Colonial Life & Accident Insurance Company v. Robbins et al

Filing 26

ORDER granting 25 Motion to discharge Colonial Life from further liability ; granting 25 Motion for Permanent Injunction; granting 25 Motion to Dismiss and granting the interpleader fund. Colonial Life is discharged from further liability und er Policy No. 8 1757-756 20 ("the Policy"), and for payment of $29,928.73, which is the sum of the benefits under the Policy plus applicable interest (the 'Policy proceeds"), payable by reason of thedeath of Susan E. Robbins (the "Insured"); Defendants arc permanently restrained and enjoined from instituting or prosecuting any action or other proceeding against Colonial Life in any state or United States court pertaining to the Policy proceeds pursuant to 28 U. S.C. § 2361: The Clerk of Court is authorized and directed to draw checks on the funds on deposit in the registry of this Court as follows: A check in the amount of $6,900, principal only, and not to include the payment of any interest, as a negotiated award of attorney's fees and costs incurred in connection with this action, payable to "Colonial Life & Accident Insurance Company,"to be mailed to one of its attorneys, Jennifer N. Rathman, Smith Moore Leatherwood LLP, 11 80 West Peachtree Street, Suite 2300, Atlanta, Georgia 30309; and a check in the amount of the balance of the interpicader fund, $23,028.73, plus any interest that may have accrued while on deposit in the Court registry, payable to 'Aron G. Weiner, as Administrator of the Estate of Susan E. Robbins," and mailed to Aron G. Weiner. Esq., Weiner., Shearouse, Weitz, Greenberg & Shawe. LLP, Wright Square, 14 East State Street, Savannah, Georgia 31401. Upon disbursement of the interpleader funds in accordance with this order, the above-styled civil action is dismissed with prejudice. The Clerk of Court shall prepare an appropriate judgment. Signed by Chief Judge Lisa G. Wood on 10/15/15. (wwp)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION
COLONIAL LIFE & ACCIDENT
INSURANCE COMPANY

CT 15
CLC

Plaintiff

CIVIL ACTION FILE NO.
4:14-CV00254-LGW-GRS

V.

ROBERT L. ROBBINS; BROOKE
ROBBINS; ARON G. WEINER, as
Administrator of the Estate of Susan E.
Robbins: DAMIAN BEDNARCZYK;
and TARA BEDNARCZYK
Defendants

CONSENT ORDER
Having considered the motion of plaintiff COLONIAL LIFE & ACCIDENT
INSURANCE COMPANY ("Colonial Life") and defendant ARON G. WEINER. as
Administrator of the Estate of Susan E. Robbins, the only parties of record ("the parties")
to discharge Colonial Life from further liability under a policy of life insurance, for a
permanent injunction, to disburse the interpleader fund, and to dismiss this action with
prejudice, and the parties having consented thereto, this Court hereby GRANTS such
motion. IT IS THEREFORE ORDERED as follows:
(1)

Colonial Life is discharged from further liability under Policy No. 8 1757-

756 20 ("the Policy"), and for payment of $29,928.73, which is the sum of the benefits
under the Policy plus applicable interest (the 'Policy proceeds"), payable by reason of the
death of Susan E. Robbins (the "Insured");

(2)

Defendants arc permanently restrained and enjoined from instituting or

prosecuting any action or other proceeding against Colonial Life in any state or United
States court pertaining to the Policy proceeds pursuant to 28 U.S.C. § 2361:
(3)

The Clerk of Court is authorized and directed to draw checks on the

funds on deposit in the registry of this Court as follows:
(i) A check in the amount of $6,900, principal only, and not to include the
payment of any interest, as a negotiated award of attorney's fees and costs incurred in
connection with this action, payable to"Colonial Life & Accident Insurance Company,"
to be mailed to one of its attorneys, Jennifer N. Rathman, Smith Moore Leatherwood
LLP, 1180 West Peachtree Street, Suite 2300, Atlanta, Georgia 30309; and
(ii) A check in the amount of the balance of the interpicader fund,
$23,028.73, plus any interest that may have accrued while on deposit in the Court
registry, payable to 'Aron G. Weiner, as Administrator of the Estate of Susan E.
Robbins," and mailed to Aron G. Weiner. Esq., Weiner. Shearouse, Weitz, Greenberg
& Shawe. LLP, Wright Square, 14 East State Street, Savannah, Georgia 31401.
(d) Upon disbursement of the interpleader funds in accordance with this order, the
\

/PA

above-styled civil action is dismissed with prejudice.
a,/vflv]-

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This /,_ day of

JvtAj,

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2015

THE HON..LSA)cODBIkY WOOD
UNITED..STATES DISTR1JfJX

Order presented by:
s/H. Sanders Carter, Jr.
H. Sanders Carter. Jr.
Georgia Bar No. 114100
s/ Jennifer No/and Rathman
Jennifer Noland Rathman
Georgia Bar No. 411044
Attorneys for Plaintiff
Colonial Life & Accident Insurance Company
SMITH MOORE LEATHERWOOD LLP
2300 Regions Plaza
1180 West Peachtree Street
Atlanta, Georgia 30309
(4 04) 962-1000 - Telephone
[phone] - Facsimile
sanders. carter(i)s,n ithinoore/aw. corn
Jennifer. rathtnanfii vnithmoorelaw. corn
ATLANTA 1456150

/s/ Aron G. Weiner
Mon G. Weiner. Esq.
Georgia Bar No. 746100
Weiner, Shearouse, Weitz, Greenberg
& Shawe, LLP
Wright Square
14 East State Street
Savannah, Georgia 31401
Telephone - [phone]
Facsimile - [phone]