Metropolitan Life Insurance Company v. Neckel et al

Filing 12

ORDER allowing the deposit of Life Insurance Benefits into the court, discharging Metlife from Liability, and dismissing Metlife ONLY from this action re 10 Stipulation filed by Metropolitan Life Insurance Company. Metropolitan Life Insurance Company terminated. 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-14014-GCS-EAS
Hon. George Caram Steeh
DIANNE NECKEL and
CYNTHIA KOSTYSHAK,
Defendants.
__________________________________________________________________________/
David M. Davis (P24006)
Michael J. Gildner (P49732)
Attorneys for Plaintiff
Attorneys for Cynthia Kostyshak
Hardy, Lewis & Page, P.C.
Simen, Figura & Parker, P.L.C.
401 S. Old Woodward Ave. Suite 450
5206 Gateway Centre, Suite 200
Birmingham, MI 48009
Flint, MI 48507
[phone]
[phone]
[e-mail]
[e-mail]
Dianne Neckel
Pro Se
19737 Seminole
Redford, MI 48240
[phone]
__________________________________________________________________________/
ORDER ALLOWING THE DEPOSIT OF LIFE INSURANCE BENEFITS INTO THE
COURT, DISCHARGING METLIFE FROM LIABILITY, AND DISMISSING
METLIFE ONLY FROM THIS ACTION
Upon the reading and filing
Of the parties’ Stipulation:
IT IS HEREBY ORDERED AND ADJUDGED that MetLife may deposit into the
Registry of the Court group life insurance benefits in the amount of TWELVE THOUSAND
FOUR HUNDRED SEVENTY TWO AND 00/100 DOLLARS ($12,472.00)(the “Plan
Benefits”), plus any applicable interest, payable under the FCA (Fiat Chrysler Automobiles) US
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LLC Group Life Insurance Program (the “Plan”) by reason of the death of the Plan participant
George Simms (the “Decedent” or “Plan participant”).
IT IS FURTHER ORDERED that after MetLife deposits the Plan Benefits, plus any
applicable interest, into the Registry of the Court in an interest bearing account established by
the Court in accordance with Local Court Rule 67.1, the Clerk is authorized to deduct from the
account any fee authorized by the Judicial Conference of the United States. In the event the
check presented to the Court by MetLife is not a bank check or certified check, before depositing
the check into an interest bearing account the Court may hold the check for a period of up to 14
days or until notified that the check has cleared, whichever occurs earlier.
IT IS FURTHER ORDERED that upon the deposit of the Plan Benefits in the amount of
TWELVE THOUSAND FOUR HUNDRED SEVENTY TWO AND 00/100 DOLLARS
($12,472.00), plus any applicable interest, by MetLife into the Registry of the Court, MetLife,
the Plan, and FCA US LLC shall be fully relieved of and discharged from any and all liability
with respect to payment of the life insurance benefits in the amount of TWELVE THOUSAND
FOUR HUNDRED SEVENTY TWO AND 00/100 DOLLARS ($12,472.00) (the “Plan
Benefits”), plus any applicable interest, payable under the Plan by reason of the death of the
Decedent.
IT IS FURTHER ORDERED that the Defendants in this action are enjoined and
restrained from instituting any other action in any state or United States court against MetLife,
the Plan, and FCA US LLC for recovery of the Plan Benefits or any portion thereof, plus any
applicable interest, payable as a consequence of the death of the Decedent.
IT IS FURTHER ORDERED that upon the deposit of the Plan Benefits in the amount of

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TWELVE THOUSAND FOUR HUNDRED SEVENTY TWO AND 00/100 DOLLARS
($12,472.00), plus any applicable interest, by MetLife into the Registry of the Court, MetLife is
and shall be DISMISSED WITH PREJUDICE from this action and without an award of costs,
interest or attorney fees to any party.

s/George Caram Steeh
UNITED STATES DISTRICT JUDGE
Dated: February 3, 2017

Copies sent to:
David M. Davis (P24006)
Attorneys for Plaintiff
Hardy, Lewis & Page, P.C.
401 S. Old Woodward Ave. Suite 450
Birmingham, MI 48009
[phone]
[e-mail]

Michael J. Gildner (P49732)
Attorneys for Cynthia Kostyshak
Simen, Figura & Parker, P.L.C.
5206 Gateway Centre, Suite 200
Flint, MI 48507
[phone]
[e-mail]

Dianne Neckel
Pro Se
19737 Seminole
Redford, MI 48240
[phone]
240793.DOC

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