Metropolitan Life Insurance Company v. Cotton et al

Filing 20

ORDER accepting 19 Report and Recommendation and Directing Clerk of the Court to Distribute Funds. Signed by District Judge George Caram Steeh. (MBea)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

METROPOLITAN LIFE
INSURANCE COMPANY
Plaintiff,
Case No. 2:16-CV-13471
HON. GEORGE CARAM STEEH

vs.
ROBERT COTTON,
WILLIAM COTTON,
NANNIE CRADDOCK,
PATRICIA LOSIE,
DAVID COTTON, LONNIE
COTTON and KERNAN
FUNERAL SERVICE,
Defendants.
___________________________/

ORDER ACCEPTING MAGISTRATE JUDGE’S REPORT
AND RECOMMENDATION AND DIRECTING THE
CLERK OF THE COURT TO DISTRIBUTE FUNDS
This matter is before the court on the question of distributing life
insurance benefits. Six of the defendants are individuals, each of whom is
identified as a son or daughter of decedent Delores T. Truesdell, and the
remaining defendant is Kernan Funeral Service, which is identified as
holding an assignment for decedent’s funeral expenses. Magistrate Judge
Patti issued an order to show cause as to why defendants Robert Cotton,
William Cotton, Nannie Craddock, David Cotton and Lonnie Cotton why
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they had not filed a response and why default judgment should not be
entered against them. (Doc. 15). A response was filed that was seemingly
supported by some but not all of the defendants. Magistrate Judge Patti
thereafter ordered the defendants to appear before the Court. David
Cotton, William Ambrose Cotton, Robert Cotton, Nannie Craddock, Lonnie
Cotton, and Patricia Losie appeared on May 3, 2017, and agreed to
distribute the remaining funds in equal shares.
On May 5, 2017, Magistrate Judge Patti issued a report and
recommendation recommending that the Court enter an order directing the
Clerk of the Court to distribute the remaining balance in the Registry of the
Court equally between Robert Cotton, William Cotton, Nannie Craddock,
Patricia Losie, David Cotton and Lonnie Cotton. The court has reviewed
the file, record, and magistrate judge’s report and recommendation.
Objections to that report have not been filed by the defendants within the
established time period. The court accepts the report and
recommendation.
Accordingly,
IT IS HEREBY ORDERED that the magistrate judge’s report and
recommendation is accepted.

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IT IS FURTHER ORDERED that the Clerk of the Court shall distribute
the remaining balance in the Registry of the Court equally between Robert
Cotton, William Cotton, Nannie Craddock, Patricia Losie, David Cotton and
Lonnie Cotton.
Dated: May 24, 2017

s/George Caram Steeh
GEORGE CARAM STEEH
UNITED STATES DISTRICT JUDGE

CERTIFICATE OF SERVICE
Copies of this Order were served upon attorneys of record on
May 24, 2017, by electronic and/or ordinary mail and also on
Robert Cotton
566 Pagel Ave.
Lincoln Park, MI 48146
William Cotton
11519 William Street
Taylor, MI 48180
Nannie Craddock
13641 Birrell Street
Southgate, MI 48195
David Cotton
57070 Loukus Street
Calumet,MI 49913
Mr. Lonnie Cotton
804 Ingot Street, Apt. 1
Hancock, MI 49930
Patricia Losie
9351 Laurence Street
Allen Park, MI 48101

s/Barbara Radke
Deputy Clerk

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