Minnesota Life Insurane Company v. Elizabeth M. Kennedy Irrevocable Life Insurance Trust Dated Marh 6, 1981 et al

Filing 18

STIPULATED ORDER of Default Judgment, Payment of Insurance Proceeds, and Dismissal. Signed by District Judge Matthew F. Leitman. (HMon)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
MINNESOTA LIFE INSURANCE
COMPANY,
Plaintiff,
v.

Case No. 17-cv-11971
Hon. Matthew F. Leitman

THE ELIZABETH M. KENNEDY
IRREVOCABLE LIFE INSURANCE
TRUST DATED MARCH 6, 1981,
SCOTT HILL-KENNEDY, MEGAN
MARIE HAIGHT, MICHAEL RYAN
KENNEDY, MACKENZIE PAUL
KENNEDY,
Defendants.
STIPULATED ORDER OF DEFAULT JUDGMENT,
PAYMENT OF INSURANCE PROCEEDS, AND DISMISSAL
On the motion of the Minnesota Life Insurance Company (“Minnesota
Life”), through stipulation of the parties, and the court being fully advised on the
premises, it is ORDERED AND ADJUDGED THAT:
1.

Minnesota Life has satisfied the requirements under Fed. R. Civ. P. 22

for an interpleader action.
2.

Minnesota Life’s motion for default judgment against The Elizabeth

M. Kennedy Irrevocable Life Insurance Trust dated March 6, 1981 is GRANTED.

3.

Judgment is entered in favor of Minnesota Life and against The

Elizabeth M. Kennedy Irrevocable Life Insurance Trust dated March 6, 1981,
finding that The Elizabeth M. Kennedy Irrevocable Life Insurance Trust dated
March 6, 1981 is not entitled to any share of the judgment proceeds in the
underlying interpleader action.
4.

The parties agree that the life insurance proceeds of $1,000,000.00

(the “Benefit”) under life insurance policy number 1-640-922 (the “Policy”)
described in Minnesota Life’s Complaint for Interpleader (ECF No. 1), plus
applicable interest, less reasonable attorneys’ fees and costs of $17,579.54, should
be distributed to Scott P. Hill-Kennedy, trustee of the Elizabeth M. Kennedy Trust
under Agreement dated March 20, 1972, as amended and restated. The
beneficiaries of the Elizabeth M. Kennedy Trust under Agreement dated March
20, 1972, as amended and restated, include the remaining defendants, Scott HillKennedy, Megan Marie Haight, Michael Ryan Kennedy, and Mackenzie Paul
Kennedy.
5.

Minnesota Life is awarded agreed-upon attorneys’ fees and costs in

the amount of $17,579.54, which shall be subtracted from the Benefit prior to its
distribution to Scott P. Hill-Kennedy, trustee of the Elizabeth M. Kennedy Trust
under Agreement dated March 20, 1972, as amended and restated.

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6.

Upon payment of the Benefit, plus any applicable interest and less

reasonable attorneys’ fees and costs, to Scott P. Hill-Kennedy, trustee of the
Elizabeth M. Kennedy Trust under Agreement dated March 20, 1972, as amended
and restated, Minnesota Life and its past, present, and future parents, subsidiaries,
affiliates, successors, assignees, agents, producers, servants, employees, officers,
directors, principals, representatives, attorneys, and insurers are discharged from
any and all liability with respect to the coverage under the Policy, the Benefit,
and/or the facts at issue in this case. For purposes of this paragraph, “payment of
the Benefit” shall be deemed to have occurred when the check representing the
Benefit is received by counsel for Defendants.
7.

The defendants named in Minnesota Life’s Interpleader Complaint,

the Elizabeth M. Kennedy Trust under Agreement dated March 20, 1972, and
Scott-Hill Kennedy trustee of the Elizabeth M. Kennedy Trust under Agreement
dated March 20, 1972, as amended and restated, and any other claimant to the
Benefit, together with their agents, attorneys, and assigns are permanently enjoined
from instituting or maintaining any additional federal, state, or administrative
action against Minnesota Life, as well as its past, present, and future parents,
subsidiaries, affiliates, successors, assignees, agents, producers, servants,
employees, officers, directors, principals, representatives, attorneys, and insurers
relating to the Policy, the Benefit, and/or the facts at issue in this case.
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This action is hereby dismissed WITH PREJUDICE and without costs to
any party.
IT IS SO ORDERED.

s/Matthew F. Leitman
MATTHEW F. LEITMAN
UNITED STATES DISTRICT JUDGE
Dated: March 8, 2018

We stipulate to entry of this order:

BODMAN PLC

CLARK HILL PLC

/s/ Michelle Thurber Czapski
Michelle Thurber Czapski (P47267)
201 W. Big Beaver Road
Suite 500
Troy, MI 48084
[phone]
[e-mail]
Attorneys for Plaintiff

/s/ J. Thomas MacFarlane (w/consent)
J. Thomas MacFarlane (P40581)
Mallory Kallabat (P79082)
151 S. Old Woodward Avenue
Suite 200
Birmingham, MI 48009
[phone]
[e-mail]
[e-mail]
Attorneys for Defendants

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