Provident Life and Accident Insurance Company v. Blair, Paul
ORDER setting Telephonic Status Conference for 8/15/2013 at 2:30 PM. Signed by Magistrate Judge Stephen L. Crocker on 7/26/2013. (voc)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
PROVIDENT LIFE AND ACCIDENT
PAUL S. BLAIR, individually and as
parent and natural guardian to his
minor children NPB and NB,
On March 29, 2013, plaintiff Provident Life and Accident Insurance Company filed this
interpleader action, asking the court to decide whether and how to split about $77,000 in life
insurance proceeds between defendant Paul S. Blair and his minor children, defendants NPB and
NB. Blair was served with the complaint on April 22, 2013, making his answer or other response
due by April 11, 2013. The record does not reflect that NPB or NB have been served, plaintiff’s
attorney has reported contact with the attorney for the children’s conservator.
In the absence of any answer from Blair, or any other action in this case, the court set a
telephonic status conference for June 20, 2013. At that conference, plaintiff’s attorney reported
that the insurance company had reached a settlement agreement with Blair and NPB and NB
that plaintiff anticipated filing with the court within two or three weeks. But no settlement got
filed, so the court convened another telephonic status conference on July 25, 2013. Only
plaintiff appeared, and its attorney reported that although Blair had not communicated any
change of heart regarding settlement, neither had he signed and returned the settlement
The court concludes from this that Blair does not intend to sign the agreement.
Accordingly, we have a live lawsuit. Technically, Blair already has defaulted, but this likely can
be cured and this case can be scheduled for discovery, motions practice and trial to resolve the
apparent dispute over whether Blair or his minor children should receive the insurance proceeds.
IT IS ORDERED that a telephonic status conference is set for August 15, 2013 at 2:30
p.m., at which the court intends to discuss future scheduling and perhaps set dates and deadlines
in consultation with the parties and their representatives. Plaintiff is responsible for arranging
the conference call to chambers. Plaintiff’s attorney has indicated that he can contact the lawyer
for NPB and NB’s conservator, who should participate in this call, regardless whether NB or
NPB have been served. Not later than August 2, 2013, Blair must provide plaintiff’s attorney
with a telephone number at which he–or his attorney if he retains one–can be reached to
participate in this conference call. If the parties submit a signed settlement agreement by August
14, 2013, then the August 1st, 2013 telephonic hearing will be cancelled as unnecessary.
Entered this 26th day of July, 2013.
BY THE COURT:
STEPHEN L. CROCKER
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