State Farm Life and Assurance Company v. Epps et al

Filing 40

ORDER ACCEPTING the 38 Report and Recommendation; PERMITTING Plaintiff to deposit the Policy's $100,000 death benefit proceeds with the Court, less $2,000 that this Court grants Plaintiff in attorneys' fees; DISCHARGING Plainti ff from any further liability to Defendants under the Policy; DISMISSING Plaintiff from this action with prejudice; ENJOINING Defendants from commencing any further litigation against Plaintiff relative to the Policy's proceeds; ALL upon deposit of proceeds with the Court; COMPELLING Defendants to litigate their competing claims to the Policy's proceeds. Signed by William M. Skretny, Chief Judge on 7/21/2013. - CLERK TO FOLLOW UP - (MEAL)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
STATE FARM LIFE
COMPANY, INC.,

AND

ASSURANCE

Plaintiff,
v.

ORDER
12-CV-380S

RONALD T. EPPS, DONTE R. SMITH,
DOUGLAS JOHNSON, as Parent and Guardian
of Travante D. Johnson, TRAVANTE D.
JOHNSON, individually, MARY MOSS, as
Guardian of Armontae Moss, ARMONTAE
MOSS, individually, and MARY MOSS,
individually and as Custodian Under New York
Uniform Transfers to Minors Act for Donte R.
Smith, Travante D. Johnson, and Armontae
Moss,
Defendants.

1.

On April 30, 2012, Plaintiff commenced this action seeking interpleader relief

as an innocent stakeholder facing multiple liability arising from Defendants’ competing
claims to a life insurance policy (“the Policy”) issued by Plaintiff to Angela Moss. Plaintiff
filed a motion on September 28, 2012, seeking an order that, among other things, permits
it to deposit with the Court the death benefit payable under the Policy and dismisses it from
the action with prejudice.
2.

On May 23, 2013, this Court referred Plaintiff’s motion to the Honorable

Leslie G. Foschio, United States Magistrate Judge, to prepare and file a report and
recommendation containing findings of fact, conclusions of law and a recommended
disposition of the motion pursuant to 28 U.S.C. § 636(b)(1)(B) and (C).

3.

On June 10, 2013, Judge Foschio filed a Report and Recommendation

recommending that Plaintiff’s motion be granted in its entirety.
4.

No objections to the Report and Recommendation were received from any

party within fourteen (14) days from the date of its service, in accordance with 28 U.S.C.
§ 636(b)(1)(C) and Rule 72(b) of the Federal Rules of Civil Procedure and the Local Rules
of Civil Procedure of this Court.
IT HEREBY IS ORDERED, that this Court accepts Judge Foschio’s Report and
Recommendation (Docket No. 38) in its entirety and Plaintiff’s motion for interpleader relief
(Docket No. 19) is GRANTED;
FURTHER, that Plaintiff is permitted to deposit the Policy’s $100,000 death benefit
proceeds with the Court, less $2,000 that this Court grants Plaintiff in attorneys’ fees;
FURTHER, that, upon its deposit of proceeds with the Court, Plaintiff is discharged
from any further liability to Defendants under the Policy, Plaintiff is dismissed from this
action with prejudice, and Defendants are enjoined from commencing any further litigation
against Plaintiff relative to the Policy’s proceeds;
FURTHER, that Defendants are compelled to litigate their competing claims to the
Policy’s proceeds.
SO ORDERED.
Dated: July 21, 2013
Buffalo, New York
/s/William M. Skretny
WILLIAM M. SKRETNY
Chief Judge
United States District Court

2