Unum Life Insurance Company of America v. Smith, et al.

Filing 42

MEMORANDUM DECISION AND ORDER - Smiths Motion to Disqualify (Dkt. 23 ) is DENIED. Holleys Motion for Summary Judgment (Dkt. 24 ) is DENIED. Unums Motion for Interpleader Relief (Dkt. 25 ) is GRANTED. Smiths Motion to Stay (Dkt. 28 ) is GRANTED. Smiths Motion for Settlement Conference (Dkt. 29 ) is DENIED. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jd)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO
UNUM LIFE INSURANCE COMPANY
OF AMERICA,
Plaintiff,

Case No. 1:23-cv-00426-DCN
MEMORANDUM DECISION AND
ORDER

v.
STEVEN J. SMITH, an individual, and
KRISTI HOLLEY, in her capacity as
Personal Representative of the Estate of
Dawn Marie Steinmetz,
Defendants.
I. INTRODUCTION
Before the Court are five motions: a Motion to Disqualify filed by InterpleaderDefendant Steven J. Smith (Dkt. 23), a Motion for Summary Judgment filed by InterpleaderDefendant Kristi Holley (Dkt. 24), a Motion for Interpleader Deposit filed by InterpleaderPlaintiff Unum Life Insurance Company of America (“Unum”) (Dkt. 25), a Motion to Stay
filed by Smith (Dkt. 28), and a Motion for Mediation or Settlement Conference filed by
Smith (Dkt. 29).
Having reviewed the record and the briefs, the Court finds that the facts and legal
arguments are adequately presented and that the decisional process would not be
significantly aided by oral argument. Accordingly, the Court will rule on the Motions without
oral argument. Dist. Idaho Loc. Civ. R. 7.1(d)(1)(B). Upon review, and for the reasons set
forth below, the Court GRANTS Unum’s Motion (Dkt 25) and Smith’s Motion to Stay (Dkt.
MEMORANDUM DECISION AND ORDER - 1

28). The Court DENIES Smith’s Motion to Disqualify (Dkt. 23) and Motion for Settlement
Conference (Dkt. 29), and Holley’s Motion for Summary Judgment (Dkt. 24).
II. BACKGROUND
A. Factual Background
This action was initiated by Unum, pursuant to Federal Rule of Civil Procedure 22
and 28 U.S.C. §§ 1335, 1397, and 2361. Unum requests that the Court determine the proper
beneficiary of a life insurance policy.
During her life, Dawn Marie Steinmetz was an employee of Ensign Services, Inc.
(“Ensign”), and a participant in a life and accidental death and dismemberment plan
sponsored by Ensign and administered by Unum (the “Plan”). The Plan guarantees $25,000
in basic life coverage, $200,000 in supplemental life coverage, and $25,000 in basic
accidental death and dismemberment coverage (the “Plan Benefits”). Steinmetz died on
July 28, 2022, making the Plan Benefits payable to the proper beneficiary.
Holley—on behalf of the Estate of Steinmetz—and Smith have asserted competing
claims to the Plan Benefits. At the time of Steinmetz’s death, Smith was named as the
primary beneficiary of the Plan. However, Smith was arrested on July 28, 2022—the date
of Steinmetz’s death—and was charged with murder for allegedly fatally shooting
Steinmetz in the chest.
The Group Policies that funded the Plan Benefits identify Maine as the governing
jurisdiction under their choice-of-law provision. Dkt. 1-1, at 3, 66. Under Maine’s Probate
Code, one “who feloniously and intentionally kills the decedent forfeits all benefits under
this Article with respect to the decedent’s estate . . . .” Title 18-C § 2-802(2). That section
MEMORANDUM DECISION AND ORDER - 2

