North American Company for Life and Health Insurance v. Ballard et al

Filing 25

FINAL DECREE AND JUDGMENT OF INTERPLEADER- Judgment is hereby entered in favor of North American Company for Life and Health Insurance and against Defendants Teresa Ballard, as Personal Representative of the Estate of Evelyn Rose Cain and Patric k K. Cain, on the Complaint of Interpleader. North American Company for Life and Health Insurance is hereby excused from further attendance upon this cause and dismissed with prejudice from this cause with an express finding that, pursuant to R ule 54(b) of the Federal Rules of Civil Procedure, there is no just reason for delaying either the enforcement of appeal of this Order or both. Defendants Teresa Ballard, as Personal Representative of the Estate of Evelyn Rose Cain and Patrick K. Cain, and any person or entity claiming through them, are required to litigate their entitlement to the proceeds of the Policies among themselves and without further involving North American Company for Life and Health Insurance. North Americ an Company for Life and Health Insurance is hereby awarded its attorneys' fees and costs, which it incurred in bringing this Complaint of Interpleader in the amount of $3,000. The Clerk is hereby ordered and directed to draw a check on t he funds on deposit in the Court Registry in the amount of $3,000, principal only, and not to include the payment of any interest, as an award of attorneys fees in connection with the bringing of this action, made payable to "North Americ an Company for Life and Health Insurance," and to mail said funds to its attorney, Jeanne Weaver, HOTZ, WEAVER, FLOOD, BREITREKUTZ & GRANT, 444 Regency Parkway Drive, Suite 310, Omaha, NE 68114. Ordered by Magistrate Judge Thomas D. Thalken. (E-mailed to Financial)(GJG)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
NORTH AMERICAN COMPANY FOR
LIFE AND HEALTH INSURANCE,
Plaintiff,
vs.
TERESA BALLARD, as Personal
Representative of the Estate of
EVELYN ROSE CAIN, and
PATRICK K. CAIN,
Defendants.

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8:11CV411

FINAL DECREE AND JUDGMENT OF INTERPLEADER
This order coming before the Court on the Parties’ Agreed Motion for Entry of a
Final Decree of Interpleader (Filing No. 24), due notice having been given and the Court
being fully advised that:
1.

On December 6, 2011, North American Company for Life and Health

Insurance (NACOLAH), as a disinterested and innocent stakeholder, filed its Complaint of
Interpleader against Defendants, Teresa Ballard, as Personal Representative of the Estate
of Evelyn Rose Cain and Patrick K. Cain, pursuant to Federal Rule of Civil Procedure 22
and 28 U.S.C. § 1332, to resolve competing claims to the insurance proceeds payable
pursuant to a life insurance policy, Policy No. LBB103070 (the “Policy”) insuring the life of
Evelyn Rose Cain.
2.

On March 5, 2012, NACOLAH filed a Stipulated Motion for Leave to Deposit

its Admitted Liability. Pursuant to the Motion and the Court’s Order, NACOLAH
deposited$159,323.63 into the Court Registry on March 16, 2012, which represented
NACOLAH’s admitted liability, plus post-death interest, and which is subject to this Court’s
further orders as to whom among the defendants is entitled to receive those proceeds.
3.

As affirmatively appears from this Court’s file and docket, Defendants Teresa

Ballard, as Personal Representative of the Estate of Evelyn Rose Cain and Patrick K. Cain
have appeared through Counsel and have each answered the Complaint of Interpleader.

Defendants also filed “counterclaims,” which are their respective cross-claims against one
another and to the funds on deposit.
4.

Defendants agree they have not asserted any claims against NACOLAH in

this action, as NACOLAH is a disinterested and innocent stakeholder, and is not
responsible for creating the conflicting claims to the funds that are now on deposit with the
Court Registry.
5.

This Court has jurisdiction over the subject matter of this cause and personal

jurisdiction over the Defendants.
6.

Defendants agree that NACOLAH has done all that is required by law to

perfect its right to interpleader relief as prayed for in its Complaint of Interpleader.
7.

