Metropolitan Life Insurance Company v. Johnson et al

Filing 20

ORDER Adopting ADOPTING MAGISTRATE JUDGE RANDONS ORDER OF SETTLEMENT, AND DISMISSING THE CASE Signed by District Judge Paul D. Borman. (DGoo)

Metropolitan Life Insurance Company v. Johnson et al

Doc. 20

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION METROPOLITAN LIFE INSURANCE COMPANY, Plaintiff, v. KIMBERLY JOHNSON, NERVILLE COX, LaSHARON COX, STACY COX, DARRYL JONES, and BRANDY MAXWELL, Defendants. ____________________________/ ORDER (1) ADOPTING MAGISTRATE JUDGE RANDON'S ORDER OF SETTLEMENT, AND (2) DISMISSING THE CASE Plaintiff Metropolitan Life Insurance Company is the fiduciary to a General Motors Life and Disability Benefits Program for Hourly Employees (the "Plan") administered on behalf of Paul Lawrence Lewis (the "Decedent"). After funeral and other expenses were paid under the terms of the Plan, benefits in the amount of $14,750 remained payable to Decedent's beneficiaries. (Compl. ¶ 30). Defendants Kimberly Johnson, Nerville Cox, LaSharon Cox, Stacy Cox, Darryl Jones, and Brandy Maxwell, have all claimed that they are entitled to the remaining benefits. On May 24, 2010, Plaintiff Metropolitan Life Insurance Company filed a Complaint in Interpleader with this Court (Dkt. No. 1), requesting that the Court determine to whom the remaining benefits are payable. On February 9, 2011, Magistrate Judge Randon entered an Order of Conditional CASE NO. 10-12081 PAUL D. BORMAN UNITED STATES DISTRICT JUDGE MARK A. RANDON UNITED STATES MAGISTRATE JUDGE

1

Dockets.Justia.com

Settlement and Opportunity to File Objections (Dkt. No. 18). Magistrate Judge Randon's Order stated: IT IS ORDERED that this conditional settlement shall become final unless any of the parties, whose names and addresses appear below in the proof of service, file an objection in writing . . . to be received on or before FRIDAY, FEBRUARY 25, 2011. (Order at 2). None of the Defendants objected. Accordingly, the Order of Conditional Settlement has become a final order. For the reasons stated above, IT IS ORDERED that the parties are entitled to the $14,750 in insurance proceeds as follows: $10,150.00 to Brandi (Maxwell) Rolston $ 2,500.00 to Darryl Jones $ $ $ 700.00 to LaSharon Cox 700.00 to Stacy Cox 700.00 to Nerville Cox

This is a final order and closes the case. SO ORDERED.

S/Paul D. Borman PAUL D. BORMAN UNITED STATES DISTRICT JUDGE Dated: March 1, 2011

2

CERTIFICATE OF SERVICE Copies of this Order were served on the attorneys of record by electronic means or U.S. Mail on March 1, 2011.

S/Denise Goodine Case Manager

3