The Prudential Insurance Company of America v. Curtis et al

Filing 84

ORDER granting 83 JOINT FOR APPROVAL OF STIPULATION & SETTLEMENT FOR DISTRIBUTION OF INTERPLEADER FUNDS INVOLVING MINOR DEFENDANT(S). IT IS ORDERED THAT 1. The joint motion for approval of the stipulation and settlement for distribution of interple ader funds involving a minor is GRANTED; 2. The Policy Proceeds shall be paid in the sums set forth as follows: (a) Defendant Ryan Curtis is awarded $15,000.00 from the Policy Proceeds, and the Clerk of the Court shall pay such amount by check m ade payable to Ryan Curtis and deliverable to his address on record with the Court; (b) Defendant Christian Metzger is awarded $15,000.00 from the Policy Proceeds, and the Clerk of the Court shall pay such amount by check made payable to Christi an Metzger and deliverable to his address on record with the Court; (c) Defendant Joshua Lawler is awarded $15,000.00 from the Policy Proceeds, and the Clerk of the Court shall pay such amount by check made payable to Joshua Lawler and deliverab le to his address on record with the Court; (d) Defendant Kaela Hostetler is awarded $15,000.00 from the Policy Proceeds, and the Clerk of the Court shall pay such amount by check made payable to Kaela Hostetler and deliverable to her address on record with the Court; (e) Defendant Z.R. is awarded $15,000.00 from the Policy Proceeds, and the Clerk of the Court shall pay such amount by check to Z.R.'s attorney of record for distribution in accordance with this Order; (f) Defendant S.L. is awarded $15,000.00 from the Policy Proceeds, and the Clerk of the Court shall pay such amount by check to S.L.'s attorney of record for distribution in accordance with this Order; (g) Defendant Gerald Curtis is awarded the remainder of the Policy Proceeds, plus all interest accrued, and the Clerk of the Court shall pay such amount by check made payable to Gerald Curtis and deliverable to his counsel of record; (3) The guardians ad litem appointed for defendants Z.R. and S.L. sh all be DISCHARGED upon the respective minors' reaching of the age of majority; (4) Any request by the guardians ad litem for fees and costs shall be paid from the Policy Proceeds in accordance with Local Rule 17.1. Signed by Judge David N. Hurd on August 1, 2022. (Copy served via regular mail on Pro Se Parties)(ztc, )

Case 6:21-cv-00701-DNH-ML Document 84 Filed 08/01/22 Page 1 of 5

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
-------------------------------THE PRUDENTIAL
INSURANCE COMPANY
OF AMERICA,
Plaintiff,
-v-

6:21-CV-701

GERALD L. CURTIS, RYAN
CURTIS, CHRISTIAN METZGER,
Z.R., JOSHUA LAWLER, KAELA
HOSTETLER, S.L., and THE
ESTATE OF ANTONIO M. CURTIS,
Defendants.
-------------------------------DAVID N. HURD
United States District Judge
ORDER ON STIPULATION
On June 15, 2021, plaintiff Prudential Insurance Company of America
(“Prudential”), an insurer that provided life insurance coverage to decedent
Antonio M. Curtis (the “Insured”) while he was a servicemember, filed this
interpleader 1 action against the Estate of Antonio M. Curtis, decedent’s uncle
1 Interpleader “forces the claimants to contest what essentially is a controversy between

them.” Pacnet Servs. Ltd. v. Off. of Foreign Assets Control of United States Dep't of the Treasury, 521
F. Supp. 3d 181, 198 (E.D.N.Y. 2021) (citation omitted). Courts follow a two-step process in an
interpleader action. “At the first stage, the Court determines whether the jurisdictional
requirements of § 1335 are met and, if so, discharges the plaintiff from liability.” Id. “At the second
stage of the interpleader process, the Court adjudicates the parties’ adverse claims on the
merits.” Id. (cleaned up).

