The Prudential Insurance Company of America v. Buttry et al, No. 5:2009cv00227 - Document 30 (E.D. Ky. 2010)

Court Description: OPINION & ORDER: (1) Defendant's 27 MOTION for Distribution of Funds is GRANTED. (2) A judgment setting forth the proper disbursements of the funds will be entered contemporaneously with this Opinion & Order. Signed by Judge Karl S. Forester on March 12, 2010. (AWD) cc: COR

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF KENTUCKY CENTRAL DIVISION at LEXINGTON CIVIL ACTION NO. 09-227-KSF THE PRUDENTIAL INSURANCE COMPANY OF AMERICA, v. PLAINTIFF OPINION & ORDER BENNIE JEAN BUTTRY a/k/a JEANNIE BUTTRY and DEAN BUTTRY DEFENDANTS ********* This matter comes before the Court on the motion of the defendants, Bennie Jean Buttry a/k/a Jeannie Buttry (hereinafter Bennie Jean Buttry ) and Dean Buttry for an order authorizing distribution of proceeds to Bennie Jean Buttry. The plaintiff, Prudential Insurance Company of America ( Prudential ) filed this interpleader action to determine whether the named beneficiary, defendant Bennie Jean Buttry, or the contingent beneficiary, defendant Dean Buttry, is entitled to recover the insurance benefits payable upon the death of William Buttry III based on an employee welfare benefit plan issued by Prudential. Pursuant to the Court s Order of November 20, 2009 [DE #20], Prudential deposited into the Court registry the entire death claim benefit of $50,000, plus $9,527.72 in interest. The Court subsequently granted Prudential s motion for attorney s fees in the amount of $9,077.00 [DE #25]. The defendants now move the Court for an order authorizing the disbursement of funds to Bennie Jean Buttry. The Court, being fully and sufficiently advised, hereby ORDERS as follows: (1) the defendant s motion for an order authorizing disbursement of funds [DE #27] is GRANTED; and (2) a judgment setting forth the proper disbursement of the funds will be entered contemporaneously with this Opinion & Order. This March 12, 2010.

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