Transamerica Premier Life Insurance Company v. Lane et al

Filing 24

MOTION by Plaintiff Transamerica Premier Life Insurance Company for judgment Order in Interpleader (Attachments: # 1 Exhibit 1)(Hunger, Robert)

UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF ILLINOIS – EASTERN DIVISION
TRANSAMERICA PREMIER LIFE
INSURANCE COMPANY
Plaintiff,
v.
KERRY LANE, NICHOLAS DISTAJO,
and O.D., by and through her
guardian ad litem KERRY LANE

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No. 1:16-cv-11477

TRANSAMERICA PREMIER LIFE INSURANCE COMPANY’S
MOTION FOR FINAL JUDGMENT ORDER IN INTERPLEADER
Plaintiff, Transamerica Premier Life Insurance Company (“Transamerica”), by its
attorneys, William A. Chittenden III and Robert S. Hunger of Chittenden, Murday & Novotny
LLC, states as follows for its Motion for Final Judgment Order in Interpleader:
1.

Transamerica filed its Complaint for Interpleader on or around December 20, 2016,

under Rule 22 of the Federal Rules of Civil Procedure to resolve competing claims to the proceeds
of a life insurance policy, No. 50W0015114 (the “Policy”), insuring the life of Richard Distajo.
(See Complaint for Interpleader, Docket No. 1).
2.

Defendants Kerry Lane, individually, Kerry Lane, as guardian ad litem for O.D.,

and Nicholas Distajo are adverse claimants to Policy proceeds. Each Defendant has been served
and has filed an answer. (See Docket Nos. 10, 12, 16, 22, 23).
3.

On January 6, 2017, this Court granted Transamerica leave to deposit $247,082.52,

its total admitted liability, into the Registry of the Court. (See Order of Deposit, Dkt. # 9).
4.

Transamerica deposited its total admitted liability into the Registry of the Court on

January 6, 2017. A true and correct copy of the receipt for said deposit is attached hereto as Exhibit
1.

5.

Transamerica filed its Complaint in good faith and has done all that is required by

law to perfect its interpleader action.
6.

Transamerica has properly served a copy of this Motion for Final Judgment Order

in Interpleader on the Defendants.
7.

Transamerica has incurred over $12,000 in attorney’s fees and costs in bringing this

action. Transamerica’s counsel has communicated with Nicholas Distajo’s counsel, who in turn
has communicated with Kerry Lane, and the parties have agreed that Transamerica shall receive
$7,000 in attorney’s fees and costs incurred in bringing this action.
8.

Transamerica submits its proposed Final Judgment Order in Interpleader to the

Court via email, in accordance with this Court’s case management procedures.

WHEREFORE, Plaintiff, Transamerica Premier Life Insurance Company, respectfully
requests this Court enter an Order:
A. Granting judgment in favor of Transamerica and against Defendants, Kerry Lane,
individually, Kerry Lane, as guardian ad litem for O.D., and Nicholas Distajo;
B. Releasing and discharging Transamerica, its successors, assigns, representatives,
agents, attorneys, and all of its affiliated companies, including officers, directors, and
employees from any and all liability under Policy No. 50W0015114, or arising on
account of the death of Richard Distajo, to any or all of the Defendants, Kerry Lane,
individually, Kerry Lane, as guardian ad litem for O.D., and Nicholas Distajo, or any
person or entity claiming through them;
C. Permanently and perpetually restraining and enjoining Defendants, Kerry Lane,
individually, Kerry Lane, as guardian ad litem for O.D., and Nicholas Distajo, or any
person or entity claiming through them, from commencing or prosecuting any
proceeding or claim against Transamerica in any state or federal court or other forum
with respect to the proceeds payable under Policy No. 50W0015114, or on account of
the death of Richard Distajo and that this injunction issue without bond or surety;
D. Excusing Transamerica from further attendance in this cause and dismissing
Transamerica with prejudice from this cause with an express finding that, pursuant to
Rule 54(b) of the Federal Rules of Civil Procedure, there is no just reason for delaying
either enforcement or appeal of this Order or both;
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E. Requiring Defendants to litigate their entitlement to the proceeds of the Policy among
themselves without further involving Transamerica; and
F. Awarding Transamerica $7,000 in attorney’s fees and costs incurred in bringing this
action; and
G. Granting Transamerica such other and further relief as this Court deems just and
appropriate.
Dated: June 21, 2017
Respectfully submitted,
Transamerica Premier Life Insurance Company

By:

William A. Chittenden, III
Robert S. Hunger
CHITTENDEN, MURDAY & NOVOTNY LLC
303 West Madison Street, Suite 1400
Chicago, Illinois 60606
312.281.3600 Telephone
312.281.3678 Facsimile
[e-mail]
[e-mail]

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/s/ Robert S. Hunger
One of Its Attorneys