Case 6:21-cv-00701-DNH-ML Document 84 Filed 08/01/22 Page 2 of 5

Gerald L. Curtis, and decedent’s six surviving siblings: Ryan Curtis,
Christian Metzger, Joshua Lawler, Kaela Hostetler, Z.R., and S.L.
On January 11, 2022, the parties jointly moved for three distinct forms of
relief: (1) an Order appointing attorney representatives for the two minor
defendants; (2) an Order dismissing the unopened Estate of Antonio M.
Curtis from this action; (3) an Order granting interpleader relief to
Prudential. 2 Dkt. No. 54.
On February 10, 2022, U.S. Magistrate Judge Miroslav Lovric held an
initial conference with the parties. Text Minute Entry for 2/10/22. There,
Judge Lovric (1) granted the parties’ request to appoint counsel for the minor
defendants, (2) denied the parties’ request for leave to dismiss the unopened
Estate, and (3) held in abeyance Prudential’s request for interpleader relief
pending the appearance of the guardians ad litem. Id.; see also Dkt. No. 61.
On May 12, 2022, Judge Lovric held a conference in which all the parties
and their representatives were present. See Text Minute Entry for 5/12/22.
There, Judge Lovric lifted the stay as to Prudential’s request for interpleader
relief. Id. At that time, the parties notified Judge Lovric that they had
“reached a global settlement” and were preparing “settlement papers” for
final review and approval. Id.; Dkt. No. 72.

2 Prudential later filed a supplement to this joint motion. Dkt. No. 74.

-2-

Case 6:21-cv-00701-DNH-ML Document 84 Filed 08/01/22 Page 3 of 5

On June 27, 2022, the Court-appointed guardian ad litem for defendant
Z.R. filed a letter requesting to be relieved as counsel effective June 30. Dkt.
No. 75. As the letter explained, minor defendant Z.R. would soon attain the
age of majority and “be able to speak for himself with respect to the proposed
settlement.” Id.
On June 29, 2022, this Court denied without prejudice the request to be
relieved as counsel, dismissed as a defendant the Estate of Antonio M. Curtis,
granted Prudential’s motion for interpleader relief, and directed the
remaining parties to file a copy of their executed settlement agreement
within thirty days of the date of this Order. Dkt. No. 76; see also Dkt. No. 79.
On July 29, 2022, the parties jointly moved for approval of a stipulation
that would settle their dispute over the appropriate distribution of the
interpleader funds (the “Policy Proceeds”). Dkt. No. 83.
Upon review of the filings and supporting documentation, it is
ORDERED that
1. The joint motion for approval of the stipulation and settlement for
distribution of interpleader funds involving a minor is GRANTED;
2. The Policy Proceeds shall be paid in the sums set forth as follows:
(a) Defendant Ryan Curtis is awarded $15,000.00 from the Policy
Proceeds, and the Clerk of the Court shall pay such amount by check

-3-

Case 6:21-cv-00701-DNH-ML Document 84 Filed 08/01/22 Page 4 of 5

made payable to “Ryan Curtis” and deliverable to his address on record
with the Court;
(b) Defendant Christian Metzger is awarded $15,000.00 from the Policy
Proceeds, and the Clerk of the Court shall pay such amount by check
made payable to “Christian Metzger” and deliverable to his address on
record with the Court;
(c) Defendant Joshua Lawler is awarded $15,000.00 from the Policy
Proceeds, and the Clerk of the Court shall pay such amount by check
made payable to “Joshua Lawler” and deliverable to his address on
record with the Court;
(d) Defendant Kaela Hostetler is awarded $15,000.00 from the Policy
Proceeds, and the Clerk of the Court shall pay such amount by check
made payable to “Kaela Hostetler” and deliverable to her address on
record with the Court;
(e) Defendant Z.R. is awarded $15,000.00 from the Policy Proceeds, and
the Clerk of the Court shall pay such amount by check to Z.R.’s
attorney of record for distribution in accordance with this Order;
(f) Defendant S.L. is awarded $15,000.00 from the Policy Proceeds, and the
Clerk of the Court shall pay such amount by check to S.L.’s attorney of
record for distribution in accordance with this Order;

-4-

Case 6:21-cv-00701-DNH-ML Document 84 Filed 08/01/22 Page 5 of 5

(g) Defendant Gerald Curtis is awarded the remainder of the Policy
Proceeds, plus all interest accrued, and the Clerk of the Court shall pay
such amount by check made payable to “Gerald Curtis” and deliverable
to his counsel of record;
(3) The guardians ad litem appointed for defendants Z.R. and S.L. shall be
DISCHARGED upon the respective minors’ reaching of the age of majority;
(4) Any request by the guardians ad litem for fees and costs shall be paid
from the Policy Proceeds in accordance with Local Rule 17.1
IT IS SO ORDERED.
Dated: August 1, 2022
Utica, New York.

-5-