Singer v. Massachusetts Mutual Life Insurance Co.

Filing 97

MOTION by Plaintiff Deborah L. Singer for judgment Plaintiff Deborah Singer Trustees Motion to Enter Judgment in Favor of Plaintiff Deborah Singer, Trustee and Against Massachusetts Mutual Life Insurance Co. and Against Rochelle Singer and for an Order Requiring Massachusetts Mutual Life Insurance Co. to Tender the Proceeds of Its IRA to Plaintiff Deborah Singer, Trustee, Instanter (Theobald, Edward)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
DEBORAH L. SINGER, TRUSTEE
UNDER TED SINGER DECLARATION
of TRUST DATED SEPTEMBER 1, 2011,
Plaintiff,
v.
MASSACHUSETTS MUTUAL LIFE
INSURANCE CO., a mutual life insurance
company d/b/a MASS MUTUAL
FINANCIAL GROUP INSURANCE
COMPANY,
Defendant -Counter-Plaintiff,

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No. 17 C 3746

The Honorable John J. Tharp, Jr.
Judge Presiding

PLAINTIFF DEBORAH SINGER, TRUSTEE’S MOTION TO ENTER JUDGMENT IN
FAVOR OF PLAINTIFF DEBORAH SINGER, TRUSTEE AND AGAINST
MASSACHUSETTS MUTUAL LIFE INSURANCE CO. AND AGAINST ROCHELLE
SINGER AND FOR AN ORDER REQUIRING MASSACHUSETTS MUTUAL LIFE
INSURANCE CO. TO TENDER THE PROCEEDS OF ITS IRA TO PLAINTIFF
DEBORAH SINGER, TRUSTEE, INSTANTER
Now comes Plaintiff Deborah Singer, Trustee of the Ted Singer Trust dated September 1,
2011, and moves this Honorable Court, pursuant to Fed.R.Civ.P. Rule 12(c) to enter judgment in
favor of Plaintiff Deborah Singer, Trustee and against MASSACHUSETTS MUTUAL LIFE
INSURANCE CO. and against ROCHELLE SINGER and for an order requiring Defendant
MASSACHUSETTS MUTUAL LIFE INSURANCE CO. (“MassMutual”) to tender the
proceeds of its IRA to Plaintiff Deborah Singer, Trustee, instanter, and states:
On August 15, 2018, this Court dismissed Rochelle Singer’s counterclaim against her
daughter Plaintiff Deborah Singer, Trustee and also dismissed Rochelle Singer’s third-party
complaint against daughter Hope Nolan. (R.84). See Singer v. MassMutual Life Insurance Co.,
17 C 3746, 2018 U.S. Dist. Lexis 137933 (J. Tharp, N.D. Ill., August 15, 2018). Therefore,
Rochelle Singer has no viable claim against MassMutual for the proceeds of its IRA, as Rochelle
Singer’s affirmative defenses in her answer to MassMutual’s interpleader are identical to the
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allegations contained in her dismissed counterclaim and third party complaint against her
daughters Deborah Singer and Hope Nolan. Accordingly, Rochelle Singer’s illegitimate claim to
the MassMutual IRA is issue precluded by the dismissal of her two complaints against her
daughters Deborah and Hope. See Messenger v. Anderson, 225 U.S. 436, 444 (1912); Williams
v. Commissioner, 1 F.3d 502, 503 (7th Cir. 1993)(law of the case requires Rochelle Singer’s
identical insufficient allegations to be issue precluded).
As such, the Court must order MassMutual to tender the entire IRA to Plaintiff, Deborah
Singer, Trustee, instanter. See Williams v. Commissioner, supra.
Wherefore, plaintiff Deborah Singer, Trustee, moves this Honorable Court to:

A.

Enter a judgment in favor of Plaintiff Deborah L. Singer, Trustee under the Ted

Singer Declaration of Trust, dated September 1, 2011 and against the Defendant,
MASSACHUSETTS MUTUAL LIFE INSURANCE CO., a mutual life insurance company d/b/a
MASS MUTUAL FINANCIAL GROUP and against Rochelle Singer, jointly and severally;

B.

Order MassMutual to tender the entire proceeds of its IRA to Plaintiff, Deborah

Singer, Trustee under the Ted Singer Declaration of Trust dated September 1, 2011, instanter;
C.

Award Plaintiff Deborah L. Singer, Trustee under the Ted Singer

Declaration of Trust, dated September 1, 2011 damages in excess of $1,600,000.00;
D.

Award Plaintiff Deborah Singer Trustee all attorney's fees and costs incurred

pursuant to 215 ILCS 5/155(1) due to Defendant MassMutual’s vexatious and unreasonable
conduct in denying Plaintiff Deborah Singer Trustee’s claim to be determined by the Court and
assessed against MassMutual;

E.

Award Plaintiff Deborah Singer, Trustee, punitive damages pursuant to 215 ILCS

5/155(1)(a)-(c) for Defendant MassMutual’s vexatious and unreasonable conduct in denying
Plaintiff’s claim and assessed against MassMutual;
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F. Enter additional orders in favor of Plaintiff which are equitable.
Respectfully submitted,
DEBORAH L. SINGER, Trustee, Plaintiff

Dated: October 16, 2018

By:

S/Edward R. Theobald
Edward R. Theobald, her attorney

Attorneys for Plaintiff Deborah Singer, Trustee
Edward R. Theobald
Law Offices of Edward R. Theobald
135 S. LaSalle Street, # 1920
Chicago, IL 60603
[phone]
[e-mail]

John P. Bransfield
Floyd Perkins
Bransfield and Bransfield Nixon Peabody LLP
135 S. LaSalle Street # 2310 70 West Madison Street
Chicago, IL 60603
Suite 3500
[phone]
Chicago, IL 60602
[e-mail]
[phone]
[e-mail]

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CERTIFICATE OF SERVICE
I hereby certify that on October 16, 2018, I electronically filed the foregoing with the
Clerk of the Court for the United States Court for the Northern District of Illinois by using
the CM/ECF system. I certify that all participants in the case are registered CM/ECF users and
that service will be accomplished by the CM/ECF system, except for John Curielli, Jerry Crotty,
and Chris Wojcicki who were served via email on 10/16/18.

S/ Edward R. Theobald
Edward R. Theobald
Law Offices of Edward R. Theobald
135 S. LaSalle Street
Suite 1920
Chicago, IL 60603
312-346-9246
[e-mail]

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