Opinion
Civil Action 3:21-cv-00754
03-17-2022
SOUTHERN ELECTRICAL RETIREMENT FUND, Plaintiff, v. DONALD J. YARBOROUGH, and LORI LYNN YARBOROUGH, Defendants.
Magistrate Judge Alistair Newbern
ORDER
HONORABLE ELI J. RICHARDSON, JUDGE
The Southern Electrical Retirement Fund (“SERF”) brought this interpleader and declaratory action against Donald J. Yarborough and Lori Lynn Yarborough for a judicial determination of their possible entitlement to the pre-retirement death benefit of Donald C. Yarborough. Donald J. Yarborough and Lori Lynn Yarborough have settled their claims for the pre-retirement death benefit so that two-thirds (2/3) of the pre-retirement death benefit is payable to Donald J. Yarborough, and one-third (1/3) of the pre-retirement death benefit is paid to Lori Lynn Yarborough.
Accordingly, the Court finds and declares that the pre-retirement death benefit of Donald C. Yarborough is payable, two-thirds (2/3) to Donald J. Yarborough and one-third (1/3) to Lori Lynn Yarborough. The Southern Electrical Retirement Fund is awarded its attorney fees and costs.
The Motion for Entry of Default (Doc. No. 12) is DENIED as moot. This Order shall constitute the final judgment in this case under Fed.R.Civ.P. 58 and the Clerk is directed to close the file.
It is so ORDERED.