Opinion
Case No. 2:18-cv-198
02-14-2019
AMERICAN UNITED LIFE INSURANCE COMPANY, Plaintiff, v. GEORGE R. WOODWARD, JR., et al., Defendants.
cc: pro se parties Westville Correctional Facility
REPORT AND RECOMMENDATION
On February 13, 2019, the court held a status conference. The defendants, Robert Woodward, John A. Woodward, and George Woodward, Sr., appeared in person. The defendant, George Woodward, Jr., did not appear. However, the parties advised the court that he currently is incarcerated.
A resolution was reached. The parties indicated that Rees Funeral Homes, Inc. has been paid its agreed portion of the Plan Benefits. Thus, the total remaining benefits equal $7,723.25. The parties agreed to split the remaining $7,723.25, evenly.
Therefore, it is RECOMMENDED that the Motion to Dismiss Plaintiff [DE 24] be GRANTED. It is further RECOMMENDED that the Clerk of Court distribute the $7,723.25 to Robert Woodward, John A. Woodward, George Woodward, Sr., and George Woodward, Jr., evenly. The Clerk is DIRECTED to mail a copy of this Recommendation to George Woodward, Jr. at the Westville Correctional Facility.
Pursuant to 28 U.S.C. 636(b)(1), the parties shall have fourteen days after being served with a copy of this Recommendation to file written objections thereto with the Clerk of Court. The failure to file a timely objection will result in the waiver of the right to challenge this Recommendation before either the District Court or the Court of Appeals. Willis v. Caterpillar , Incorporated , 199 F.3d 902, 904 (7th Cir. 1999); Johnson v. Zema Systems Corporation , 170 F.3d 734, 739 (7th Cir. 1999); Hunger v. Leininger , 15 F.3d 664, 668 (7th Cir. 1994); The Provident Bank v. Manor Steel Corporation , 882 F.2d 258, 260-61 (7th Cir. 1989); United States v. Johnson , 859 F.2d 1289, 1294 (7th Cir. 1988); Lebovitz v. Miller , 856 F.2d 902, 905 n.2 (7th Cir. 1988).
ENTERED this 14th day of February, 2019.
/s/ Andrew P. Rodovich
United States Magistrate Judge cc: pro se parties
Westville Correctional Facility