Morrison v. Walters et al

Filing 8

CONSENT ORDER OF INTERPLEADER. Signed by the Honorable R. Bryan Harwell on 4/3/2015. (hcic, ) (Main Document 8 replaced on 4/3/2015 with corrected document provided by Chambers) (hcic, ).

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
FLORENCE DIVISION
Andrew D. Morrison, Personal Representative
of the Estate of Donnie Ray Morrison

Plaintiff,

Case Number: 4:15-cv-01366-RBH

CONSENT ORDER
OF INTERPLEADER

vs.
Deborah C. Walters, a/k/a Deborah C.
Cashwell, and Duke Energy,
Defendants.
This matter comes before the Court on Motion by Defendant Duke Energy COLI Benefit
Program for CP&L Employees (hereinafter referred to as the “Duke Energy COLI Plan” or The
“Plan”) a component plan under the Duke Energy Active Health & Welfare Benefit Plans,
(improperly identified in the Plaintiff’s Complaint as “Duke Energy”), for an order granting
interpleader of certain Plan benefits in dispute in this case and releasing Duke Energy COLI Plan
from further liability as to those Plan benefits. Duke Energy COLI Plan provides a $10,000
taxable lump sum cash payment to the beneficiaries of individuals who were eligible employees
of Carolina Power and Light Company on May 14, 1990 and who did not submit an election on
or before May 25, 1990 to waive participation in the Plan. According to the allegations of the
Complaint, this action involves competing claims by the Plaintiff and Defendant Deborah C.
Walters, a/k/a Deborah C. Cashwell (“Cashwell”) as to the benefits payable, as a result of the
death of Donnie Ray Morrison (“Decedent”) a participant in the Plan. In response to Plaintiff’s
Complaint, Defendant Duke Energy COLI Plan asserted a counterclaim and cross claim for
interpleader 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 this Motion.

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that Defendant Duke
Energy COLI Benefit Program for CP&L Employees interplead the $10,000.00 benefit into the
Court through the Office of the Clerk of Court. It is further ordered that the Duke Energy COLI
Benefit Program for CP&L Employees, the Duke Energy Active Health & Welfare Benefit
Plans, and Duke Energy Corporation are discharged from any and all liability as to any claims to
the benefits in question and that Plaintiff and Defendant Cashwell are enjoined from instituting
and/or pursuing any action or proceeding in any state or federal court against the Duke Energy
COLI Benefit Program for CP&L Employees, the Duke Energy Active Health & Welfare Benefit
Plans, and Duke Energy Corporation for the recovery of the Plan benefits payable as a consequence
of the death of the Decedent. Finally, it is ordered that the Defendant Duke Energy COLI Benefit
Program for CP&L Employees is dismissed from this action, with prejudice and the action is to be
continued as between the Plaintiff and Defendant Deborah C. Walters a/k/a Deborah C. Cashwell to
determine the correct beneficiary of the Proceeds.
IT IS SO ORDERED.

s/ R. Bryan Harwell
R. Bryan Harwell
United States District Judge
Florence, South Carolina
Dated: April 3, 2015

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