HARTFORD LIFE AND ACCIDENT INSURANCE COMPANY v. GRAY ( 2020 )

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION HARTFORD LIFE AND ACCIDENT ) INSURANCE COMPANY, ) ) Plaintiff, ) ) v. ) No. 1:20-cv-01343-JPH-DML ) DOLORES L. GRAY, ) N.D. a minor, ) SARA DALEY as guardian for N.D., a ) minor, ) ) Defendants. ) ) ) Matthew C. Boldt Recruited Counsel for ) Defendant Sarah Daley as guardian for ) N.D., a minor, ) Jeffrey S. Dible Recruited Counsel for ) Defendant Delores L. Gray, ) Adam Ira Recruited Counsel for ) Defendant Delores L. Gray, ) ) Recruited ) Counsels. ) ORDER ON INTERPLEADER AND ATTORNEY FEES AND COSTS Plaintiff, Hartford Life and Accident Insurance Company, has filed a motion to deposit funds and for interpleader discharge, requesting an order authorizing it to deposit the proceeds of an employee welfare-benefit plan and dismissing Hartford from this case with prejudice. Dkt. 13 at 7–8. Hartford has also filed a motion for attorney fees and costs, requesting $4,647.60 in fees and costs that were incurred in connection with this litigation. Dkt. 18. Defendants—Delores Gray, N.D., and Sara Daley as guardian of N.D.—"are competing claimants with respect to the Proceeds." Dkt. 1 at 4. They are represented by recruited counsel, dkt. 19; dkt. 20, and have not opposed either of Hartford's motions. For the reasons in the motions, Hartford's unopposed motion to deposit funds and for interpleader discharge is GRANTED, dkt. [13], and its unopposed motion for attorney fees and costs is GRANTED, dkt. [18]; see dkt. 18-1 (declaration in support); Aaron v. Mahl, 550 F.3d 659, 667 (7th Cir. 2008). Hartford IS ORDERED to deposit $45,352.40—the $50,000.00 at issue less $4,647.60 in attorney fees and costs—into the Court's registry under Federal Rule of Civil Procedure 67 within fourteen days of the date of this order. Once the funds have been deposited, the Court will dismiss Hartford from this action with prejudice. SO ORDERED. Date: 12/3/2020 SJamu Patrick hawlove James Patrick Hanlon United States District Judge Southern District of Indiana Distribution: Rachel H. Beattie SMITH VON SCHLEICHER & ASSOCIATES rachel.beattie@svs-law.com Matthew C. Boldt LEWIS WAGNER LLP mboldt@lewiswagner.com Jeffrey Scott Dible FROST BROWN TODD LLC (Indianapolis) jdible@fbtlaw.com Adam Spencer Ira FROST BROWN TODD LLC (Indianapolis) aira@fbtlaw.com Warren von Schleicher SMITH von SCHLEICHER & ASSOCIATES warren.vonschleicher@svs-law.com District Court Finance Department