elaborates, “[i]n absence of a conviction, the court, upon the petition of an interested
person, shall determine whether, under the preponderance of evidence standard, the
individual would be found criminally accountable for the felonious and intentional killing
of the decedent.” Id. at § 2-802(7).1
B. Procedural Background
Unum initiated this suit and has made clear that it is “ready and willing to pay the
[Plan Benefits] to the party legally entitled to [them].” Dkt. 25-1, at 5. However, given the
“[c]onflicting issues of fact and law” present in this case, and in the interest of avoiding
exposure to multiple liabilities, it asks the Court to determine whether Smith or Holley has
the better claim. Id. On March 23, 2024, Smith filed his Motion to Disqualify on the basis
that he appeared before the undersigned in a prior criminal matter unrelated to this case.
Dkt. 23. On May 8, 2024, Holley filed a Motion for Summary Judgment. Dkt. 24. Shortly
thereafter, Unum moved the Court to accept deposit of the Plan Benefits and discharge
Unum. Dkt. 25. Later that month, Smith moved the Court to stay these proceedings until
he is “sentenced, plead[s] guilty, or tried.” Dkt. 28, at 2. He also filed a Motion for a
Settlement Conference, asking Holley to agree to split the Plan Benefits. Dkt. 29, at 2.

1

Where, as here, an action is brought under 28 U.S.C. § 1335, the federal district court should “apply the
substantive law that a court of the forum state would apply.” Equitable Life Assurance Soc’y of U.S. v.
McKay, 837 F.2d 904, 905 (9th Cir. 1988). Idaho has a statute similar to Maine’s, prohibiting a slayer from
benefiting from his or her misdeeds. I.C. § 15-2-803(j)(1). However, “Idaho generally enforces choice-oflaw provisions in contracts,” unless doing so would run contrary to a fundamental state policy. Stimpson v.
Midland Credit Management, Inc., 347 F. Supp. 3d 538, 546 (D. Idaho 2018), aff’d, 944 F.3d 1190 (9th
Cir. 2019). Neither party has raised, nor is the Court aware of any fundamental Idaho policy that would be
violated by the Court’s decision to honor the choice-of-law provision here. Accordingly, the Court finds
the Maine statute, and not the Idaho statute, to be controlling.

MEMORANDUM DECISION AND ORDER - 3

III. ANALYSIS
The Court will take up each motion separately, beginning with the first filed and
moving to the most-recently filed.
A. Smith’s Motion to Disqualify (Dkt. 23)
As noted above, Smith argues that because he previously appeared before the
undersigned in a criminal matter, the undersigned’s presiding over this case “is a conflict
of interest.” Dkt. 23, at 2. That criminal matter is 1:17-cr-342-CWD. Originally, it was a
felony case assigned to the undersigned. However, this Court made no substantive or
dispositive decisions, only issuing orders appointing new attorneys when necessary. The
Government ultimately filed a Superseding Information that reduced the felony charge to
a misdemeanor. The sentencing and disposition were handled by a magistrate judge.
1. Legal Standard
Under 28 U.S.C. § 144, a judge must recuse himself or herself from a case
“[w]henever a party to any proceeding . . . makes and files a timely and sufficient affidavit
that the judge before whom the matter is pending has a personal bias or prejudice either
against him or in favor of any adverse party.” Other instances where recusal is appropriate
are outlined in 28 U.S.C. § 455.2
2. Discussion
The fact that the undersigned may, for a few months, have presided over a criminal
matter in which Smith was involved does not show personal bias or prejudice on the part

2

These instances include circumstances “in which [the judge’s] impartiality might reasonably be
questioned,” and those where the judge “has a personal bias or prejudice concerning a party.” Id.

