Metropolitan Life Insurance Company v. Reyes et al

Filing 14

ORDER Allowing the Deposit of Life Insurance Benefits into Court Account, Discharging Metlife from Liability, and Dismissing Metlife, Only, from Case. Signed by District Judge John Corbett O'Meara. (WBar)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
METROPOLITAN LIFE INSURANCE
COMPANY,
Plaintiff
Case No. 2:15-cv-11439-JCO-MKM
v.
Hon. John Corbett O’Meara
ANGELA M. REYES AND
VICKLY L. JOHNSON,
Defendants
__________________________________________________________________________/
David M. Davis (P24006)
John M. Boyda (P39268)
Attorneys for Plaintiff
Hardy, Lewis & Page, P.C.
401 S. Old Woodward Ave. Suite 410
Birmingham, Michigan 48009
[phone]
[e-mail]

Nicolas Camargo (P66385)
Fedor, Camargo & Weston, PLC
Attorneys for Defendant Angela Reyes
401 S. Old Woodward Ave., Suite 410
Birmingham, Michigan 48009
[phone]
[e-mail]

Michael J. Gildner (P49732)
Attorneys for Defendant Vicky Johnson
Simen, Figura & Parker, P.L.C.
5206 Gateway Centre, Suite 200
Flint, Michigan 48507
[phone]
[e-mail]
__________________________________________________________________________/
ORDER ALLOWING THE DEPOSIT OF LIFE INSURANCE BENEFITS
INTO THE COURT, DISCHARGING METLIFE FROM LIABILITY,
AND DISMISSING METLIFE ONLY FROM THIS ACTION
Pursuant to the stipulation of the parties;
IT IS HEREBY ORDERED AND ADJUDGED that MetLife may deposit into the
Registry of the Court the amount of Forty Four Thousand Four Hundred Sixty Eight and 00/100

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Dollars ($44,468.00)(the “Plan Benefits”), plus any applicable interest, constituting the group
life insurance benefits payable under the General Motors Group Life Insurance and Disability
Benefits Program (the “Plan”) by reason of the death of the Plan participant Dennis R. Johnson (the
“Decedent”).
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, plus any
applicable interest, by MetLife into the Registry of the Court, MetLife, the Plan, and General
Motors shall be fully relieved of and discharged from any and all liability with respect to
payment of the group life insurance benefits of the Decedent (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 General Motors 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
Forty Four Thousand Four Hundred Sixty Eight and 00/100 Dollars ($44,468.00), plus any

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applicable interest, into the Registry of the Court, MetLife is and hereby shall be DISMISSED
WITH PREJUDICE from this action and without an award of costs, interest or attorney fees to
any party.
Date: July 8, 2015

s/John Corbett O’Meara
United States District Judge

Copies sent to:
David M. Davis (P24006)
John M. Boyda (P39268)
Attorneys for Plaintiff
Hardy, Lewis & Page, P.C.
401 S. Old Woodward Ave. Suite 410
Birmingham, Michigan 48009
[phone]
[e-mail]

Nicolas Camargo (P66385)
Fedor, Camargo & Weston, PLC
Attorneys for Defendant Angela Reyes
401 S. Old Woodward Ave., Suite 410
Birmingham, Michigan 48009
[phone]
[e-mail]

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

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