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17-489 - Smith v. Moman (JOINT ASSIGN)(MAG+)


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17-489 - Smith v. Moman (JOINT ASSIGN)(MAG+)
March 28, 2018
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REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE: it is the RECOMMENDATION of the Magistrate Judge that: (1) The 44 Motion for Discharge of Plf Unum Life Insurance Company of America be GRANTED; (2) Plf Unum Life Insurance Company of America be DISCHARGED from this case and DISMISSED with prejudice; (3) The interpleader dfts be ENJOINED from instituting any state or federal action for the recovery of the proceeds under group policy number 294131; (4) The parties be realigned to represent the dispute between Kimberly Smith (Plf) and Sonya Moman (Dft) and the Clerk of Court be DIRECTED to take the necessary steps to change the style of the case consistent with that realignment; (5) The 45 Motion of Unum Life Insurance Company of America for an Award of Attorneys' Fees and Costs out of the Funds Deposited be DENIED; Objections to R&R due by 4/11/2018. Signed by Honorable Judge Terry F. Moorer on 3/28/2018. (wcl, )
April 26, 2018
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ORDER: it is ORDERED that: 1) The Magistrate Judge's 68 Recommendation is ADOPTED; 2) The 44 Motion for Discharge of Plf Unum Life Insurance Company of America is GRANTED; 3) Plf Unum Life Insurance Company of America is DISCHARGED from this case and DISMISSED with prejudice; 4) The interpleader dfts are ENJOINED from instituting any state or federal action for the recovery of the proceeds under group policy number 294131; 5) The parties are realigned to represent the dispute between Kimberly Smith (Plf) and Sonya Moman (Dft), and the Clerk of the Court is DIRECTED to take the necessary steps to change the style of the case consistent with that realignment; 6) The 45 Motion of Unum Life Insurance Company of America for an Award of Attorneys' Fees and Costs out of the Funds Deposited is DENIED. Signed by Chief Judge William Keith Watkins on 4/26/2018. (Attachments: # (1) Civil Appeals Checklist) (wcl, )
June 20, 2018
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REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE: it is the RECOMMENDATION of the Magistrate Judge that: (1) Sonya Moman's claims to the $50,000.00 life insurance proceeds from group policy number 294131 be dismissed for failure to obeyrrange for the disbursement of the interpled funds to Kimberly Smith; Objections to R&R due by 7/5/2018. Signed by Honorable Judge Terry F. Moorer on 6/20/2018. (wcl, ) court orders and failure to prosecute; (2) The life insurance proceeds be awarded to the sole remaining claimant Kimberly Smith (decedent's daughter); (3) All other pending motions be denied as moot; and (4) The Clerk of Court be directed to a
July 12, 2018
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ORDER: it is ORDERED that: 1) The Magistrate Judge's 74 Recommendation is ADOPTED; 2) Sonya Moman's claims to the $50,000.00 life insurance proceeds from group policy number 294131 are DISMISSED with prejudice for failure to obey court orders and failure to prosecute; 3) The life insurance proceeds at issue from group policy number 294131 are awarded to the sole remaining claimant Kimberly Smith (decedent's daughter); and 4) The pending 64 Motion for Summary Judgment by Kimberly Smith and Smith's 66 Motion to Compel Moman to Fully Respond to Discovery Requests by Smith are DENIED as moot; DIRECTING the Clerk to wait the requisite period for the expiration of the time for appeal, after the Clerk receives any necessary documentation from the payee, such as W-9 forms, as further set out in order; further ORDERED that the Clerk of the Court issue a check drawn on ServisFirst Bank (designated bank), where the interpleader funds are deposited in a Money Market Account, for the principal amount of $50,074.66, plus all earned interest, to date; This check shall be made payable to ServisFirst Bank (designated bank); The designated bank shall provide the Clerk of the Court with two official checks payJames E. Long at his address of record. Signed by Chief Judge William Keith Watkins on 7/12/2018. (furn: Finance, Clerk) (wcl, )able as follows: 1) To Kimberly Smith in the amount of $50,074.66, plus 90% of all earned interest; 2) To the Clerk of the Court for 10% of all earned interest; Pursuant to 28 USC 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 February 7, 1992, the Clerk of the Court shall pay into the U.S. Treasury an amount equal to 10% of the earned interest as a fee for handling said interpleader funds; further DIRECTING the Clerk to receipt said 10% into the 510100 fund for the U.S. Treasury; further ORDERED that the Clerk of the Court shall mail Plf's check by certified mail, with a return receipt, to her attorney,