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17-489 - Smith v. Moman (JOINT ASSIGN)(MAG2)


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17-489 - Smith v. Moman (JOINT ASSIGN)(MAG2)
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, )