MEMORANDUM DECISION AND ORDER - 4

of the undersigned, nor is it a reasonable basis from which one could question the
undersigned’s impartiality. In a legal community the size of Idaho, it is not uncommon for
parties to appear multiple times before the same judge. If a party’s appearance before a
certain judge were enough to disqualify that judge from any future cases involving that
party, parties would quickly find themselves unable to appear before any Idaho judge.
In any event, Smith has not sufficiently shown that §§ 144 or 455—or any case
interpreting those sections—apply in these circumstances. Accordingly, his Motion to
Disqualify is DENIED.
B. Holley’s Motion for Summary Judgment (Dkt. 24)
The Court turns next to Holley’s Motion for Summary Judgment. Dkt. 24. Therein,
she claims that undisputed evidence establishes that Smith willfully killed Steinmetz and is
therefore precluded from receiving the Plan Benefits. See generally Dkt. 24-1.
1. Legal Standard
Summary judgment is proper “if the movant shows that there is no genuine dispute
as to any material fact and the movant is entitled to judgment as a matter of law.” Fed. R.
Civ. P. 56(a). The Court’s role at summary judgment is not “to weigh the evidence and
determine the truth of the matter but to determine whether there is a genuine issue for trial.”
Zetwick v. Cnty. of Yolo, 850 F.3d 436, 441 (9th Cir. 2017) (cleaned up). In considering a
motion for summary judgment, the Court must “view[] the facts in the non-moving party’s
favor.” Id. To defeat a motion for summary judgment, the respondent need only present
evidence upon which “a reasonable juror drawing all inferences in favor of the respondent
could return a verdict in [his or her] favor.” Id. (cleaned up). On the other hand, to succeed
MEMORANDUM DECISION AND ORDER - 5

on a motion for summary judgment, the moving party must either (1) “produce evidence
negating an essential element of the nonmoving party’s claim or defense,” or (2) “show
that the nonmoving party does not have enough evidence of an essential element to carry
its ultimate burden at trial.” Nissan Fire & Marine Ins. Co., Ltd. v. Fritz Companies, Inc.,
210 F.3d 1099, 1102 (9th Cir. 2000).
A respondent cannot avoid summary judgment by relying alone on an unsworn
affidavit or the pleadings. Instead, he or she must set forth “specific facts,” supported by
evidence, with “reasonable particularity” that preclude summary judgment. Far Out Prods.,
Inc. v. Oskar, 247 F.3d 986, 997 (9th Cir. 2001).
2. Discussion
Holley’s Motion for Summary Judgment is based on the findings of the state
magistrate judge who issued the order binding Smith over to state district court. Dkt. 24-6.
At that preliminary hearing, the magistrate judge determined there was “probable or
sufficient cause to believe the Defendant guilty” of intentionally killing Steinmetz, and that
the government’s case against Smith should go forward. Id. This finding was based, in part,
on testimony that Smith’s hand tested positive for gunshot residue the night of Steinmetz’s
death, that the gun Smith used had safety mechanisms to prevent accidental discharge, and
that the fatal shot was determined to have been a contact shot—meaning the gun was in
contact with Steinmetz’s clothing when it was fired. Dkt. 24-7. Holley asserts that, from this
evidence, it cannot be disputed that Smith willfully and unlawfully killed Steinmetz.
Smith readily admits that he shot Steinmetz. See Dkt. 27-2, at 4. However, he
maintains that the shooting was accidental. See, e.g., id. He claims that he and Steinmetz
MEMORANDUM DECISION AND ORDER - 6

shared a bed and slept with handguns under their pillows. Dkt. 29-2, at 6. Shortly after the
two woke up on the morning of July 28, 2022, Smith claims that Steinmetz was helping
him put eyedrops into his eyes. Id. at 5–6. When Steinmetz recommended Smith kneel on
the bed, he accidentally knelt on his gun. Id. at 6. Finding this uncomfortable, Smith
grabbed the gun. Immediately thereafter, he claims Steinmetz “put in some drops” that
stung him and caused him to jerk his arms forward and fire the gun, killing Steinmetz. Id.
In support of his story, Smith introduces a Firearm Case Analysis conducted by Long
Consulting Group. Dkt. 27-1. Therein, William Long, a former FBI Agent of twenty-five
years with significant experience in criminal investigations and knowledge of firearms,
concludes it is possible that Smith’s shooting of Steinmetz was accidental, as Smith claims.
Dkt. 27-1, at 10–12.3
The Court finds that Smith has provided sufficient evidence to avoid summary
judgment. Under 18-C § 2-802, only those who intentionally kill a decedent forfeit life
insurance benefits. Smith has set forth specific facts, supported by reasonably particular
evidence—the Firearm Case Analysis—that his shooting of Steinmetz was not intentional.
See Far Out Prods., 247 F.3d at 997. The Court may not weigh Smith’s evidence on
summary judgment. See Zetwick, 850 F.3d at 441. From the Firearm Case Analysis, a
reasonable juror drawing all inferences in Smith’s favor could conclude that the shooting
was accidental and that Smith, therefore, is not barred from receiving the Plan Benefits under
18-C § 2-802.