Defendants agree that an order should be entered by the Court discharging

NACOLAH and its owners, successors, assigns, representatives, agents, attorneys, and
all of its affiliated companies, including officers, directors and employees, from any and all
liability to Defendants Teresa Ballard, as Personal Representative of the Estate of Evelyn
Rose Cain and Patrick K. Cain, and to any person or entity claiming through them and
arising from or relating to the Policy.
8.

Defendants agree that they and any person or entity claiming through them

should be permanently restrained from instituting or prosecuting any claim against
NACOLAH in any federal, state or administrative court or other forum, arising from or
relating to the Policy.
9.

Defendants agree NACOLAH is entitled to an award of attorneys’ fees from

the interpleader fund in the negotiated amount of $3,000. NACOLAH agrees to accept the
$3,000 in full and complete satisfaction of its claim to attorneys’ fees, interest, costs of
court, and other expenses from or relating to the Policy and its Complaint of Interpleader.
10.

Defendants agree that this Court should enter an order authorizing and

directing the Clerk to draw a check on the funds on deposit in the Court Registry in the
amount of $3,000, principal only, and not to include the payment of any interest, as an
award of attorneys’ fees in connection with the bringing of this action, payable to “North
American Company for Life and Health Insurance,” to be mailed to its attorney Jeanne

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Weaver, HOTZ, WEAVER, FLOOD, BREITREKUTZ & GRANT, 444 Regency Parkway
Drive, Suite 310, Omaha, NE 68114.
11.

Defendants agree NACOLAH should be dismissed from this action with

prejudice and that NACOLAH can be excused from further attendance on this cause and
Defendants’ litigation of their claims and contentions to the proceeds of the Policy need not
further involve NACOLAH.

IT IS ORDERED THAT:
A.

Judgment is hereby entered in favor of North American Company for Life and

Health Insurance and against Defendants Teresa Ballard, as Personal Representative of
the Estate of Evelyn Rose Cain and Patrick K. Cain, on the Complaint of Interpleader;
B.

North American Company for Life and Health Insurance and its owners,

successors, assigns, representatives, agents, attorneys, and all of its affiliated companies,
including officers, directors, and employees, is hereby released and discharged from any
and all liability to Defendants Teresa Ballard, as Personal Representative of the Estate of
Evelyn Rose Cain and Patrick K. Cain, and to any person or entity claiming through them;
C.

Defendants Teresa Ballard, as Personal Representative of the Estate of

Evelyn Rose Cain and Patrick K. Cain, and any person or entity claiming through them, are
permanently and perpetually restrained and enjoined from commencing or prosecuting any
proceeding or claim in any federal, state or administrative court or other forum concerning
the death benefit proceeds due or payable from North American Company for Life and
Health Insurance under Policy No. LBB103070 and on account of the death of Evelyn
Rose Cain;
D.

North American Company for Life and Health Insurance is hereby excused

from further attendance upon this cause and dismissed with prejudice from this cause with
an express finding that, pursuant to Rule 54(b) of the Federal Rules of Civil Procedure,
there is no just reason for delaying either the enforcement of appeal of this Order or both;
E.

Defendants Teresa Ballard, as Personal Representative of the Estate of

Evelyn Rose Cain and Patrick K. Cain, and any person or entity claiming through them, are

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required to litigate their entitlement to the proceeds of the Policies among themselves and
without further involving North American Company for Life and Health Insurance;
F.

North American Company for Life and Health Insurance is hereby awarded

its attorneys’ fees and costs, which it incurred in bringing this Complaint of Interpleader in
the amount of $3,000.
G.

The Clerk is hereby ordered and directed to draw a check on the funds on

deposit in the Court Registry in the amount of $3,000, principal only, and not to include the
payment of any interest, as an award of attorneys’ fees in connection with the bringing of
this action, made payable to “North American Company for Life and Health Insurance,” and
to mail said funds to its attorney, Jeanne Weaver, HOTZ, WEAVER, FLOOD,
BREITREKUTZ & GRANT, 444 Regency Parkway Drive, Suite 310, Omaha, NE 68114.
DATED this 10th day of May, 2012.
BY THE COURT:
s/ Thomas D. Thalken
United States Magistrate Judge

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