Southeastern Carpenters and Millwrights Pension Trust v. Salinski et al
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)
MILLWRIGHTS PENSION TRUST,
This case involves a
dispute over James Salinski's pension
His daughters and his ex-wife all claim entitlement
administrator of the pension benefits plan, therefore filed this
into the Court's registry.
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
approximately $13,738.56 and that Plaintiff desired to deposit
Plaintiff in the Order dated November 16, 2017.
(See Doc. 31, at 9 n.6.)
Court dismissed Plaintiff from this case.
(the "Consent Final Judgment")
to be entered by this
The Consent Motion is signed by each
and every one of the Remaining
parties have reached settlement on all matters pending in the
Upon due consideration of the pleadings, filings, and other
properly before 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'
IT IS THEREFORE
Consent Motion to Disburse
is GRANTED and that the attached
Consent Final Judgment is ENTERED on the record of this case.
SOUTHERN DISTRICT OF GEORGIA
IN THE UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
AND MILLWRIGHTS PENSION
GYPSY SALINSKI, ASHLEIGH
SALINSKI, AND MARY
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
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
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: (912) 764-8600
Counselfor Defendant in Interpleader
Counselfor Defendants in Interpleader
Ashleigh Salinski and MaryAlderman
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