Southeastern Carpenters and Millwrights Pension Trust v. Salinski et al

Filing 36

ORDER granting 35 Motion for Disbursement of Funds; granting 35 Motion to Dismiss. The attached Consent Final Judgment is ENTERED on the record of this case. Judgment is ENTERED in favor of the remaining parties and the clerk is DIRECTED to disburse the funds held in the Court's registry in connection with this action in accordance with the terms of the Consent Final Judgment. This case stands CLOSED. Signed by Chief Judge J. Randal Hall on 11/30/2017. (pts)

IN

THE

UNITED

FOR THE

STATES

DISTRICT

SOUTHERN DISTRICT

OF

COURT

GEORGIA

STATESBORO DIVISION

SOUTHEASTERN

CARPENTERS

AND

*

MILLWRIGHTS PENSION TRUST,

*
*

Plaintiff,
*

v,

CV

617-073

et al.,

GYPSY SALINSKI,
Defendants.

*

ORDER

This case involves a

benefits.

to

the

dispute over James Salinski's pension

His daughters and his ex-wife all claim entitlement

disputed

funds,

which

Plaintiff

held.

Plaintiff,

as

administrator of the pension benefits plan, therefore filed this

interpleader
which

at

the

$111,506.23 -

On

action
time

of

the

to

deposit

filing

of

the

this

disputed

action

funds

consisted

of

into the Court's registry.

November

inter alia,

seeking

16,

2017,

the

Court

entered

an

Order

that,

directed Plaintiff to tender payment in the amount

of $107,052.90 to the Clerk of this Court.1

(Doc. 31, at 9.)

The Court subsequently received notice from Plaintiff that the
total

disputed

pension

benefits

funds

have

grown

by

approximately $13,738.56 and that Plaintiff desired to deposit
1

This

amount

($111,506.23)

consisted

minus

the

of

fees

the

and

total

disputed

expenses

Plaintiff in the Order dated November 16, 2017.

award

pension

benefits

($4,453.33)

funds

granted

(See Doc. 31, at 9 n.6.)

to

these
On

additional

November

21,

Clerk.

(Doc.

dated

2017,

November

deposited

by

funds

33.)

into

Court's

Plaintiff

That

16,

the

deposited

same day,

2017

to

Plaintiff.

the

the

34.)

In

Court dismissed Plaintiff from this case.

On

November

Salinski,

the

Ashleigh

"Remaining

Funds

and

judgment
Court.

29,

2017,

Salinski,

Parties")

Dismiss,

the

filed

attaching

Mary

a

35,

35-1.)

same

Alderman

the

Order
amount

Order,

the

namely

Gypsy

(collectively,

Motion

a proposed

(the "Consent Final Judgment")
(Docs.

additional

parties,

Consent

thereto

with

amended its

that

32.)

(Id.)

remaining

and

(Doc.

$120,791.46

Court

reflect

(Doc.

registry.

to

Disburse

consent

final

to be entered by this

The Consent Motion is signed by each

and every one of the Remaining

Parties

and states

that the

parties have reached settlement on all matters pending in the

present
Judgment
Parties.

action.
is

(Doc.

signed

(Doc.

35.)

by each

Similarly,
and

every

one

the

Consent

of

the

Final

Remaining

35-1.)

Upon due consideration of the pleadings, filings, and other

matters

properly before the Court,

the Court

finds that the

entry of judgment on the terms set forth in the Consent Final
Judgment is appropriate under relevant law.
ORDERED that the Remaining Parties'
Funds

and Dismiss

(doc.

35)

IT IS THEREFORE

Consent Motion to Disburse

is GRANTED and that the attached

Consent Final Judgment is ENTERED on the record of this case.

The

Clerk

Remaining
Final

Parties

in

of

motions

in

to:

DISBURSE

connection with

the

Consent

ENTERED

lfi(HyyJk^

(i)

ENTER

accordance

(ii)

and deadlines

ORDER

^

DIRECTED

Judgment;

registry
terms

is

Final

with
the

this

the

action

this

Augusta,

favor

of

the

of

the

Consent

held

in

the

Court's

in

and

in

terms

funds

Judgment;

and CLOSE

at

JUDGMENT

accordance
(iii)

with

the

TERMINATE

all

case.

Georgia

this

^j/ft^May

2017.

J.

RA&paL HALL,

UNITED STATES

CHIEF JUDGE

DISTRICT

COURT

SOUTHERN DISTRICT OF GEORGIA

of

IN THE UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
STATESBORO DIVISION
SOUTHEASTERN CARPENTERS

AND MILLWRIGHTS PENSION

TRUST,

Plaintiff-in-lnterpleader
Case No.:

6:17-CV-00073-JRH-GRS

GYPSY SALINSKI, ASHLEIGH
SALINSKI, AND MARY
ALDERMAN

Defendants-in-Interpleader.

CONSENT ORDER DIRECTING DISBURSEMENT FUNDS AND GRANTING
DISMISSAL WITH PREJUDICE

This interpleader action concerns a dispute over the $111,506.23 in pension benefits of
James Salinski ("the Pension Benefits") through his pension with the Southeastern Carpenters

Pension Trust Plan ("the Plan"). (Doc. 1, par. 11). Mr. Salinski passed away on September 9,2016,

and a dispute arose - among the Defendants - as to whether the benefits should be distributed
pursuant to a Designation ofBeneficiary Form that Mr. Salinski executed shortly before his death

or pursuant to the terms ofthe Plan as ifno Designation ofBeneficiary Form had been executed.
(Doc. 1, par. 11-14, 18-20).

