United States District Court, W.D. North Carolina, Charlotte Division
D. Whitney Chief United States District Judge.
JUDGMENT ORDER IN INTERPLEADER
Order being presented to the Court for entry on Midland
National Life Insurance Company's (“Midland”)
Motion for Final Judgment Order in Interpleader (Doc. No.
12), due notice having been given and the Court being fully
advised in the premises:
COURT HEREBY FINDS THAT:
December 19, 2018, Midland filed its Complaint for
Interpleader under the Federal Interpleader Act, 28 U.S.C.
§§ 1332, 1391, and Federal Rule of Civil Procedure
22 to resolve competing claims to the proceeds of a Temporary
Life Insurance Agreement (“TLIA”) insuring the
life of Marcella Thrash.
January 2, 2019, with leave of Court, Midland deposited its
admitted liability in the amount of $251, 074.59,
representing the value of the proceeds payable under the TLIA
that is in dispute into the Registry of this Court, subject
to this Court's further orders as to whom between the
Defendants is entitled to receive those proceeds.
Court has jurisdiction over the subject matter of this case
and over the parties.
Midland has done all that is required by law to perfect its
Midland has acted in good faith by interpleading the proceeds
of the TLIA and depositing its admitted liability with the
Clerk of the Court.
Midland is entitled to be paid the amount of $11, 322.64 from
the proceeds of the TLIA previously deposited with the Clerk
of the Court and further to be discharged from this
litigation in accordance with the terms as hereinafter
provided in this Order.
IT IS HEREBY ORDERED THAT:
Defendants, Dionte Long and Bernadette Lightner, are
enjoined, during the pendency of this case and thereafter,
permanently and perpetually, from commencing or prosecuting
any proceeding or claim against Midland National Life
Insurance Company in any state or federal court or other
forum with respect to proceeds payable under the terms of the
TLIA, or arising out of or related to the death of Marcella
Thrash, the insured, or the TLIA, and that said injunction
issue without bond or surety;
Defendants, Dionte Long and Bernadette Lightner, hereby
release and discharge Midland National Life Insurance
Company, its successors, assigns, representatives, agents,
attorneys, and all of its affiliated companies, including
officers, directors, and employees, from any and all
liability under the TLIA, or arising on account of the death
of Marcella Thrash, the purchase of the TLIA or the payment
of the underlying proceeds, to any or all of the Defendants,
or any person or entity claiming through them;
Judgment is granted to Midland National Life Insurance
Company with the finding that it has no further liability to
Dionte Long or Bernadette Lightner, or to any person or
entity claiming through them, for the proceeds payable under
the terms of the TLIA, or any ...