Globe Life and Accident Insurance Company v. Sturrock et al

Filing 22

ORDER ADOPTING 20 REPORT AND RECOMMENDATIONS ; granting 4 Motion to Deposit Funds. Signed by District Judge Michael F. Urbanski on 10/18/16. (kld)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
HARRISONBURG DIVISION
GLOBE LIFE AND ACCIDENT
INSURANCE COMPANY,
Plaintiff,

v.
SHERRY STURROCK, et al.,
Defendants.

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Civil Action No. 5:16-cv-28

By: Hon. Michael F. Urbanski
United States District Judge

ORDER
This matter was referred to the Honorable Joel C. Hoppe, United States Magistrate
Judge, pursuant to 28 U.S.C. § 636(b)(1)(B), for proposed fmdings of fact and a
recommended disposition as to plaintiff Globe Life and Accident Insurance Company's
("Globe Life") motion for leave to deposit life insurance policy proceeds in interpleader,
ECF No.4. The Magistrate Judge flied a report and recommendation on September 12,
2016, recommending that the motion be granted. ECF No. 20. No objections to the report
and recommendation have been flied.
The court has carefully reviewed the magistrate judge's report and finds that it should
be adopted in its entirety. As such, it is hereby ORDERED that the report and
recommendation (ECF No. 20) is ADOPTED, and that Globe Life's motion for leave to
deposit life insurance policy proceeds in interpleader (ECF No.4) is GRANTED. The court
hereby ORDERS as follows:

1. That Globe Life shall send a check for the total benefit amount ($20,000.00) of the
Globe Modified Premium Term Life Insurance Policy, Policy Number 00-6R94321,
("Policy"), plus any accrued interest as of the date of the check, to the Clerk within
14 days of the date of this order;
2. That a copy of this order shall be enclosed with the check when it is sent to the Clerk;
3. That, upon receipt, the Clerk shall deposit the amount of the check into the court's
registry;
4. That the proceeds of the check shall be held in an interest-bearing account until
further order from this court.
5. That, at the time the check is sent to the Clerk, Globe Life shall file with the court an
accounting of the Policy's benefits and accrued interest as of the date of the check,
including the date that the interest began accruing and the applicable interest rate;
6. That Globe Life shall give notice to the defendants of the date that it sends the check
to the Clerk and provide each of them with a copy of the accounting;
7. That, upon payment of the policy proceeds to the Clerk, defendants Sherry Sturrock,
Ken Biggs, Malinda Biggs, Frank Biggs, and Iva Biggs-Gordon shall be and hereby
are RESTRAINED and ENJOINED from instituting or prosecuting any other
proceeding against Globe Life in either state or federal court with respect to the
rights to the Policy proceeds and interest and any and all claims that were raised or
could have been raised in the action against Globe Life relating to the policy;

8. That any person not yet joined as a party to this action who may make a claim for or
be entitled to the proceeds of the Policy is joined and subjected to the preceding
paragraph 7 above;
9. That, with payment of the Policy proceeds to the Clerk, Globe Life shall be and
hereby is FULLY RELEASED and DISCHARGED from all further liability as to
any and all claims for the proceeds of the Policy, and interest, whether by defendants
or otherwise, from any and all claims related in any way to the Policy and/ or the
death of the named insured Peggy J. Phillips; and
10. That, with payment of the Policy proceeds to the Clerk, Globe shall be and hereby is

DISMISSED WITH PREJUDICE as a party, with Globe Life, its employees,
agents, and attorneys thereafter excused from any further attendance or involvement
in the case.
The Clerk is directed to send a certified copy of this order to counsel of record and
unrepresented parties.
Entered:

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Michael F. Urbanski
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United States District Judge