Columbus Life Insurance Company v. Walker-Macklin et al

Filing 26

DECISION AND ENTRY ADOPTING THE REPORT AND RECOMMENDATIONS OF THE UNITED STATES MAGISTRATE JUDGE (Doc. 25 ). Signed by Judge Timothy S. Black on 8/24/2016. (mr)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
COLUMBUS LIFE INSURANCE
COMPANY,
Plaintiff,
vs.
SHARON DENISE
WALKER-MACKLIN, et al.,
Defendants.

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Case No. 1:15-cv-535
Judge Timothy S. Black
Magistrate Judge Karen L. Litkovitz

DECISION AND ENTRY
ADOPTING THE REPORT AND RECOMMENDATIONS
OF THE UNITED STATES MAGISTRATE JUDGE (Doc. 25)
This case is before the Court pursuant to the Order of General Reference in the
United States District Court for the Southern District of Ohio Western Division to United
States Magistrate Judge Karen L. Litkovitz. Pursuant to such reference, the Magistrate
Judge reviewed the pleadings filed with this Court and, on July 25, 2016, submitted a
Report and Recommendation. (Doc. 25). No objections were filed
As required by 28 U.S.C. § 636(b) and Fed. R. Civ. P. 72(b), the Court has
reviewed the comprehensive findings of the Magistrate Judge and considered de novo all
of the filings in this matter. Upon consideration of the foregoing, the Court does
determine that such Report and Recommendations should be and is hereby adopted in its
entirety.
Accordingly:
1. Plaintiff’s motion for default judgment against Defendant Robert
Walker (Doc. 9) is GRANTED;

2. Plaintiff’s motion for interpleader, injunction, and dismissal with
prejudice (Doc. 14) is GRANTED; Plaintiff is discharged from further
liability as to the Policy proceeds; and Plaintiff is DISMISSED from
this matter with prejudice;
3. Plaintiff’s motion for attorney fees (Doc. 19) is GRANTED IN PART
and DENIED IN PART and Plaintiff is awarded attorney fees and costs
in the amount of $9,164.75;
4. Defendant Walker-Macklin’s “Motion for Release of Undisputed
Interpleaded Funds to Defendant, Sharon D. Walker-Macklin” (Doc. 12)
is GRANTED IN PART to the extent Defendant seeks the payment of
Policy proceeds and interest, less Plaintiff’s attorney fees and costs, in
the amount of $20,299.77, plus accrued interest;
5. Defendants are PERMANENTLY ENJOINED pursuant to 28 U.S.C.
Section 2361 from instituting or prosecuting any proceeding in state or
federal court that affects the Policy proceeds involved in this
interpleader action; and
6. The Clerk shall enter judgment accordingly, whereupon this case is
TERMINATED on the docket of this Court.
IT IS SO ORDERED.
Date: 8/24/16

s/ Timothy S. Black
Timothy S. Black
United States District Judge

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