3

Long makes clear, however, that for the shooting to be accidental, Smith must have been acting in a
“grossly unsafe and reckless” manner. Id. at 11.

MEMORANDUM DECISION AND ORDER - 7

Further, the Court notes that the preliminary determination of the state magistrate
judge, while informative, is not dispositive here. It is not clear that court had access to the
Firearm Case Analysis, and even if it did, its findings do not bind this Court.
3. Conclusion
Because there are material facts here that are still in dispute—namely, whether
Smith’s shooting of Steinmetz was intentional or accidental—summary judgment is
inappropriate. Therefore, Holley’s Motion for Summary Judgment (Dkt. 24) is DENIED.
C. Unum’s Motion for Interpleader Relief (Dkt. 25)
The Court turns next to Unum’s Motion for Interpleader Relief. Dkt. 25. Therein,
Unum asks the Court to accept the Plan Benefits as a deposit, minus attorney’s fees. Id. at
2. It also asks the Court to enjoin Smith and Holley from initiating any separate action
against Unum and to require them to interplead their claims to the Plan Benefits here. Id.
at 3. Finally, it asks the Court to declare that Unum has no further liability beyond the Plan
Benefits and to discharge and dismiss Unum from these proceedings. Id.
1. Legal Standard
The purpose of an interpleader action is to allow a party to avoid “the risk of loss
ensuing from the demands in separate suits of rival claimants to the same debt or legal
duty.” Texas v. Florida, 306 U.S. 398, 405 (1939). A stakeholder does not have to wait for
the adverse parties to assert their claims before initiating an interpleader action; rather, it
can initiate such an action once it is aware that the parties may claim entitlement to the
subject property. 28 U.S.C. § 1335(a)(1).
An interpleader action generally has two stages. See Mack v. Kuckenmeister, 619
MEMORANDUM DECISION AND ORDER - 8

F.3d 1010, 1023 (9th Cir. 2010). First, “the district court decides whether the requirements
for rule or statutory interpleader action have been met by determining if there is a single
fund at issue and whether there are adverse claimants to that fund.” Id. (cleaned up). If the
district court finds that such a circumstance exists, it then proceeds to determine “the
respective rights of the claimants.” Id. at 1024. Often, at this point, “the stake . . . is
deposited with the court and the stakeholder is . . . dismissed.” Barnett v. Minnesota Life
Ins. Co., 2022 WL 742717, at *2 (D. Idaho Mar. 11, 2022); see also Furia v. McGrew,
2020 WL 4208274, at *2 (E.D. Cal. July 22, 2020) (“Once the interpleader action has been
properly brought and the funds have been deposited, the court should readily discharge a
stakeholder absent bad faith or delay by the stakeholder.”) (cleaned up); Wright & Miller,
Federal Practice and Procedure: Civil 3d § 1704 (3d ed. 2001). The district court may also
“enter its order restraining [the interpleader defendants] from instituting or prosecution any
proceeding” against the plaintiff related to the subject property. 28 U.S.C. § 2361.
A stakeholder asking for an interpleader must have a good faith belief that there are
or may be colorable competing claims to the funds at stake. Michelman v. Lincoln Nat’l
Life Ins. Co., 685 F.3d 887, 894 (9th Cir. 2012). This good faith standard is “not an onerous
requirement” and “is necessarily low . . . .” Id. Good faith requires only “a real and

reasonable fear of exposure to double liability or the vexation of conflicting claims”
and “does not mean that the interpleading party must show that the purported adverse
claimant might eventually prevail.” Id.

