The Prudential Insurance Company of America et al v. Peters et al

Filing 17

MEMORANDUM AND ORDER FOR INTERPLEADER OF DEATH BENEFIT AND DISMISSAL OF PLAINTIFFS - IT IS ORDERED: Within 21 days of the signing of this Order by the Court Prudential will distribute to the Clerk of this Court a check equal to the sum of $4 51,686.50, plus applicable claim interest, if any, representing the Death Benefit payable under the Policy. The Clerk of this Court will deposit the Death Benefit distributed by Prudential into an interest-bearing account and maintain the same pe nding further orders of the Court; Upon deposit of the Death Benefit with the Court, Prudential and Hartford are discharged from any and all liability to the Adverse Claimants relating to the Policy and/or the Death Benefit, and the Adverse Claim ants are permanently enjoined from making any further actual or implied claims, demands, or causes of action, asserted or unasserted, express or implied, foreseen or unforeseen, real or imaginary, suspected or unsuspected, known or unknown, liquid ated or unliquidated, of any kind, nature, or description whatsoever that Adverse Claimants, jointly and severally, ever had, presently have, may have, or claim or assert to have, or hereinafter have, may have, or claim or assert to have, against Prudential or Hartford with respect to the Policy and/or the Death Benefit. Prudential and Hartford are dismissed from the above-captioned action with prejudice. The Court will not assess costs. In accordance with Fed. R. Civ. P. 54(b), there being no just reason for delay, a separate Judgment will be entered. Ordered by Chief Judge Laurie Smith Camp. (Copy to Finance)(TCL )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
THE PRUDENTIAL INSURANCE
COMPANY OF AMERICA, and
HARTFORD LIFE AND ANNUITY
INSURANCE COMPANY,
Plaintiffs,
vs.

CASE NO. 8:14CV42
MEMORANDUM AND ORDER FOR
INTERPLEADER OF DEATH BENEFIT
AND DISMISSAL OF PLAINTIFFS

SUSAN C. PETERS; FIVE POINTS
BANK, AS TRUSTEE OF THE MAXINE
BIELFELDT TRUST; and DAWN M.
STANGE,
Defendants.

This matter is before the Court on the parties’ Joint Motion for Interpleader of
Death Benefit and Dismissal of Plaintiffs (Filing No. 16) filed by Plaintiffs The Prudential
Insurance Company of America (“Prudential”) and Hartford Life Insurance and Annuity
Company (“Hartford”), and Defendants Susan C. Peters; Five Points Bank, as Trustee
of the Maxine Bielfeldt Trust; and Dawn Stange (collectively, the “Adverse Claimants”).
Pursuant to Rules 22 and 67 of the Federal Rules of Civil Procedure, the Court
concludes that the Motion should be granted and that (1) Prudential should distribute to
the Clerk of this Court a check in the amount of $451,686.50, representing life insurance
benefits payable as a result of the death of Maxine A. Bielfeldt in connection with
Individual Life Insurance Policy number VL 93 299 98, which was issued by Prudential
to Maxine A. Bielfeldt (the “Policy”), plus applicable claim interest, if any (collectively,
the “Death Benefit”); (2) Prudential and Hartford should be discharged of all liability
relating to the Policy and/or the Death Benefit; and (3) Prudential and Hartford should

be dismissed from this action, with prejudice, and without costs to any party.
Accordingly,
IT IS ORDERED:
1. Within 21 days of the signing of this Order by the Court Prudential will
distribute to the Clerk of this Court a check equal to the sum of $451,686.50,
plus applicable claim interest, if any, representing the Death Benefit payable
under the Policy;
2. The Clerk of this Court will deposit the Death Benefit distributed by Prudential
into an interest-bearing account and maintain the same pending further
orders of the Court;
3. Upon deposit of the Death Benefit with the Court, Prudential and Hartford are
discharged from any and all liability to the Adverse Claimants relating to the
Policy and/or the Death Benefit, and the Adverse Claimants are permanently
enjoined from making any further actual or implied claims, demands, or
causes of action, asserted or unasserted, express or implied, foreseen or
unforeseen, real or imaginary, suspected or unsuspected, known or unknown,
liquidated or unliquidated, of any kind, nature, or description whatsoever that
Adverse Claimants, jointly and severally, ever had, presently have, may have,
or claim or assert to have, or hereinafter have, may have, or claim or assert to
have, against Prudential or Hartford with respect to the Policy and/or the
Death Benefit;
4. Prudential and Hartford are dismissed from the above-captioned action with
prejudice;
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5. The Court will not assess costs; and
6. In accordance with Fed. R. Civ. P. 54(b), there being no just reason for delay,
a separate Judgment will be entered.

Dated this 18th day of April, 2014.
BY THE COURT:
s/Laurie Smith Camp
Chief United States District Judge

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