MOTION FOR DISCHARGE AND PROPOSED ORDER IN

INTERPLEADER ACTION

"Redacted"

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION

)
)
Plaintiff,
)
)
v.
)
)
,
)
P.H., a minor, M.H., a minor, and )
A.H., a minor
)
)
Defendants.
)
_______________________________)

CIVIL ACTION
FILE NO.

MOTION FOR DISCHARGE

Plaintiff in Interpleader,

("

"),

by and through its undersigned attorneys, hereby moves the Court for a
discharge, and shows unto this Court as follows:
1.

has heretofore filed a Complaint in Interpleader and has

deposited into the registry of this Court the sum of Two Hundred Fifty Three
Thousand One Hundred Ninety and 83/100's Dollars ($253,190.83), this sum
being the full amount, plus interest, due and owing under its Policy Number
in the amount of $150,000.00, and its Policy Number

279998 v1

in the

initial face amount of $100,000.00 insuring the life of

deceased.

named as Defendants to its Complaint in Interpleader

and the Deceased's three minor children, P.H., M.H., and A.H. who

are known potential claimants to the interpleaded funds.

2.

, and

, as guardian ad litem to

the minor Defendants, P.H., M.H., and A.H., have filed Answers to the
Complaint in Interpleader.
WHEREFORE, PREMISES CONSIDERED, Plaintiff
respectfully requests that this Court enter judgment as follows:
1.

That

to the Defendants,

be released and discharged from any and all liability

, and P.H., M.H., and A.H. and their heirs,

assigns and beneficiaries;

2.

That each of the Defendants herein,

, and P.H.,

M.H., and A.H., their heirs, assigns, beneficiaries and attorneys be permanently
restrained or enjoined from instituting or prosecuting any action or proceeding
against Thrivent for the death benefit proceeds of either its Policy Number
in the amount of $150,000.00, or its Policy Number
initial face amount of $100,000.00, both issued on the life of
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in the

, deceased, or from seeking a determination as to the person or persons

lawfully entitled to the proceeds thereof other than among themselves in the
above-styled case; and
3.

That Plaintiff

recover its costs and attorney's fees from the

amount deposited into the Registry of the Court pursuant to Rule 22 of the
Federal Rules of Civil Procedure. The undersigned counsel represents that they
have expended a total of __ hours to date or (monetary amount) in attorney's
fees and incurred ___ in costs in handling this matter.

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Respectfully submitted, this ___ day of _____________ , 2008.

By: _________________________

- and -

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IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION

)
)
)
Plaintiff,
)
)
v.
)
)
)
P.H., a minor, M.H., a minor, and )
A.H., a minor
)
)
Defendants.
)
_______________________________)

CIVIL ACTION
FILE NO.

CONSENT JUDGMENT
COMES NOW this Complaint for Interpleader filed in this Court by the
Plaintiff

("
("

"), and

"), and the Defendant

as guardian ad litem for

minor Defendants P.H., M.H., and A.H. ("Minors"), and the Parties agree that it
is their desire to settle the claims between the Parties as set out in the Complaint
for Interpleader filed in this case. This Court finds that all Parties to this case
are duly represented by attorneys, as follows:

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Plaintiff

is represented by Betsy P. Collins, admitted pro hac

vice; Jodi M. Dixon, admitted pro hac vice; and Catherine M. Palumbo.
Defendant

is represented by Craig Bonnel.

All Minors are represented by their guardian ad litem,

.
This Court further finds that all Parties have agreed to a fair and
reasonable settlement to the terms of this case, that are in the best interests of all
the Parties to this case, and the Court is of the opinion that said agreement
should be ratified and confirmed by this Court and made final by this Consent
Judgment, and being of the further opinion that the sum of Two Hundred Fifty
Three Thousand One Hundred Ninety and 83/100's Dollars ($253,190.83)
deposited with the Court as a result of this Complaint for Interpleader shall be
distributed in accordance with the agreement of the Parties,
IT IS, THEREFORE, ORDERED, ADJUGED AND DECREED as
follows:
1. That Thrivent issued insurance Policy Number
of $150,000.00, and insurance Policy Number

-2280015 v1-

in the amount

in the initial face

amount of $100,000.00 insuring the life of

, deceased (the

"Policies").
2. That
Defendants

filed this Complaint for Interpleader naming as

and the Minors, who are contingent beneficiaries, as known

potential claimants to the interpleaded funds.

3. That Defendant

claims a right to the proceeds of the

aforementioned Policies as beneficiary.

4. That there are no other potential claimants who could assert valid
claims that would trump the claims of the surviving spouse and/or children of
the deceased insured.
5. That

was appointed guardian ad litem for the

Minors in this action.

6. That upon diligent investigation, and upon careful review,
does not oppose awarding the insurance proceeds of the
aforementioned Policies, including interest, to Defendant

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7. That

be paid ____ for his services rendered as

guardian ad litem to Minors in this case from the amount deposited into the
Registry of the Court.
8. That Plaintiff

recover its costs and attorney's fees from the

amount deposited into the Registry of the Court pursuant to Rule 22 of the
Federal Rules of Civil Procedure, in an amount of ____________.
9. That the remainder of the funds deposited into the Registry of the
Court be awarded to Defendant

as beneficiary under the Policies.

10. That Plaintiff Thrivent is released and discharged from any and all
liability to each of the Defendants herein,

, and P.H., M.H.,

and A.H., their heirs, assigns, beneficiaries and attorneys from instituting or
prosecuting any action or proceeding against
proceeds of either its Policy Number
its Policy Number
issued on the life of

for the death benefit

in the amount of $150,000.00, or

in the initial face amount of $100,000.00, both

, deceased, or from seeking a

determination as to the person or persons lawfully entitled to the proceeds

thereof other than among themselves in the above-styled case, and Defendants,
their heirs, assigns, beneficiaries and attorneys, be permanently restrained or
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enjoined from instituting or prosecuting any action or proceeding against

Thrivent related to same.
SO ORDERED this ___ day of _____________ , 200_ .
_________________________
Hon. G. R. Smith, U.S.M.J.
Respectfully submitted by:

By:

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By:

_________________________

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