The opinion
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
GREAT WEST LIFE & ANNUITY
INSURANCE COMPANY,
Plaintiff,
v. Case No: 2:20-cv-705-SPC-MRM
SUSAN A. BROWN, PAUL
BROWN, MARK BROWN,
WARREN BROWN, STEPHEN
BROWN, WELLS FARGO
DELAWARE TRUST
COMPANY, NA, PAUL BROWN
and SUSAN A. BROWN,
Defendants.
/
ORDER1
Before the Court is the parties’ Joint Motion for Deposit of Proceeds,
Discharge, and Dismissal (Doc. 84). The parties all agree that Defendant Wells
Fargo Delaware Trust Company, NA is a disinterested party and should be
dismissed with prejudice. Further, the parties agree Plaintiff Great West Life
& Annuity Insurance Company in this interpleader action should deposit the
stake (proceeds from an insurance policy), then be dismissed with prejudice
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too. The Court grants the parties’ request. See generally Podhurst Orseck, P.A.
v. Servicios Legales de Mesoamerica S. de R.L., 699 F. Supp. 2d 1344, 1349
(S.D. Fla. 2010).
Accordingly, it is now
ORDERED:
The parties’ Joint Motion for Deposit of Proceeds, Discharge, and
Dismissal (Doc. 84) is GRANTED.
(1) Within fifteen (15) business days from today, Great-West Life &
Annuity Insurance Company SHALL DEPOSIT into the Court’s
registry the proceeds of Certificate No. 303251 (the “Certificate”) and
applicable accrued interest, less Great-West’s reasonable attorney’s
fees in the amount of $15,000.00, in the total amount of $694,080.42.
(2) Upon deposit of the Certificate proceeds into the Court’s registry (as
specified in Paragraph 2), Great-West shall be discharged from any
and all further liability with respect to, affecting, or in any way
arising out of the Certificate.
(3) Interpleader Defendants Susan A. Brown, Paul Brown (individually
and as personal representative of the Estate of Alfred B. Brown),
Warren Brown, Mark Brown, Stephen Brown, and Wells Fargo
Delaware Trust Company, N.A. (as successor to Delaware Trust
Company) (collectively, the “Interpleader Defendants”) are
permanently enjoined from instituting or prosecuting any other
proceeding, action, arbitration, or lawsuit against Great-West, or any
of Great-West’s predecessors, successors, and/or parent companies,
including (but not limited to) Protective Life Insurance Company,
with respect to the Certificate proceeds, as well as any and all claims
that were or could have been raised in this action relating to the
Certificate.2
(4) Any person or entity not yet joined as a party to this action who may
make a claim for, or be entitled to, the Certificate proceeds is hereby
joined and subject to Paragraph 4.
(5) The Clerk is DIRECTED to enter judgment of interpleader in favor
of Great-West. All claims actually asserted or which might have been
asserted against Great-West herein are DISMISSED with
prejudice, and Great-West is DISMISSED with prejudice from
this action.
(6) Interpleader Defendant Wells Fargo Delaware Trust Company, N.A.,
is DISMISSED with prejudice from this action. The remaining
Interpleader Defendants shall continue to assert in this action their
claims to the Certificate proceeds.
2 To the extent that an Agreement of Trust dated December 27, 1993, exists, any individual
or entity acting on its behalf is joined and subject to Paragraph 4.
DONE and ORDERED in Fort Myers, Florida on March 24, 2021.
, Lh platrathe 7
UNITED STATES DISTRICT JUDGE
Copies: All Parties of Record