State Farm Life Insurance Company v. Hooks et al

Filing 64

AMENDED ORDER ADOPTING REPORT AND RECOMMENDATIONS for 62 Report and Recommendations. Signed by Judge Michael H. Schneider on 8/18/14. (bas, )

IN THE UNITED STATES DISTRICT COURT
OF THE EASTERN DISTRICT OF TEXAS
TEXARKANA DIVISION
STATE FARM INSURANCE COMPANY§
Plaintiff
§
§
V.
§
§
PHILIP EDWARD HOOKS, Executor §
of the Estate of Norma Wherry, Deceased,§
BRENDA PRUITT LEVELLS, and
§
JEROME LEAKE, Individually and as §
Guardian of M.L., J.L., and J.L., Minors §
Defendants
§

No. 5:07CV109

AMENDED ORDER
The above-entitled and numbered civil action was heretofore referred to United States
Magistrate Judge Caroline M. Craven pursuant to 28 U.S.C. § 636. The Report of the Magistrate
Judge which contains her proposed findings of fact and recommendations for the disposition of such
action has been presented for consideration. No objections have been filed to the Report and
Recommendation.
The Court is of the opinion the findings and conclusions of the Magistrate Judge are correct.
Therefore, the Court hereby adopts the Report of the United States Magistrate Judge as the findings
and conclusions of this Court. The Court further approves the following modified schedule of
distributions of the annuity for Mya Joy Leake:
Distribution Amount

Distribution Date

Fifty Percent (50%) of the case surrender value

August 15, 2014

The remaining balance

April 27, 2017

Accordingly, it is hereby
ORDERED that Motion Request to Release Funds (Dkt. No. 58) and Supplemental Motion

.
to Release Funds (Dkt. No. 59) are GRANTED. It is further
ORDERED that ING USA Annuity and Life Insurance Company release half of the cash
surrender value of Mya Joy Leake’s annuity (contract # 90285803) on August 15, 2014 and the other
half on April 27, 2017.
It is SO ORDERED.
SIGNED this 18th day of August, 2014.

____________________________________
MICHAEL H. SCHNEIDER
UNITED STATES DISTRICT JUDGE

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