United States District Court, N.D. Illinois, Eastern Division
TED E. MUELLER, Individually and as Trustee of the Vernerties Hynous-Mueller Trust Dated 1-14-2000, Plaintiff,
MIDLAND NATIONAL LIFE INSURANCE COMPANY, Defendant. MIDLAND NATIONAL LIFE INSURANCE COMPANY, Cross and Counterclaim Plaintiff,
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
Magistrate Judge Sheila Finnegan
MIDLAND'S MOTION FOR FINAL JUDGMENT ORDER IN
Virginia M. Kendall
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:
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”).
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
Counsel for Mueller filed his appearance before this Court.
(Doc. no. 9).
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.
Mueller filed his answer to Midland's interpleader
action. (Doc. no. 26).
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.
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).
Midland filed a Motion to Dismiss the claims brought by the
Interpleader Defendants, which is currently pending before
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
Midland had properly served a copy of this Motion for Final
Judgment Order in ...