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15-535 - Columbus Life Insurance Company v. Walker-Macklin et al


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15-535 - Columbus Life Insurance Company v. Walker-Macklin et al
April 19, 2016
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ORDER that plaintiff Columbus Life Insurance Company's 14 Motion for leave to deposit funds with the Court; for interpleader; for injunction; for dismissal with prejudice; and for reasonable costs and fees is Granted in part. Plaintiff's request for leave to deposit funds is Granted insofar as plaintiff seeks to deposit the Policy proceeds, plus accrued interest, with the Court. Plaintiff shall deposit into the Court's registry the amount of $27,660.46, plus any applicable interest, in accordance with SDO civl Rule 77.2(b), or in the alternative give bond payable to the Clerk of Court in that amount, within (14) days of the date of this Order. Plaintiff's request to dposit funds is Denied insofar as plaintiff requests to deduct any amounts for attorney fees from the deposit. Plaintiff shall file a motion for attorney fees and an affidavit proving the amount of fees within (14) days of the date of this Order. The Clerk accept for deposit into the Registry of the Court the deposit to be made by plaintiff Columbus Life Insurance Company in this cause the amount of $27,660.46, plus any applicable interest, and the Clerk promptly invest those funds into an interest bearing account maintained by the Clerk in an approved depository in accordance with SDO Civ. Rule 77.2. The Court reserves ruling on plaintiff's remaining request for relief and othe other motions filed by the parteis pending deposit of the funds and the filing of plaintiff's motion for attorney fees and supporting affidavit. Signed by Magistrate Judge Karen L. Litkovitz on 4/19/2016. (art)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
July 25, 2016
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REPORT AND RECOMMENDATION that plaintiff's 9 MOTION for default judgment against defendant Robert Walker be Granted. Plaintiff's 14 MOTION for interpleader, injunction, and dismissal with prejudice be Granted; plaintiff be discharged from further liability as to the Policy proceeds; and plaintiff be Dismissed from this matter with prejudice. Plaintiff's 19 MOTION for Attorney fees be Granted and plaintiff be awarded attorney fees and costs in the amount of $9,164.75. Defendant Walker-Macklin's 12 MOTION for release of undisputed interpleaded funds to defendant, Sharon D. Walker-Macklin be Granted in part to the extent defendant seeks the payment of Policy proceeds and interest, less plaintiff's attorney fees and costs, in the amount of $20,299.77, plus accrued interest. Defendants be permanently Enjoined pursuant to 28 USC 2361 from instituting or prosecuting any proceeding in state or federal court that affects the Policy proceeds involved in this interpleader action. Objections to R&R due by 8/11/2016. Signed by Magistrate Judge Karen L. Litkovitz on 7/25/2016. (art)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
August 24, 2016
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DECISION AND ENTRY ADOPTING THE REPORT AND RECOMMENDATIONS OF THE UNITED STATES MAGISTRATE JUDGE (Doc. 25). Signed by Judge Timothy S. Black on 8/24/2016. (mr)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)