Plaintiff moved to deposit the Pension Funds, less attorney's fees, into the Registry of the

Court, and be dismissed from this action ("Plaintiffs Motion"). (Doc. 22). On November 16,2017,
this Court entered an order on Plaintiffs Motion ("Order"), directing Plaintiff to tender payment

in the amount of $107,052.90 to the Clerk of Court ("the Interplead Funds") on or before

November 22, 2017, and dismissing Plaintiff upon the deposit of said funds in the Registry of the
Court. (Doc. 31, p. 9-10).

On November 21, 2017, Plaintiff deposited $120,791.46 ("the Interplead Funds") with the

Clerk of Court, which represents the initial amount that the Court ordered Plaintiff to deposit, plus
an additional $13,738.56 in interest that has accrued since this action was filed. (Doc. 32; and Doc

33). This Court subsequently amended its Order to reflect the additional amount deposited. (Doc.

34). Pursuant to the Court's Order, as amended, Plaintiff was dismissed from this case November
21, 2017. (Doc. 31; and Doc. 34).

The Defendants have reached an agreed resolution as to the distribution of the Interplead

Funds, as set forth below, and seek an order from this Court approving the agreed resolution,

directing the Clerk of Court to disburse the Interplead Funds as specified herein, and dismissing
this case (including all cross-claims and counterclaims and other claims that have been or could
have been asserted in connection with the above-styled action) with prejudice.

It appearing that the Defendants have jointly moved this Court for an Order directing
disbursement of the funds being held intheRegistry ofthe Court as specified below anddismissing

of all remaining claims, it appearing that the Defendants have consented to this Order, and it
appearing that that good cause has been shown for such an order, IT IS HEREBY ORDERED
AND ADJUDGED that the above-styled action, and all claims to the Pension Benefits, as well as
all other claims, cross-claims, and counterclaims asserted by any party, are hereby DISMISSED
WITH PREJUDICE.

It is further ORDERED that the cross-claims that Defendants Ashleigh Salinski and Mary

Alderman asserted against Defendant Gypsy Salinski, and all other claims, cross-claims, and

counterclaims that any Defendant has or could have brought in this lawsuit, are hereby
DISMISSED WITH PREJUDICE.

It is further ORDERED that Defendants Ashleigh Salinski and Mary Alderman release

Defendant Gypsy Salinskifrom and waivetheir rightto pursueany and all claims,demands, causes

of action, suits, complaints, obligations, and liabilities of whatever kind or nature, whetherknown

or unknown, suspected or unsuspected, whether at law or in equity, which Ashleigh Salinski and

Mary Alderman, individually, jointly and/or in any representative capacity, ever had, now have,
or will ever have, or that their, assigns, executors, administrators, personal representatives, heirs,

attorneys, agents, brokers, or representatives, have or hereafter may have by reason of, or in any
way whatsoever related to the Pension Benefits.

It is further ORDERED that Defendant Gypsy Salinski releases Defendants Ashleigh

Salinski and Mary Alderman from and waives her right to pursue any and all claims, demands,
causes of action, suits, complaints, obligations, and liabilities ofwhatever kind or nature, whether
known orunknown, suspected orunsuspected, whether atlaw orinequity, which Defendant Gypsy
Salinski, individually, jointly and/or in any representative capacity, ever had, now has, orwill ever
have, or that her, assigns, executors, administrators, personal representatives, heirs, attorneys,

agents, brokers, or representatives, have or hereafter may have by reason of, or in any way
whatsoever or in any way whatsoever related to the Pension Benefits.
It is further ORDEREDthat the Clerk shall disbursethe Interplead Funds currently held in

the Registry ofthe Court as follows: $79,579.52 shall be paid to Gypsy Salinski; and $41,211.94
shall be paid to Ashleigh Salinski and Mary Alderman.

It is further ORDERED that, in the event that the amount available for distribution to the

Defendants is more than $120,791.46, the Clerk shall deduct a fee in the amount of 10% of the

income earned on the Interplead Funds (pursuant to Local Rule 67), and disburse the remaining
additional funds as follows: 1/3 shall be paid to Gypsy Salinski; and 2/3 shall be paid to Ashleigh
Salinski and Mary Alderman.

It is further ORDERED that, the disbursement to Ashleigh Salinski and Mary Alderman
shall be made payable to Brown Rountree, PC, as attorney for Ashleigh Salinski and Mary

Alderman, and the disbursement to Gypsy Salinski shall be made payable to Edenfield, Cox,
Bruce, Edenfield & Colson as attorney for Gypsy Salinski.
It is further ORDERED that the Defendants shall be responsible for and pay their own

attorney's fees as settlement of any and all remaining claims, cross claims and counter claims.

SO ORDERED, this cg^day of ^OftwAtl ,20/7
J. R^DAKHALL, CHZEF JUDGI
UNITBBTSfATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA

Prepared by:

Consented to by:

Edenfield, Cox, Bruce, Edenfield & Colson

Brown Rountree PC

Isi Marc M. Bruce

Isi George H. Rountree

Marc M. Bruce

George H. Rountree

Georgia Bar No. 090275

State Bar No. 616205

/s/ Joe E. "Matt" Mathews, Jr.
Joe E. "Matt" Mathews, Jr.

Isi Laura H. Wheaton

Georgia Bar No. 954895

Laura H. Wheaton
State Bar No. 751221

115 Savannah Avenue

26 North Main Street

Statesboro, Georgia 30459

Statesboro, GA 30458

Telephone: [phone]
Counselfor Defendant in Interpleader

[phone]

Gypsy Salinski

Counselfor Defendants in Interpleader
Ashleigh Salinski and MaryAlderman