MEMORANDUM DECISION AND ORDER - 9

2. Discussion
Here, there is no dispute that Unum possess a single fund—the Plan Benefits—and
that there are two adverse claimants to that fund—Smith and Holley. Both claimants have
asserted a right to the Plan Benefits. See, e.g., Dkts. 7, 11. Accordingly, the requirements
for statutory interpleader have been met. Unum has also expressed its willingness and
desire to deposit the Plan Benefits into the Court’s custody, to be distributed upon the
Court’s determination of the rightful beneficiary. Dkt. 25-1, at 8. There is no evidence of
any bad faith or delay on the part of Unum. Therefore, upon its payment of the Plan
Benefits to the court registry, the Court will discharge Unum from any further liability
related to the Plan Benefits and dismiss Unum from this case with prejudice. Also, upon
payment, Smith and Holley will be enjoined from bringing any action against Unum in any
state or federal court for recovery of the Plan Benefits or any portion thereof. Instead, they
will be required to interplead their claims before the Court. If any person not yet joined as
a party to this action makes a claim to the Plan Benefits, they will also be subjected to this
Order.
3. Attorney’s Fees
The Ninth Circuit generally recognizes the right of an interpleader plaintiff to seek
recovery of attorney’s fees and costs. Trs. of Dirs. Guild of Am.-Producer Pension Benefits
Plans v. Tise, 234 F.3d 415, 426–27 (9th Cir. 2000). Such an award is appropriate here.
However, it is not entirely clear what standard courts should use in calculating the amount
of fees granted. Some district courts within the Ninth Circuit have applied the traditional
lodestar test, Allianz Life Ins. v. Agorio, 852 F. Supp. 2d 1163, 1168 (N.D. Cal. Feb. 10,
MEMORANDUM DECISION AND ORDER - 10

2012), while others have taken the position that in interpleader actions, a “less rigorous”
approach should be used. See Life Assur. Co. of Canada v. Chan’s Estate, 2003 WL
22227881, at *3 (N.D. Cal. Sept. 22, 2003).
While it has not resolved this question directly, the Ninth Circuit has advised that
“awards [in interpleader actions] are properly limited to those fees that are incurred in filing
the action and pursuing the plan’s release from liability, not in litigating the merits of the
adverse claimants’ positions.” Tise, 234 F.3d at 426. (emphasis in original). Thus,
attorney’s fee awards are “typically modest.” Id. at 427.
Here, the Court finds no compelling reason to break from its traditional employment
of the loadstar test. But before it can do so, the party requesting fees “must produce
satisfactory evidence establishing the reasonableness of the requested fee. This evidence
must include proof of market rates in the relevant community (often in the form of affidavits
from practitioners), and detailed documentation of the hours worked.” Seachris v. BradyHamilton Stevedore Co., 994 F.3d 1066, 1077 (9th Cir. 2021) (cleaned up). Such evidence
is particularly important for the Court to ensure that the award granted is properly limited,
pursuant to Tise.
With its Motion, Unum submitted an affidavit from counsel for this case, outlining
in very general terms the work they have done, the attorneys who did it, and the rates those
attorneys have charged. Dkt. 26. While this submission gives the Court a basic idea of the
basis for Unum’s fee request, it does not include the specificity necessary for the Court to
perform a loadstar analysis nor to ensure that the requested award of fees is properly
limited. To remedy this situation, the Court grants Unum fourteen (14) days from issuance
MEMORANDUM DECISION AND ORDER - 11

of this order to file a copy of its detailed, itemized, and contemporaneous billing records
and costs.4
4. Conclusion
The requirements for statutory interpleader have been satisfied here, and there is no
evidence that Unum has, at any point, acted in bad faith or unnecessarily delayed these
proceedings. Accordingly, the Court will dismiss Unum and discharge it from further
liability related to the Plan Benefits upon its payment of the Plan Benefits into the Court
registry. However, before Unum can make such a payment, it must submit the aboverequested billing records so that the Court can determine how much of the Plan Benefits
Unum may retain as an award of attorney’s fees and costs.
D. Smith’s Motion to Stay (Dkt. 28)
The Court now addresses Smith’s Motion to Stay. Therein, Smith asks the Court to
put this case on hold pending the resolution of his criminal proceedings in state court. Dkt.
28, at 2. Holley did not respond, and Unum responded only to briefly argue that, if the
Court is inclined to grant the stay, it should nevertheless dismiss Unum since its role in this
proceeding has been fulfilled. Dkt. 30.
1. Legal Standard
The Court “has broad discretion to stay proceedings as an incident to its power to
control its own docket.” Clinton v. Jones, 520 U.S. 681, 706–707 (1997) (citing Landis v. N.

