United of Omaha Life Insurance Company v. Seay et al

Filing 35

ORDER granting 34 Motion to Deposit Funds; granting 34 Motion to Dismiss. Plaintiff United shall pay into the registry of the Court the sum of $19,254.79. Upon payment, Plaintiff is discharged from further liability and is to be dismissed from this case. Defendant Jonathan Seay's counterclaims against United are dismissed with prejudice. The death benefit shall remain in the registry of the Court subject to further Order of the Court. Signed by Judge Dudley H. Bowen on 2/21/2019. (pts)

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U.S. DISTRICT COURT
AUGUSTA OIV.
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA

20I9FE8 2I PM3:0»*

DUBLIN DIVISION

SD.01l3TAf}F QA.
UNITED OF OMAHA LIFE

INSURANCE COMPANY,

Plaintiff,
CV 318-010

V.

JONATHAN SEAY, Individually and
As Administrator of the Estate

Of Lewis E. Seay, Jr., DAVID
A. SEAY, SARAH LOU SEAY, and
JAEL M. CONNOR,
Defendants.

ORDER

Having considered the joint motion of Plaintiff, UNITED OF
OMAHA LIFE INSURANCE COMPANY ("United") and Defendant JONATHAN

SEAY, individually and as administrator of the Estate of Lewis
E. Seay, Jr. ("Jonathan Seay"), for discharge of United from
further liability under Policy No. 581244-28 ("the policy") due
to the death of Lewis E. Seay, Jr., for dismissal of United as
a party to this action with prejudice, and for dismissal with
prejudice of Jonathan Seay's counterclaims, IT IS HEREBY ORDERED
that:

(a)

United shall pay into the registry of the Court

the sum of $19,254.79, representing interest under

the policy;

(b)

Upon said payment. United, having paid the death

benefit into the registry of this Court, is discharged from

any further liability under or related to the policy and
the death benefits thereunder;

(c)

Defendants

are

restrained

and

enjoined

from

instituting or prosecuting in any State or United States
Court against United any other proceeding pertaining to
the death benefit and to the policy;

(d)

United is dismissed as party to this action, with

prejudice;

(e)

Jonathan Seay's counterclaims against United are

dismissed with prejudice;
and

(f)

The death benefit shall remain in the registry of

this Court subject to further Order of the Court.

ORDER ENTERED at Augusta, Gedrgia, this

cMy of February,

2019.

UNITED STATES DISTRICT JUDGE