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16-213 - Davis v. North American Company for Life and Health Insurance


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16-213 - Davis v. North American Company for Life and Health Insurance
June 3, 2016
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MEMORANDUM OPINION AND ORDER: It is ORDERED as follows: 1. The 10 Motion to Pay Policy Proceeds and Interest into Court is GRANTED, and the Clerk of Court shall accept for deposit a check for the proceeds of the North American policy on the life of Matthew Davis, Policy #LW500005765, plus interest, to be tendered by North American Company for Life and Health Insurance within fourteen (14) days of this order, to be deposited and maintained in an interest-bearing account previously approved for such purposes, there to abide the judgment of this court. 2. The 14 Motion to Appoint Guardian Ad Litem is GRANTED and Ashley Penhale, Esq. of the firm Copeland, Franco, Screws & Gill, 444 S. Perry Street, Montgomery, AL 36104, is hereby appointed Guardian Ad Litem to represent J.D. and M.D., minors, and to defend the interests of the minors in this suit. The clerk is DIRECTED to serve a copy of this Order on Ms. Penhale and all parties and Ms. Penhale is DIRECTED to file a Notice of Appearance. 3. The 5 Motion to Dismiss for Failure to State a Claim and a 22 Motion to Dismiss Counterclaim and Crossclaim/Third Party Complaint are DENIED without prejudice to being refiled after the Guardian Ad Litem files a Notice of Appearance in this case. Signed by Honorable Judge W. Harold Albritton, III on 6/3/2016. (Attachments: # (1) Civil Appeals Checklist) Copy to cashier and Financial. Copy furnished to Ashley Penhale, Guardian Ad Litem, and all parties as directed.(dmn, )
December 1, 2016
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ORDER (with Exhibits A & B): This case is before the Court on the 36 Joint Motion to Approve Settlement filed on 10/10/2016. This case was set for a pro ami hearing on the Joint Motion to Approve Settlement, and a hearing was held on 11/16/2016. It is hereby ORDERED as follows. 1. The Court finds the settlement to be in the best interest of the minor children, J.D. and M.D., and it is approved and the 36 Joint Motion to Approve Settlement is GRANTED. 2. The funds on deposit in the Court's Registry shall be distributed as further set out in the order. 3. In accordance with the Settlement Agreement, counsel for North American Company for Life and Health Insurance shall ensure that the Guardian Ad Litem's fees and expenses are promptly paid as well as the mediator's fee. Counsel for North American Company for Life and Health Insurance is DIRECTED to notify the Court when said fees have been paid. 4. In accordance with the Settlement Agreement, the parties release every other party and all claims, known or unknown, that have arisen, may arise, or that are otherwise related in any way to the death of Matthew Davis, as set out in the 41 Release, which has been signed by all parties. The executed Release is hereby incorporated into this Order. 5. Defendant's 31 Second Motion to Dismiss for Failure to State a Claim is DENIED as moot. Pursuant to 28 U.S.C. 1914(b) and FRDOC 91-26415 reported at 56 Fed. Reg. 56356 (November 4, 1991) and directions received from the Administrative Office of the U.S. Courts on 2/7/1992, the Clerk of the Court shall pay into the U.S. Treasury an amount equal to ten percent (10%) of the earned interest as a fee for handling said interpleader funds. The Clerk of the Court is further DIRECTED to deposit said ten percent (10%) fee into the 510100 Fund for the U.S. Treasury. The parties are Directed to file a Stipulation for Dismissal upon completion of all distributions and requirements therefor, and this case will be dismissed with prejudice and final judgment entered. Signed by Honorable Judge W. Harold Albritton, III on 12/1/2016. Copy furnished to Financial. (dmn, )