Metropolitan Life Insurance Company v. Gonzalez et al

Filing 15

CONSENT ORDER OF INTERPLEADER granting 14 Consent MOTION for Interpleader and Dismissal, directing the plaintiff to deposit the $190,000.00 plus any applicable interest into the Court through the Office of the Clerk of Court and dismissing the plaintiff, with prejudice, from the action. Signed by Honorable Joseph F. Anderson, Jr. on 05/28/2016.(bshr, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
COLUMBIA DIVISION
Metropolitan Life Insurance Company,
C.A. No.: 3:16-CV-00174-JFA
Plaintiff,
v.

CONSENT ORDER OF
INTERPLEADER

Jose M. Gonzalez, Steve J. Wigley, L. K., a
minor, A. G., a minor, and J. G., a minor,
Defendants.

This matter comes before the Court on Motion by Plaintiff Metropolitan Life Insurance
Company (hereinafter “MetLife”), for an order granting interpleader of certain Group Retiree
Optional Life Insurance benefit proceeds in dispute in this case and releasing MetLife, the State of
South Carolina Budget and Control Board and the South Carolina Public Employee Benefit
Authority Retiree Optional Life Insurance Closed Group - Plan 1 from further liability as to the
benefits in dispute. According to the allegations of the Complaint, this action involves competing
claims by Defendant Jose M. Gonzalez, Defendant Steve J. Wigley, and Minor Defendants, L. K.,
A. G., and J. G., to the Group Retiree Optional Life Insurance benefit proceeds valued at
$190,000.00 at the time the Complaint was filed and payable, as a result of the death of Ermelle
King-Gonzalez (the “Decedent”).
MetLife instituted this interpleader action to protect itself against double liability as to the
benefits, and the Court finds that interpleader is appropriate. The record reflects that all parties
have consented to the Motion.
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that Plaintiff
Metropolitan Life Insurance Company interplead the $190,000.00 plus any applicable interest into

the Court through the Office of the Clerk of Court, this amount representing the value of the Group
Retiree Optional Life Insurance benefit proceeds at the time of the consent by all parties to
interplead these funds.
It is further ordered that Metropolitan Life Insurance Company, the State of South Carolina
Budget and Control Board and the South Carolina Public Employee Benefit Authority Retiree
Optional Life Insurance Closed Group - Plan 1 are discharged from any and all liability as to any
claims to the benefits in question and that Defendant Jose M. Gonzalez, Defendant Steve J. Wigley,
and Minor Defendants, L. K., A. G., and J. G., are enjoined from instituting and/or pursuing any
action or proceeding in any state or federal court against Metropolitan Life Insurance Company,
the State of South Carolina Budget and Control Board and the South Carolina Public Employee
Benefit Authority Retiree Optional Life Insurance Closed Group - Plan 1 to recovery of the Group
Retiree Optional Life Insurance benefit proceeds payable as a consequence of the death of
Decedent.
Finally, it is ordered that Plaintiff Metropolitan Life Insurance Company is dismissed from
this action, with prejudice, and the action is to be continued as between Defendant Jose M.
Gonzalez, Defendant Steve J. Wigley, and Minor Defendants, L. K., A. G., and J. G. to determine
the correct beneficiary of the Group Retiree Optional Life Insurance benefit proceeds.
IT IS SO ORDERED.

May 28, 2015
Columbia, South Carolina

Joseph F. Anderson, Jr.
United States District Judge

(Signature Page Follows)

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I SO MOVE,
s/ J. D. Quattlebaum
J. D. Quattlebaum, Fed. ID No. 5252
Haynsworth Sinkler Boyd, P.A.
ONE North Main Street, 2nd Floor (29601)
P.O. Box 2048
Greenville, SC 29602
[phone]
[phone] (facsimile)
ATTORNEYS FOR PLAINTIFF
Dated: 04/12/2016
Greenville, South Carolina

WE CONSENT,
s/ Clinch H. Belser, Jr.
Clinch H. Belser, Jr.
Belser & Belser
P.O. Box 90
Columbia, SC 29202
[phone]
[e-mail]
ATTORNEYS FOR DEFENDANT STEVE J. WIGLEY
Dated: 04/12/2016
Columbia, South Carolina
s/ Tucker S. Player
Tucker S. Player
Player Law Firm, LLC
1415 Broad River Road
Columbia, SC 29210
[phone]
[e-mail]
ATTORNEYS FOR DEFENDANTS
JOSE M. GONZALEZ, L. K. A MINOR, A.G., A MINOR AND
J. G., A MINOR
Dated: 04/12/2016
Columbia, South Carolina

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