Metropolitan Life Insurance Company v. Claus et al

Filing 24

ORDER ADOPTING REPORT AND RECOMMENDATIONS. Accordingly, plaintiffs motion for default judgment (Doc. 13) is GRANTED as to Defendants Deborah A. Durstock and Russell J. Claus, Jr. Plaintiffs motion for leave to make deposit and for dismissal with pr ejudice (Doc. 14) is GRANTED. The Clerk is ORDERED to accept and deposit into the Registry of the Court $17, 247.60, plus any applicable interest (Remaining Plan Benefits). The Clerk is ORDERED to promptly and properly invest said monies as pr ovided by S.D. Ohio Civ. R. 77.2. Each of the Defendants are enjoined and restrained from instituting any action against Plaintiff, Metropolitan Life Insurance Company, General Electric Company, the Plan, and/or their affiliates or successors for th e recovery of the Remaining Plan Benefits. Upon the deposit of the Remaining Plan Benefits Plaintiff, Metropolitan Life Insurance Company is dismissed with prejudice as a party to this action, and Plaintiff, General Electric Company, and the Plan ar e released from any and all claims or liability for the Remaining Plan Benefits payable under the Plan as a result of the death of the Decedent Russell J. Claus. Defendants Barbara A. Claus, Russell S. Ruehl, Randolph B. Ruehl and Kandice N. Smith must file cross motions for judgment within 30 days of the entry date of this order or forfeit their claims to the Remaining Plan Benefits. (wam1, ) (Additional attachment(s) added on 1/30/2009: # 1 Certified Mail Receipt) (jweb1, ).