THE PRUDENTIAL INSURANCE COMPANY OF AMERICA v. EISEN et al

Filing 23

MEMORANDUM AND ORDER THAT THE DEFENDANTS' MOTION FOR JUDGMENT ON THE PLEADINGS (DOC. NO.16) IS GRANTED AND DEFENDANT PAUL OWENS'S RESPONSE TO AND CROSS-MOTION FOR JUDGMENT ON THE PLEADINGS OR, IN THE ALTERNATIVE, MOTION FOR SUMMARY JUDGMENT PURSUANT TO FED.R.C.P. 56 (DOC. NO.18) IS DENIED. SUMMARY JUDGMENTIS ENTERED IN FAVOR OF THE BARNETTS AND AGIANST OWENS. THE COURT FURTHER DECLARES THAT THE BARNETTS ARE THE SOLE AND ABSOLUTE BENEFICIARIES OF THE PROCEEDS OF EISEN'S LIFE INSURA NCE POLICY PURCHASED FROM PLAINTIFF PRUDENTIAL INSURANCE COMPANY OF AMERICA. THE COURT HEREBY DIRECTS PURDENTIAL TO PAY THE FULL PROCEEDS OF THE LIFE INSURANCE POLICY TO THE BARNETTS. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 3/15/2012. 3/15/2012 ENTERED AND COPIES E-MAILED. (kk, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA

THE PRUDENTIAL INSURANCE
COMPANY OF AMERICA,
Plaintiff,
v.
JULIE EISEN, JASON BARNETT,
JARED BARNETT, PAUL BARNETT, LORI
BARNETT, and PAUL OWENS,
Defendants.

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CIVIL ACTION

NO. 11-05872

ORDER
AND NOW, this 15th day of March, 2012, upon consideration of Defendants Julie Eisen,
Jason Barnett, Jared Barnett, Paul Barnett, and Lori Barnett’s (“the Barnetts”) Motion Pursuant to
Federal Rule of Civil Procedure 12(c) for Judgement [sic] on the Pleadings (Docket No. 16) and
Defendant Paul Owens’s (“Owens”) Response to and Cross-Motion for Judgment on the Pleadings
Or, In the Alternative, Motion for Summary Judgment Pursuant to Federal Rule of Civil Procedure
56 (Docket No. 18), it is hereby ORDERED that:
1.

Pursuant to Federal Rule of Civil Procedure 12(d),1 the Barnetts’ Motion is converted
into a motion for summary judgment, as they have presented and referenced matters
outside the pleadings and all parties have been given reasonable opportunity to
present all materials pertinent to the Motion;

2.

The Barnetts’ Motion Pursuant to Federal Rule of Civil Procedure 12(c) for
Judgment [sic] on the Pleadings (Docket No. 16) and Owens’s Response to and
Cross-Motion for Judgment on the Pleadings Or, In the Alternative, Motion for

1

“If, on motion under Rule 12(b)(6) or 12(c), matters outside the pleadings are presented
to and not excluded by the court, the motion must be treated as one for summary judgment under
Rule 56. All parties must be given reasonable opportunity to present all the material that is
pertinent to the motion.” Fed. R. Civ. P. 12(d).

Summary Judgment Pursuant to Federal Rule of Civil Procedure 56 (Docket No. 18)
are considered by the Court to be cross-motions for summary judgment under Federal
Rule of Civil Procedure 56;
3.

The Barnetts’ Motion Pursuant to Federal Rule of Civil Procedure 12(c) for
Judgment [sic] on the Pleadings (Docket No. 16) is GRANTED, and Owens’s
Response to and Cross-Motion for Judgment on the Pleadings Or, In the Alternative,
Motion for Summary Judgment Pursuant to Federal Rule of Civil Procedure 56
(Docket No. 18) is DENIED;

4.

SUMMARY JUDGMENT IS ENTERED in favor of the Barnetts and against
Owens. The Court further DECLARES that the Barnetts are the sole and absolute
beneficiaries of the proceeds of Eisen’s life insurance policy purchased from Plaintiff
Prudential Insurance Company of America (“Prudential”).

5.

The Court hereby DIRECTS Prudential to pay the full proceeds of the life insurance
policy to the Barnetts.

It is so ORDERED.

BY THE COURT:

s/ Ronald L. Buckwalter
RONALD L. BUCKWALTER, S.J.