4

No motion should accompany Unum’s submissions. The Court has already determined an award is
appropriate; the only remaining question is the amount of that award. Thus, this supplemental information
should include a simple explanation of the requested fees, rates, and costs; itemized copies of all requested
fees and costs; and any affidavits for the relevant market rate.

MEMORANDUM DECISION AND ORDER - 12

Am. Co., 299 U.S. 248, 254 (1936)). “A trial court may, with propriety, find it is efficient for
its own docket and the fairest course for the parties to enter a stay of an action before it,
pending resolution of independent proceedings which bear upon the case.” Leyva v. Certified
Grocers of Cal., Ltd., 593 F.2d 857, 863 (9th Cir. 1979). Determining whether to grant a
motion to stay “calls for the exercise of judgment, which must weigh competing interests
and maintain an even balance.” Landis, 299 U.S. at 254–55.
When deciding whether to stay civil proceedings in the face of a parallel criminal
proceeding, the Ninth Circuit has instructed courts to consider the extent to which the
defendant’s Fifth Amendment rights are implicated, the plaintiff’s interest in resolving the
civil litigation expeditiously, the burden the civil litigation may impose on the defendant,
judicial economy, the interests of persons not parties to the civil litigation, and the public’s
interest in the pending civil and criminal litigations. Keating v. Office of Thrift Supervision,
45 F.3d 322, 324–35 (9th Cir. 1995).
2. Discussion
The Court considers each of the factors outlined in Keating below.
a. Smith’s Fifth Amendment Rights
At the moment, it is not clear that proceeding with this litigation would impact
Smith’s Fifth Amendment rights. Smith has indicated some willingness to enter a plea
agreement. Dkt. 28, at 2. If he does so, the Court would be less concerned about the Fifth
Amendment implications of moving forward with this litigation. But for the moment,
without a plea agreement in place, this factor weighs in favor granting a stay.

MEMORANDUM DECISION AND ORDER - 13

b. Plaintiff’s Interest in Expeditious Resolution
All parties have (or should have) at least some interest in the expeditious resolution
of legal proceedings in which they are involved. However, where a party’s particular
circumstances strengthen that interest beyond what is typical, the Court would expect that
party to so inform the Court. Here, Holley had an opportunity to advocate for an expedited
resolution of this case (by responding to Smith’s Motion for Stay) but did not do so.
Accordingly, while the Court finds this factor to weigh against the imposition of a stay, it
does so only minimally.
c. Burden on the Defendant
Smith is currently navigating simultaneous civil and criminal lawsuits. In the civil
litigation before this Court, he is proceeding pro se. This is undoubtedly a significant
burden, made all the more so given that he is apparently currently incarcerated. Smith has
expressed his frustration at this burden in his filings, stating he feels he is being given
insufficient time to adequately defend himself. Dkt. 15, at 3; see also Dkt. 28. Accordingly,
the Court finds this factor to weigh strongly in favor of a stay.
d. Judicial Economy
It is not clear that staying this case until Smith’s criminal proceedings are resolved
will result in any less work for this Court or the criminal court. It will simply allow the
Court to resolve this controversy with better information (as discussed in greater detail
below). Accordingly, this factor weighs against granting a stay.
e. Interests of Outside Individuals and the Public
Here, neither party has identified any outside interests that weigh for or against a
MEMORANDUM DECISION AND ORDER - 14

