Opinion
Case No. 1:15-cv-535
08-24-2016
COLUMBUS LIFE INSURANCE COMPANY, Plaintiff, v. SHARON DENISE WALKER-MACKLIN, et al., Defendants.
Magistrate Judge Karen L. Litkovitz
DECISION AND ENTRY ADOPTING THE REPORT AND RECOMMENDATIONS OF THE UNITED STATES MAGISTRATE JUDGE (Doc. 25)
This case is before the Court pursuant to the Order of General Reference in the United States District Court for the Southern District of Ohio Western Division to United States Magistrate Judge Karen L. Litkovitz. Pursuant to such reference, the Magistrate Judge reviewed the pleadings filed with this Court and, on July 25, 2016, submitted a Report and Recommendation. (Doc. 25). No objections were filed
As required by 28 U.S.C. § 636(b) and Fed. R. Civ. P. 72(b), the Court has reviewed the comprehensive findings of the Magistrate Judge and considered de novo all of the filings in this matter. Upon consideration of the foregoing, the Court does determine that such Report and Recommendations should be and is hereby adopted in its entirety.
Accordingly:
1. Plaintiff's motion for default judgment against Defendant Robert Walker (Doc. 9) is GRANTED;
2. Plaintiff's motion for interpleader, injunction, and dismissal with prejudice (Doc. 14) is GRANTED; Plaintiff is discharged from further liability as to the Policy proceeds; and Plaintiff is DISMISSED from this matter with prejudice;
3. Plaintiff's motion for attorney fees (Doc. 19) is GRANTED IN PART and DENIED IN PART and Plaintiff is awarded attorney fees and costs in the amount of $9,164.75;
4. Defendant Walker-Macklin's "Motion for Release of Undisputed Interpleaded Funds to Defendant, Sharon D. Walker-Macklin" (Doc. 12) is 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;
5. Defendants are PERMANENTLY ENJOINED pursuant to 28 U.S.C. Section 2361 from instituting or prosecuting any proceeding in state or federal court that affects the Policy proceeds involved in this interpleader action; and
6. The Clerk shall enter judgment accordingly, whereupon this case is TERMINATED on the docket of this Court.
IT IS SO ORDERED. Date: 8/24/16
s/ Timothy S . Black
Timothy S. Black
United States District Judge