United States District Court, N.D. Alabama, Eastern Division
January 5, 2015
THE PRUDENTIAL INSURANCE COMPANY OF AMERICA, Plaintiff,
FREDERICK L. BOYD and F.B., a minor, by and through his guardian in fact, CHARITY TEAGUE, Defendants.
PARTIAL FINAL JUDGMENT UNDER RULE 54(B)
VIRGINIA EMERSON HOPKINS, District Judge.
On December 4, 2014, the magistrate judge's report and recommendation was entered and the parties were allowed therein fourteen (14) days in which to file objections to the recommendations made by the magistrate judge. No objections to the magistrate judge's report and recommendation have been filed by plaintiff or defendants.
After careful consideration of the record in this case and the magistrate judge's report and recommendation, the court hereby ADOPTS the report of the magistrate judge. The court further ACCEPTS IN PART the recommendations of the magistrate judge. It is, therefore, ORDERED, ADJUDGED and DECREED that
(1) the motion of The Prudential Insurance Company of America is due to be and hereby is GRANTED, except to the extent that it requests injunctive relief against the Defendants;
(2) The Prudential Insurance Company of America and its present and former parents, subsidiaries and affiliated corporations, predecessors, successors and assigns and their respective officers, directors, agents, employees, representatives, attorneys, fiduciaries and administrators, are DISCHARGED from any and all liability to Frederick L. Boyd ("Frederick"), William H. Broome ("William"), in his capacity as guardian ad litem for Frederick, F.B., a minor, and Charity Teague ("Charity"), in her capacity as guardian ad litem of F.B., (together Frederick, William, F.B., and Charity shall be referred to as "Defendants") relating to the Group Policy and/or the Death Benefit;
(3) all claims, rights, interests and actions that Defendants might otherwise have held against The Prudential Insurance Company of America with respect to the Group Policy and/or the Death Benefit are RELEASED;
(4) any and all claims against The Prudential Insurance Company of America relative to the Group Policy and/or the Death Benefit are DISMISSED WITH PREJUDICE, and The Prudential Insurance Company of America is DISMISSED from this litigation;
(5) the parties are hereby REALIGNED with Frederick L. Boyd as plaintiff and F.B., a minor, by and through his guardian in fact, Charity Teague, as defendant; and
(6) this Court RETAINS jurisdiction over the Defendants, who are compelled to litigate, adjust and/or settle among each other their respective and lawful entitlement to the Death Benefit, or upon their failure to do so, this Court shall settle and adjust the claims and determine to whom the total funds shall be paid.
The Court expressly determines that there is no just reason for delay in the entry of this judgment as a partial final judgment in that it is the ultimate disposition of the individual claims against a party in this multiple claims and parties action. The Court expressly directs that final judgment be entered in favor of The Prudential Insurance Company of America under Rule 54(b).
DONE and ORDERED.