stay. Third parties and the public have a general interest in the speedy resolution of
controversies. See, e.g., Keating, 45 F.3d at 326. However, they also have an interest in
controversies being resolved fairly. See, e.g., Cho v. City of San Jose, 636 F. Supp. 3d
1034, 1040 (N.D. Cal. Oct. 20, 2022). Therefore, where, as here, the issuance of a stay will
allow the Court to decide a case more fairly, then these interests balance out. Accordingly,
the Court considers this factor to be neutral.
f. Other Considerations
A major justification the Court sees for imposing a stay on this case until Smith’s
criminal proceedings have ended is that doing so would absolve the Court of the necessity
of wading into the murky waters outlined by 18-C § 2-802(7). As noted above, where a
defendant has yet to be convicted, § 2-802(7) requires a court to determine whether the
individual is likely to be convicted under a preponderance standard. This may be
appropriate, even necessary, in situations where no criminal conviction is imminent. But
here, all indications suggest that Smith’s criminal proceedings are rapidly moving toward
a conclusion. Dkt. 28. Once they have concluded, the Court will be able to issue a ruling
in this case based on the actual findings of the state court instead of a rough guess as to
what the state court is likely to decide. The Court deems this to be a much more fair and
desirable outcome. Accordingly, this consideration weighs strongly in favor of a stay.
3. Conclusion
Considering the collective weight of the foregoing factors and giving particular
weight to the clarity that will be provided by a resolution of Smith’s criminal proceedings,
the Court finds that a stay of these proceedings until such a resolution is reached would be
MEMORANDUM DECISION AND ORDER - 15

appropriate. Accordingly, the Court GRANTS Smith’s Motion to Stay.5
E. Smith’s Motion for Settlement Conference (Dkt. 29)
Finally, the Court turns to Smith’s Motion for Settlement Conference. Dkt. 29.
Typically, parties conduct settlement negotiations of their own accord, without Court
involvement. The District of Idaho has alternative-dispute-resolution resources at its
disposal, and it can employ those resources to help the parties if requested. However, given
that the Court is staying this action, resorting to those measures would be premature at this
point, as would ordering Holley to participate in a settlement conference. Accordingly, the
Court DENIES Smith’s Motion for Settlement Conference. However, the Court’s denial
should not be understood to foreclose future settlement discussions between Smith and
Holley, as the parties deem appropriate.
IV. CONCLUSION
In summary, Smith’s Motion to Disqualify (Dkt. 23) is DENIED because he has not
shown circumstances justifying recusal. Holley’s Motion for Summary Judgment (Dkt. 24)
is DENIED because whether Smith intentionally killed Steinmetz is a disputed material
fact. Unum’s Motion for Interpleader Relief (Dkt. 25) is GRANTED as outlined herein.
Smith’s Motion to Stay (Dkt. 28) is GRANTED because the resolution of Smith’s criminal
proceedings will greatly aid the Court in resolving the controversy in this case. Finally,
Smith’s Motion for Settlement Conference (Dkt. 29) is DENIED because the Court is

5

This stay will not apply to Unum. Notwithstanding the stay, Unum should submit the documentation
requested by the Court. Upon the Court’s resolution of its request for attorney’s fees, Unum must then
deposit the Plan Benefits with the Court and will be dismissed and discharged of liability as outlined above.

MEMORANDUM DECISION AND ORDER - 16

staying this action and because a court-ordered settlement conference is not necessary for
the parties to confer.
V. ORDER
1. Smith’s Motion to Disqualify (Dkt. 23) is DENIED.
2. Holley’s Motion for Summary Judgment (Dkt. 24) is DENIED.
3. Unum’s Motion for Interpleader Relief (Dkt. 25) is GRANTED.
a. Within fourteen (14) days of issuance of this Order, Unum shall submit to
the Court a copy of its detailed, itemized, and contemporaneous billing
records and costs. Upon review, the Court will determine a proper award of
attorney’s fees. Then, Unum will submit to the Court the Plan Benefits,
minus the Court’s award.
4. Smith’s Motion to Stay (Dkt. 28) is GRANTED.
a. This case will remain stayed until Smith’s criminal proceeding is resolved.
Every ninety (90) days until the resolution of Smith’s criminal proceedings,
the parties shall file a status update with the Court, apprising the Court of any
developments in those proceedings.
5. Smith’s Motion for Settlement Conference (Dkt. 29) is DENIED.

DATED: August 29, 2024
_________________________
David C. Nye
Chief U.S. District Court Judge

MEMORANDUM DECISION AND ORDER - 17