Opinion
CASE NO. 2:08 CV 603.
January 13, 2009
ORDER
This interpleader action was filed June 23, 2008, as a result of adverse claims to life insurance benefits by Defendants Sandra Adamson and Barbara Anderson. Plaintiff Metropolitan Life Insurance Company's has deposited into the Registry of the Court the sum of Ten Thousand Five Hundred Sixty Dollars and Eighty-One Cents ($10,560.81) in life insurance benefits, plus applicable interest, payable as a consequence of the death of John Zablocki under the General Motors Life and Disability Program. (Doc. 19).
Defendants were served with the Complaint but failed to Answer the Complaint in a timely fashion. On October 31, 2008, the Court ordered Defendants to file a memorandum, explaining the basis for their individual claims to the life insurance benefits. (Doc. 14). Defendant Adamson responded by filing an unsworn statement, with documents attached in support of her claim to the insurance proceeds. The Order sent to Defendant Anderson via certified mail, to the address where she received the Complaint on June 30, 2008, was returned to the Clerk, unclaimed. (Doc. 20). The docket does not contain a change of address for Defendant Anderson.
Defendant Adamson is hereby DIRECTED to have her November 7, 2008 statement notarized, to re-file the sworn statement and supporting documents, to send the documents to Defendant Anderson via certified mail, and to file the return of service (return receipt from the Post Office) with the Court. The Court will treat Defendant Adamson's sworn statement as a motion for summary judgment, to which Defendant Anderson will have 21 days to respond. In the event Defendant Anderson fails to respond, the Court will enter judgment in favor of Defendant Adamson.
The Clerk is DIRECTED to serve this Order upon both Defendants via certified mail.
IT IS SO ORDERED.