Zurich American Insurance Company v. Banks et al

Filing 286

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS. ; adopting Findings and Recommendations re 281 Findings and Recommendations.; granting 282 Motion Signed by Judge Sam E Haddon on 11/25/2014. (DED, )

FILED

NOV Z5201.
Clerk,

us. District Courl

District Of Montana

Helena

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MONTANA

BILLINGS DIVISION

ZURICH AMERICAN INSURANCE
COMPANY,
Plaintiff,
vs.

No. CV-12-70-BLG-SEH
ORDER

KEVIN BANKS, et al.,
Defendants.
On January to, 2014, this Court entered an Order for the appointment of a
Special Master under Fed R. Civ. P. 53 to advise and assist in the resolution of
claims and allocation of interpleader funds.! On February 5, 2014, Gary M.
Zadick, Esq. was appointed by this Court as Special Master to take such actions
and measures, to make such findings and recommendations, and issue such orders

, (Doc. 208 at 2.)

as may be necessary and appropriate to assist in consideration and resolution of
each individual Defendant's claim in this case. 2 On March 5, 2014, Special
Master Zadick filed Special Master's Request and Order for Submission of Claims
setting forth the claim submission process, including a Claim Form, to provide all
Defendants the opportunity to submit their individual claims.} Special Master
Zadick allowed Defendants sixty days from the date of the Order to submit their
ciaims. 4 For good cause shown, Special Master Zadick stated he would allow for
an extension of time, but that it was his desire to not unnecessarily delay the
resolution of the claims presented against the interpled fund. s
Special Master Zadick tiled his Findings and Recommendations re:
Evaluation of Claims and Awards to Claimants on July 1, 2014, setting forth his
recommended awards. 6 Special Master Zadick did not recommend awards to
Defendants DeWayne Ahrendt, Tate Kapple, Brenden King, Damon Leeds,
Mohamad Mohamad, and Bryant Payne as the Court had previously entered their

2

(Doc. 217 at 2.)

J

(See Doc. 234.)

4

(Doc. 234 at 2.)

5

(Doc. 234 at 2.)

6

(Doc. 242.)

2

defaults.? He did not recommend awards to Defendants Michael Estep, Fabian
Garza, Wendy Garza, Francis Habadah, and Nathaniel Pratt as they did not
provide a response to the Special Master's Request and Order for Submission of
Claims.
Following the Special Master's Findings and Recommendations, it was
brought to the Court's attention in Defendant Michael Estep's Objection to Special
Master's Findings and Recommendations/ and Wendy Garza and Fabian Garza's
Motion and Brief to Recognize Claims,9 that they asserted that they did not receive
notification through CMlECF, standard mailing or otherwise of the Special
Master's March 5, 2014, Request and Order for Submission of Claims due to
claimed service issues involving proper addresses or other reasons. Similar
claims of service errors and omissions occurring with regard to Defendants
Francis Habadah and Nathaniel Pratt were presented to the Court.
Following hearing, the Court exercised its discretion to allow the claims of
Defendants Michael Estep, Fabian Garza, Wendy Garza, Francis Habadah and
Nathaniel Pratt to be submitted to the Special Master for consideration. The

7

(See Docs. 223; 224; 225; 226; 232; 233.)

8

(See Doc. 250.)

9

(See Docs. 248; 249.)

3

Special Master's Findings and Recommendations Re: Evaluation of Claims and
Awards to Claimants 10 were referred back to the Special Master for further
reconsideration.
On October 30, 2014, the Special Master's Amended Findings and
Recommendations Re: Evaluation of Claims and Awards to Claimants 11 ("Report
and Recommendations") were filed and served upon each party. No objections to
the Report and Recommendations have been filed. More than 21 days have
expired since the Report and Recommendations were filed.
ORDERED:

1.

Upon full review of the Report and Recommendations in accordance

with Fed. R. Civ. P. 53(t), the Court accepts the Report and Recommendations in
their entirety. The Estate of Robert Lange's Motion to Adopt Special Master's
Amended Findings and Recommendations (Doc. 281) is GRANTED.
2.

Zurich American Insurance Company is directed to make

disbursements to the persons named and in the amounts stated in the Report and
Recommendations.

10

(See Doc. 242.)

11

(Doc. 281.)

4

3.

Each person to receive a disbursement as provided in paragraph 2

shall forthwith file with the clerk the name and complete mailing address of the
payee to whom the disbursement is to be made.
4.

Upon completion of the disbursements, Zurich American Insurance

Company shall file a statement of accounting of the disbursements setting forth for
each disbursement the amount paid and the name and address of the payee to
whom the disbursement was directed.
5.

Upon completion of the disbursement, Plaintiff Zurich American

Insurance Company shall also file with the Court a report outlining and defining
any issues remaining for resolution. Any other party shall have 14 days following
the date of Plaintiff Zurich American Insurance Company's remaining issues'
report to respond.
DATED this

J.5~ of November, 2014.

nited States District Judge

5