Banner Life Insurance Company v. Shelton et al

Filing 30

MOTION by Plaintiff Banner Life Insurance Company for judgment Order in Interpleader (Attachments: # 1 Exhibit Receipt for Deposit)(Janes, Sara)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
BANNER LIFE INSURANCE
COMPANY,

)
)
)
Plaintiff,
)
)
v.
)
)
DEREK M. SHELTON, and Guardian Ad
)
Litem for Minor Children SMW, CMS, and )
CS,
)
)
Defendants.
)

Case No. 17-cv-7097
Honorable Sara L. Ellis
Magistrate Judge Young B. Kim

BANNER LIFE INSURANCE COMPANY’S
MOTION FOR FINAL JUDGMENT ORDER IN INTERPLEADER
Banner Life Insurance Company (“Banner”), by its attorneys, Donald A. Murday and
Sara G. Janes, of Chittenden, Murday & Novotny, LLC, states as follows for its Motion for Final
Judgment Order in Interpleader:
1.

On October 2, 2017, Banner filed its Complaint for Interpleader pursuant to Fed.

R. Civ. P. 22 and 28 U.S.C. § 1332(a) to resolve competing claims to the proceeds of a life
insurance policy, No. 18075714 (the “Policy”), insuring the life of Ramona Shelton. (See
Complaint for Interpleader, Docket No. 1)
2.

Banner deposited its admitted liability in the amount of $1,004,849.77 that is in

dispute into the Registry of this Court, subject to this Court’s further orders as to whom among
the Defendants is entitled to receive those proceeds. (See Docket No. 11). A true and correct
copy of the receipt for said deposit is attached hereto as Exhibit A.
3.

Defendants Derek M. Shelton (“Mr. Shelton”), individually, and Jean Conde as

guardian ad litem for minor defendants SWM, CMS, and CS (“Ms. Conde”), are adverse

claimants to Policy proceeds. Each Defendant has waived service and has filed an Answer. (See
Docket Nos. 17, 27). Mr. Shelton’s Counterclaim against Banner was voluntarily dismissed
without prejudice on February 13, 2018. (See Docket No. 25).
4.

Banner filed its Complaint for Interpleader in good faith and has done all that is

required by law to perfect its interpleader action.
5.

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

Interpleader on the Defendants.
6.

Banner has incurred over $10,189 in attorney fees and costs in bringing this action

($9,755 in attorney fees and $434 in costs).
7.

Banner submits its proposed Final Judgment Order in Interpleader to the Court via

email, in accordance with this Court’s case management procedures.
WHEREFORE, Plaintiff, Banner Life Insurance Company, respectfully requests that this
Court enter an order:
A. Granting judgment in favor of Banner and against Defendants, Derek M. Shelton,
individually, and Jean Conde as guardian ad litem for minor defendants SWM, CMS,
and CS;
B. Releasing and discharging Banner, 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. 18075714, or arising on
account of the death of Ramona Shelton, or any or all of the Defendants, Derek M.
Shelton, individually, and Jean Conde as guardian ad litem for minor defendants
SWM, CMS, and CS, or any person or entity claiming through them;
C. Permanently and perpetually restraining and enjoining Defendants, Derek M. Shelton,
individually, and Jean Conde as guardian ad litem for minor defendants SWM, CMS,
and CS, or any person or entity claiming through them, from commencing or
prosecuting any proceeding or claim against Banner in any state or federal court or
other forum with respect to the proceeds payable under Policy No. 18075714, or on
account of the death of Ramona Shelton and that this injunction issue without bond or
surety;

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D. Excusing Banner from further attendance in this cause and dismissing Banner 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;
E. Requiring Defendants to litigate their entitlement to the proceeds of the Policy among
themselves without further involving Banner; and
F. Awarding Banner $10,189.00 in attorney fees and costs incurred in bringing this
action; and
G. Granting Banner such other and further relief as this Court deems just and
appropriate.
Dated: April 10, 2018.
Respectfully submitted,
CHITTENDEN, MURDAY & NOVOTNY, LLC.

By: /s/ Sara G. Janes
One of the Attorneys for Plaintiff
Banner Life Insurance Company
Donald A. Murday ([e-mail])
Sara G. Janes ([e-mail])
CHITTENDEN, MURDAY & NOVOTNY LLC
303 W. Madison Street, Suite 1400
Chicago, IL 60606
[phone]
[phone] (fax)

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CERTIFICATE OF SERVICE
I hereby certify that on April 10, 2018, I electronically filed the foregoing Banner Life
Insurance Company’s Motion for Final Judgment Order in Interpleader herein with the
Clerk of the United States District Court, Northern District of Illinois, Eastern Division, using
the CM/ECF system, which sent notification of such filing to the following registered CM/ECF
participants:

Marc Weinstein, Esq.
Marc H. Weinstein & Associates, LTD
4415 West Harrison Street
Suite 234
Hillside, IL 60162
[e-mail]
Jean Conde, Esq.
Law Office of Jean Conde, P.C.
35 East Wacker Drive, Suite 650
Chicago, IL 60601
[e-mail]

/s/ Sara G. Janes

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