Minnesota Life Insurance Company v. Rings et al

Filing 58

ORDER FINDING AS MOOT 44 Motion for Leave to File Motion for Leave to Deposit Funds in an Interest-Bearing Account, Injunction, and Dismissal of Plainitff with Prejudice and GRANTING 56 Judy Rings' Motion for Summary J udgment. The Court DISMISSES the counterclaims of Chase Lee and Estate of Teresa Lee Rings and ORDERS Minnesota Life Insurance Company to deposit the full amount of the death benefits from the two subject life insurance policies together with the interest specified in the policies, to be paid by the Clerk of Courts to counsel for Judy Rings. This action is CLOSED. Signed by Magistrate Judge Chelsey M. Vascura on 9/7/2017. (kdp)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION

MINNESOTA LIFE INSURANCE COMPANY,
Plaintiff,
v.
Civil Action 2:16-cv-149
Magistrate Judge Chelsey M. Vascura
JUDY RINGS, et al.,
Defendants.

ORDER
This matter is before the Court on Defendant Judy Rings’ second Motion for Summary
Judgment. Ms. Rings filed the motion pursuant to an Order by United States Magistrate Judge
Terence P. Kemp after he had granted summary judgment to Ms. Rings on her claim that she is the
proper beneficiary of the life insurance proceeds that are the subject of this interpleader action.
Ms. Rings’ current motion, which she filed within the time specified by Magistrate Judge Kemp,
seeks summary judgment with respect to the counterclaims of the other defendants, Chase Lee and
the Estate of Teresa Rings.
Those counterclaims are the only remaining claims in this action and all that stand in the
way of the payment of the subject life insurance proceeds to Judy Rings. Magistrate Judge Kemp
observed in his March 7, 2017 Opinion and Order granting Judy Rings’ first motion for summary
judgment that Defendants Chase Lee and Estate of Teresa Lee Rings have asserted their
counterclaims to the life insurance proceeds and that they have not withdrawn those counterclaims
in spite of representations from Plaintiff Minnesota Life Insurance Company that the issues raised

by the counterclaimants have been resolved. After Judy Rings filed her current motion, this
matter was transferred to the docket of the Undersigned.
Defendants Chase Lee and Estate of Teresa Lee Rings have been silent in the face of Judy
Rings’ motion for summary judgment with respect to their counterclaims, and the time set by
Magistrate Judge Kemp for their response has long since passed. The Court has considered
Magistrate Judge Kemp’s March 7 Opinion and Order and Judy Rings’ well-supported motion and
agrees with Magistrate Judge Kemp that Ms. Rings is the only proper beneficiary of the proceeds
of the subject life insurance policies. Because Chase Lee and the Estate of Teresa Lee Rings have
not opposed or otherwise responded to Judy Rings’ motion, they have done nothing to disabuse the
Court of that conclusion.
Accordingly, the Court hereby GRANTS Judy Rings’ Motion for Summary Judgment
(ECF No. 56) and DISMISSES the counterclaims of Chase Lee and Estate of Teresa Lee Rings.
The Court ORDERS Minnesota Life Insurance Company to deposit the full amount of the death
benefits from the two subject life insurance policies together with the interest specified in the
policies, to be paid by the Clerk of Courts to counsel for Judy Rings. Plaintiff’s Motion for Leave
to File a Motion for Leave to Deposit Funds in an Interest-Bearing Account, Injunction, and
Dismissal of Plaintiff with Prejudice (ECF No. 44) is MOOT. This action is CLOSED.
IT IS SO ORDERED.

/s/ Chelsey M. Vascura
CHELSEY M. VASCURA
UNITED STATES MAGISTRATE JUDGE

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