Principal Life Insurance Company v. Ellison et al

Filing 30

ORDER STAYING CASE. Signed by Senior Judge W. Earl Britt on 6/25/2013. Copy mailed to all pro se parties via US Mail at addresses on record. (Marsh, K)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
NO: 5:12-CV-00475-BR
PRINCIPAL LIFE INSURANCE COMPANY,
Plaintiff,
v.
ROBERT TERRY ELLISON,
TABATHA ELLISON JONES,
EDWARDYNE ANN ELLISON III,
Defendants.

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ORDER

This matter is before the court on the response of defendant Robert Terry Ellison to the
court’s 29 April 2013 order. (DE # 26.) In that order, the court directed Ellison to show cause
why the life insurance policy proceeds currently on deposit with the Clerk should not be
distributed equally between defendants Tabatha Ellison Jones and Edwardyne Ann Ellison III
and why he should not be barred from receiving any of those proceeds. (DE # 25.) Ellison
responds that he disputes the claim to the proceeds of defendants Jones and Edwardyne Ellison
and that he, as the legal beneficiary and son of the decedent/insured Edwardyne Ann Williams, is
entitled to proceeds until it is established by a court of competent jurisdiction that he is a
“slayer” under N.C. Gen. Stat. § 31A-3. Because Ellison disputes the claim and because the first
degree murder proceedings against him in Cumberland County Superior Court remain pending,
this case is hereby STAYED pending the resolution of those criminal proceedings. Upon

conclusion of the criminal proceedings, a party shall notify the court in writing of the result.
This 25 June 2013.

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W. Earl Britt
Senior U.S. District Judge

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