LINCOLN BENEFIT LIFE COMPANY et al v. SHELTON et al

Filing 22

ORDER ADOPTING 19 REPORT AND RECOMMENDATIONS - The court therefore GRANTS Plaintiffs' and Defendant David Shelton's joint Motion to Pay Proceeds and for Dismissal and Discharge (Filing No. 15 ) to the extent that it ORDERS Plaintiffs t o the pay the Policy Proceeds to Defendant David Shelton within 21 days of the date of this Entry. The court further ORDERS Plaintiffs and Defendant David Shelton to file within 30 days of the date of payment a stipulation of dismissal, consistent with the agreement of the parties, to close the case. Signed by District Judge Richard L Young on 9/26/2024.(JRB)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
LINCOLN BENEFIT LIFE COMPANY and )
EVERLAKE LIFE INSURANCE COMPANY, )
)
Plaintiffs,
)
)
v.
)
)
COREY SHELTON Clerk's Entry of Default )
Entered on 6/26/2024,
)
)
DAVID SHELTON, and
SHARON LOPEZ Clerk's Entry of Default
)
Entered on 6/26/2024,
)
)
Defendants.
)

No. 1:24-cv-00264-RLY-MKK

ENTRY ADOPTING REPORT AND RECOMMENDATION AND DIRECTING
FURTHER PROCEEDINGS
Plaintiffs, two life insurance companies, brought this interpleader action to
determine the proper beneficiary of the proceeds payable on two life insurance policies.
(Filing No. 1, Compl.). On August 30, 2024, Magistrate Judge Klump issued a report and
recommendation recommending the following: (1) that the court order "Plaintiffs to pay
the Policy Proceeds to Defendant David Shelton"; (2) that, upon payment of the Policy
Proceeds, the action should be dismissed with prejudice; and (3) that, upon payment of
the Policy Proceeds, "Plaintiffs should be discharged of any and all liability with respect
to the Policies and payment of the Policy Proceeds" and that "Defendants . . . should be
enjoined from instituting or maintaining any action against Plaintiffs relative to the
Policies or payment of the Policy Proceeds." (Filing No. 19). No party objected to the
Magistrate Judge's recommendation.
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Having reviewed the Report and Recommendation, and there being no timely
objections from any party under 28 U.S.C. § 636(b)(1) and Fed. R. Civ. P. 72(b), the court
ADOPTS the Magistrate Judge's Report and Recommendation (Filing No. 19). The
court therefore GRANTS Plaintiffs' and Defendant David Shelton's joint Motion to Pay
Proceeds and for Dismissal and Discharge (Filing No. 15) to the extent that it ORDERS
Plaintiffs to the pay the Policy Proceeds to Defendant David Shelton within 21 days of
the date of this Entry. The court further ORDERS Plaintiffs and Defendant David
Shelton to file within 30 days of the date of payment a stipulation of dismissal,
consistent with the agreement of the parties, to close the case.
IT IS SO ORDERED this 26th day of September 2024.
s/RLY

Distributed Electronically to Registered Counsels of Record.
Mail to:
Corey Shelton
5859 Beatle Drive
Apartment G
Indianapolis, IN 46216
Sharon Lopez
408 North Keystone Avenue
Indianapolis, IN 46201

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