson's answer.

B. Motion to Stay

The
the

siblings

resolution

Richmond

also

County

Court

litigation

of

ask the

over

Probate

Court.

to

stay this

Turner's

Jefferson

have

petitioned

Without

citing

that

any

court

law,

the

appropriate because

if

is

made

"found

Court

or

would

be

to

have

the

remove

any

Ad

in

the

apparently

been

and the siblings

from

contend

removed as

that

that

in

appointed
this

case

in

position.

a

stay

is

administrator or

misrepresentation

Litem

evidence

her

siblings

Jefferson is

Guardian

admissible

to

pending

estate

has

appointed the administrator of Turner's estate,

case

to

the

that

which

Probate

case,

would

that

show

her

motivation in seeking a change of beneficiary designation on the
late Mr.

Turner's life insurance policy."

The Court has the discretion to

(Doc.

stay cases "as an incident

to its power to control its own docket."
520 U.S.

681,

should be

706

(1997).

amount

Co. Commc'ns,

Inc.,

The

Court

is

of

See Clinton v. Jones,

A stay may not be immoderate:

granted only for

unreasonable

51 at 2-3.)

good reason and should not

time.

See

221 F.3d 1262,
unconvinced

Ortega

1264

that

it

Trujillo

(11th Cir.
should

v.

a stay

last

an

Conover

&

2000).
stay

this

case

pending the resolution of the litigation in the Probate Court.
As

an

initial

matter,

indication as to how

requested

stay

for

the

siblings

long that

an

have

not

provided

any

litigation may last, making the

indefinite period

of

time.

And

more

important,
may

arise

example,

the

siblings

from

that

the

the

contend

estate

only

that

litigation.

resolution

of

admissible

They

that matter

do

not

evidence

argue,

would help

for

dispose

of any issues in this case or otherwise expedite its resolution.

Accordingly,

the Court DENIES the siblings' motion to stay.

C. Motion for an Extension of Time

The

which
All

siblings

were

due

motions,

also

July

except

request additional

3,

2017.

motions

The
in

time

Court

limine,

to

GRANTS

are

now

file motions,

this
due

request.
within

14

days from the date of this order.
Ill.

In

and

sum,

the

Beverly

motion

to

extension

limine,

Court

Whitaker's
stay

of

time

(doc.
(doc.

Conclusion

DENIES

amended
51)

David

motion

and

52) .

Turner's,

to

GRANTS
All

Valerie

strike
their

motions,

(doc.
motion

except

Smith's,

40)

and

for

an

motions

in

are due within 14 days from the date of this order.

ORDER ENTERED at Augusta, Georgia this

&o^ day of July,

2017.

J. RA^D^L HALL, CHIEF JUDGE
unitedTstates DISTRICT COURT
SOUTHERN

DISTRICT

OF GEORGIA