John Hancock Life Insurance Company (U.S.A.) v. Schroeder et al

Filing 28

ORDER (memorandum filed previously as separate docket entry). IT IS HEREBY ORDERED THAT plaintiff John Hancocks original request for entry of default and motion for discharge in interpleader, (Doc. 8), is DENIED AS MOOT. Plaintiff John Hancocks amend ed request for entry of default, (Doc. 25), is GRANTED with respect to defendant Bertrand Albert Schroeder. The response to the plaintiffs complaint, (Doc. 22), filed by defendant Damon Bertrand King and defendant Johnathan Vincent King is accepted a s timely filed nunc pro tunc.DEFAULT IS HEREBY ENTERED AGAINST defendant Bertrand Albert Schroeder regarding plaintiff John Hancocks complaint, (Doc. 1).IT IS ALSO ORDERED THAT the plaintiff John Hancocks amended motion for discharge in interpleader, (Doc. 25), as to its complaint, (Doc. 1), is GRANTED.IT IS FURTHER ORDERED THAT: plaintiff John Hancock, within fourteen (14) days of the date of this Order, shall deposit the proceeds of the death benefit of the Annuity Contract No. 55004336 to the Registry of the Court, until the entry of a final judgment in this action and the expiration of any appeal period in connection therein; defendants are enjoined from commencing any actions against plaintiff John Hancock or asserting any claims in co nnection with the Annuity or related thereto; defendant Damon Bertrand King, individually, and as the POA of defendant Johnathan Vincent King, has interpleaded in this action a claim to the Annuity proceeds, and shall be the plaintiff herein; and pla intiff John Hancock is DISCHARGED from all liability in connection with, arising out of, or relating to the Annuity proceeds, subject only to its obligation to comply with any final, non-appealable judgment entered in this action.FINALLY, IT IS ORDER ED THAT after the Annuity proceeds are deposited into the Registry of the Court, plaintiff John Hancock is DISMISSED from this action. Damon Bertrand King, individually, and as the POA of Johnathan Vincent King, will then be docketed by the clerk of court as the plaintiff and Bertrand Albert Schroeder will be docketed as the defendant. Signed by Honorable Malachy E Mannion on 9/8/15. (bs)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF PENNSYLVANIA
JOHN HANCOCK LIFE INS. CO.,

:
:

Plaintiff,

CIVIL NO. 3:15-cv-0648
:

v.
:
BERTRAND ALBERT SCHROEDER,
et al.,
:
Defendants.

(JUDGE MANNION)

:
ORDER

In light of the foregoing Memorandum, IT IS HEREBY ORDERED THAT
plaintiff John Hancock’s original request for entry of default and motion for
discharge in interpleader, (Doc. 8), is DENIED AS MOOT. Plaintiff John
Hancock’s amended request for entry of default, (Doc. 25), is GRANTED with
respect to defendant Bertrand Albert Schroeder. The response to the
plaintiff’s complaint, (Doc. 22), filed by defendant Damon Bertrand King and
defendant Johnathan Vincent King is accepted as timely filed nunc pro tunc.
DEFAULT IS HEREBY ENTERED AGAINST defendant Bertrand Albert
Schroeder regarding plaintiff John Hancock’s complaint, (Doc. 1).
IT IS ALSO ORDERED THAT the plaintiff John Hancock’s amended
motion for discharge in interpleader, (Doc. 25), as to its complaint, (Doc. 1),
is GRANTED.
IT IS FURTHER ORDERED THAT: plaintiff John Hancock, within
fourteen (14) days of the date of this Order, shall deposit the proceeds of the
death benefit of the Annuity Contract No. 55004336 to the Registry of the

Court, until the entry of a final judgment in this action and the expiration of any
appeal period in connection therein; defendants are enjoined from
commencing any actions against plaintiff John Hancock or asserting any
claims in connection with the Annuity or related thereto; defendant Damon
Bertrand King, individually, and as the POA of defendant Johnathan Vincent
King, has interpleaded in this action a claim to the Annuity proceeds, and
shall be the plaintiff herein; and plaintiff John Hancock is DISCHARGED from
all liability in connection with, arising out of, or relating to the Annuity
proceeds, subject only to its obligation to comply with any final,
non-appealable judgment entered in this action.
FINALLY, IT IS ORDERED THAT after the Annuity proceeds are
deposited into the Registry of the Court, plaintiff John Hancock is DISMISSED
from this action. Damon Bertrand King, individually, and as the POA of
Johnathan Vincent King, will then be docketed by the clerk of court as the
plaintiff and Bertrand Albert Schroeder will be docketed as the defendant.

s/ Malachy E. Mannion
MALACHY E. MANNION
United States District Judge
Date: September 8, 2015
O:\Mannion\shared\MEMORANDA - DJ\CIVIL MEMORANDA\2015 MEMORANDA\15-0648-01-Order.wpd

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