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Mueller v. Midland National Life Insurance Co.

United States District Court, N.D. Illinois, Eastern Division

April 25, 2018

TED E. MUELLER, Individually and as Trustee of the Vernerties Hynous-Mueller Trust Dated 1-14-2000, Plaintiff,
v.
MIDLAND NATIONAL LIFE INSURANCE COMPANY, Defendant. MIDLAND NATIONAL LIFE INSURANCE COMPANY, Cross and Counterclaim Plaintiff,
v.
TED E. MUELLER, RACHEL TIMMS, RENEE AGER, MICHELLE GONZALEZ COLLINS, and MELISSA COLLINS, Cross and Counterclaim Defendants.

          CHITTENDEN, MURDAY & NOVOTNY, LLC. Vittorio F. Terrizzi One of the Attorneys for Midland National Life Insurance Company

          Magistrate Judge Sheila Finnegan

          MIDLAND'S MOTION FOR FINAL JUDGMENT ORDER IN INTERPLEADER

          Judge Virginia M. Kendall

         Defendant/Counter and Crossclaim Plaintiff, MIDLAND NATIONAL LIFE INSURANCE COMPANY (“Midland”), by and through its attorneys, Donald A. Murday, Vittorio F. Terrizzi, and Chittenden, Murday & Novotny LLC, hereby submits its Motion for Final Judgment Order in Interpleader. In support of its Motion, Midland states:

         1. Plaintiff Ted E. Mueller (“Mueller”) filed a lawsuit in the Circuit Court of Cook County, Illinois, County Department, Chancery Division against Midland seeking the proceeds of two annuity contracts issued by Midland identifying Vernerties Hynous-Mueller (“Vernerties”) as the annuitant: contract number 8500157718 (“Annuity 718”) and contract number 8500164482 (“Annuity 482”).

         2. Midland removed the lawsuit to this Court (Doc. no. 1), answered the complaint, and filed a counterclaim for interpleader against Mueller and crossclaims for interpleader against Rachell Timms, Renee Ager, Michelle Gonzalez Collins, and Melissa Collins (the “Interpleader Defendants”). (Doc. no. 11). Midland brought its interpleader claims pursuant to 28 U.S.C. §§ 1335, 1397, and 2361. Midland's interpleader action includes 21 exhibits.

         3. Counsel for Mueller filed his appearance before this Court. (Doc. no. 9).

         4. Midland filed its motion to deposit its admitted liability as to both annuities (Doc. no. 12) which was granted by the court (Doc. no. 15). Midland deposited the admitted liability for both annuities with the Court on January 25, 2018 in the amount of $228, 927.93.

         5. Mueller filed his answer to Midland's interpleader action. (Doc. no. 26).

         6. The Interpleader Defendants were each successfully served by Rule 4 waiver and each returned waiver was filed with the court. (Doc. nos. 17, 18, 22, and 25). Counsel for the Interpleader Defendants filed her appearance before this Court. (Doc. no. 29).

         7. The Interpleader Defendants filed their answer to Midland's crossclaims for interpleader along with crossclaims against Midland and Mueller demanding, among other things, that Midland deposit the proceeds from both annuities with the Court, which had already been done. (Doc. no. 34).

         8. Midland filed a Motion to Dismiss the claims brought by the Interpleader Defendants, which is currently pending before the Court.

         9. Midland filed this interpleader action in good faith and has done all that is required by law to perfect its interpleader action and now seeks an order discharging Midland from this matter.

         10. Midland had properly served a copy of this Motion for Final Judgment Order in ...


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