Sun Life Assurance Company of Canada v. Estate of Peter Velez et al

Filing 17

ORDER granting 16 Motion to Deposit Funds. As set forth in the attached, interpleader-plaintiff's motion to deposit funds into the Registry of this Court is granted. Interpleader-plaintiff shall serve a copy of this order and its November 20, 2018 motion on the pro se plaintiff by U.S. Mail and file proof of service on the docket by December 6, 2018. Ordered by Judge Kiyo A. Matsumoto on 12/4/2018. (Mazzurco, Vincent)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
----------------------------------X
SUN LIFE ASSURANCE COMPANY OF
CANADA,
Plaintiff,
-againstESTATE OF PETER VELEZ (Deceased),
DEENA GRAJALES, and MARILYN
FIGUEROA,

ORDER TO DEPOSIT
FUNDS INTO THE
REGISTRY OF THE COURT
17-CV-6054(KAM)(SMG)

Defendants.
----------------------------------X
MATSUMOTO, United States District Judge:
WHEREAS, Interpleader-Plaintiff Sun Life Assurance
Company of Canada (“Sun Life”) has filed a statutory
interpleader action in the above captioned matter under 28
U.S.C. § 1335 concerning a dispute over $110,000 in life
insurance proceeds (the “Proceeds”);
WHEREAS, Sun Life seeks to deposit the Proceeds into
the Registry of this Court;
WHEREAS, the deposit of the Proceeds into the Registry
of this Court is a pre-condition to the court having subject
matter jurisdiction over this matter under 28 U.S.C. § 1335, and
the court having considered the papers on file, and for good
cause shown:

1

IT IS SO ORDERED, that Sun Life deposit a check for
$110,000, made payable to the Clerk of the Court, Eastern
District of New York, into the Registry of this Court.

This sum

shall represent the life insurance proceeds due under Sun Life’s
group term insurance policy number 90638-001 issued to Bed, Bath
& Beyond; and it is further
ORDERED, that as soon as the business of the Clerk’s
office allows, the Clerk shall deposit the sum of $110,000 into
the Court Registry Investment System, Interest Bearing Account;
and it is further
ORDERED, that the Clerk shall deduct from the income
on the investment a fee equal to ten percent (10%) of the income
earned, but not exceeding the fee authorized by the Judicial
Conference of the United States and set by the Director of the
Administrative Office, pursuant to Local Civil Rule 67.1; and it
is further
ORDERED, that in all other respects the Proceeds,
including all interest earned thereon up to and including the
date of withdrawal, shall be held pending further order of the
court; and it is further

2

ORDERED that Sun Life shall serve a copy of this order
on the Clerk and the Financial Deputy of this Court pursuant to
Local Civil Rule 67.1.

SO ORDERED.
Dated:

December 4, 2018
Brooklyn, New York

/s/
Kiyo A. Matsumoto
United States District Judge

3