United States District Court, E.D. Arkansas
THOMPSON COBURN LLP Richard J. Pautler Attorneys for Standard
L DA VIS JR. LAW FIRMP LLC Ronald Davis Attorneys for Latesea
CONSENT FINAL ORDER AND JUDGMENT
the agreement and consent of all parties not in default, the
Court hereby orders and adjudges:
Court has subject matter jurisdiction over this action
pursuant to § 502(e)(1) of the Employee Retirement
Income Security Act of 1974 (ERISA), 29 U.S.C. §
1132(a)(3). Venue is proper in this District pursuant to
ERISA § 502(e)(2), 29 U.S.C. § 1132(e)(2).
Defendant Latesea Lightfoot ("Lightfoot") submits
to the jurisdiction of this Court and appears for the purpose
of effectuating and facilitating the entry of the order and
judgment in this action and the dismissal with prejudice of
this entire matter, without fees or costs to anyone.
Lightfoot acknowledges being properly served with the Summons
and Complaint on file herein and she acknowledges that she
has had the opportunity to consult with the attorney of her
Wagner Industries, Inc. sponsors an "employee welfare
benefit plan" that provides life insurance benefits to
certain of its employees (hereinafter "Plan"). The
Plan is an "employee welfare benefit plan" within
the meaning of ERISA § 3(1), 29 U.S.C. § 1002(1)
Plaintiff, Standard Insurance Company ("Standard"),
issued Group Life Insurance Policy No. 159328-A (hereinafter
"Policy"), to insure the benefits that became
payable under the Plan.
the death of Cedric Devon Lightfoot, on October 26, 2017,
Seven Thousand Dollars ($7, 000) (the "Disputed
Funds") became payable under the Policy.
Standard received conflicting claims to the Disputed Funds
from former Defendant Laronica Conner ("Conner")
and from Lightfoot, the daughter of Decedent.
Confronted with conflicting claims and the possibility of
making duplicative payments if it honored in whole or in part
either the claim of Connor or that of Lightfoot, Standard
filed this Interpleader action in good faith as an innocent
stakeholder on January 17, 2018, naming both Conner and
Lightfoot as defendants.
April 4, 2018, this Court entered a Default Judgment against
Conner after she was properly served but failed to timely
appear or file any answer or motion responsive to the
Complaint in Interpleader.
Following the entry of default against Conner, only Lightfoot
was asserting any claim to the Disputed Funds.
Decedent's last beneficiary designation form in the
records of Standard designated Lightfoot as his sole
Absent the timely appeal by Conner challenging the entry of
the default judgment against her, the parties agree that
Standard should pay the Disputed Funds of $7, 000 to