The Prudential Insurance Company of America v. Perkins et al

Filing 14

ORDER granting Prudential's motion for entry of consent jdgmt 13 , directing Prudential to w/in 21 days pay Kristopher Perkins, Tara Perkins & Krystina Perkins their respective shares of death benefit & premium refund together w/ their shares of accrued claim interest on death benefit; W/in 21 days of today's date & upon Prudential's receipt of ackn that Tekle agrees to hold CP's portion of benefit in acc w/ the VA Uniform Transfers to Minors Act, Prudential shall pay to Te kle minor deft CP's share of death benefit & premium refund together w/ minor deft CP's share of accrued claim interest on death benefit; CP's guardian ad litem may fully bind CP's interest in this action; Upon entry of this order Kristopher Perkins, Tara Perkins, Krystina Perkins & minor deft CP enjoined from bringing addt'l claims re: instant death against Prudential; Clrk of Ct directed to CLOSE case w/out prejudice upon good cause shown within 60 days to reinstate action if settlement not consummated. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 1/18/17. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
THE PRUDENTIAL LIFE
INSURANCE COMPANY OF
AMERICA,

:
:
:
:
Plaintiff
:
:
v.
:
:
KRISTOPHER PERKINS, TARA
:
PERKINS, C.P., a minor, KRYSTINA :
PERKINS, and ANTONETTA HARRIS, :
in her capacity as temporary guardian :
of C.P., a minor,
:
:
Defendants
:

CIVIL ACTION NO. 1:16-CV-1745
(Chief Judge Conner)

ORDER
AND NOW, this 18h day of January, 2017, upon consideration of the motion
(Doc. 13) filed by plaintiff, the Prudential Life Insurance Company of America
(“Prudential”), for entry of a consent judgment regarding settlements on behalf of
defendants Kristopher Perkins, Tara Perkins, Krystina Perkins, minor defendant
C.P., and Antonetta Harris, in her capacity as temporary guardian of C.P., and the
court observing that federal courts follow the procedures in place in state court in
determining whether to approve a minor’s settlement, see Nice v. Centennial Area
Sch. Dist., 98 F. Supp. 2d 665, 669-70 (E.D. Pa. 2000), and that minor defendant
C.P.’s portion of the settlement will be held by Mekonnen Tekle (“Tekle”) pursuant
to the Virginia Uniform Transfers to Minors Act, VA. CODE ANN. § 64.2-1911, and
that, under Virginia law, “the court in which the matter is pending shall have the
power to approve and confirm” settlements for minor parties if the settlement “is
deemed to be to the interest of the party,” id. § 8.01-424(a), (e), and the court further

observing that each adult party agrees to the terms of the settlement, (Doc. 13-1 at
8-12), and that minor defendant C.P.’s court-appointed guardian ad litem believes
the settlement to be in the minor defendant C.P.’s best interest, (id. ¶ 27), and the
court concluding that the settlement represents a reasonable resolution of the
parties’ dispute, advancing the best interests of minor defendant C.P., it is hereby
ORDERED that:
1.

Prudential’s motion (Doc. 13) for entry of a consent judgment is
GRANTED.

2.

Within 21 days of today’s date, Prudential shall pay to Kristopher
Perkins, Tara Perkins, and Krystina Perkins their respective shares of
the death benefit and the premium refund, together with their shares
of the accrued claim interest on the death benefit.

3.

Within 21 days of today’s date and upon Prudential’s receipt of an
acknowledgement that Tekle agrees to hold C.P.’s portion of the
benefit in accordance with the Virginia Uniform Transfers to Minors
Act, Prudential shall pay to Tekle minor defendant C.P.’s share of the
death benefit and the premium refund, together with minor defendant
C.P.’s share of the accrued claim interest on the death benefit.

4.

C.P.’s guardian ad litem may fully bind C.P.’s interest in this action.

5.

Upon entry of this order, Kristopher Perkins, Tara Perkins, Krystina
Perkins, and minor defendant C.P. are enjoined from bringing
additional claims regarding the instant death benefit against
Prudential.

6.

The Clerk of Court is directed to CLOSE this case, without prejudice,
upon good cause shown within 60 days, to reinstate the action if
settlement is not consummated.

/S/ CHRISTOPHER C. CONNER
Christopher C. Conner, Chief Judge
United States District Court
Middle District of Pennsylvania