Diversified Investment Advisors, Inc. v. Watkins et al, No. 7:2009cv00680 - Document 17 (N.D.N.Y 2009)
Court Description: DECISION AND ORDER granting Pltf's 14 Motion. Pltf is discharged from this action and from further liability as a disinterested stakeholder and Defts shall interplead and submit their claims to the Court. Signed by Senior Judge Thomas J. McAvoy on 10/5/09. (sfp, )
Download PDF
<![CDATA[
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------DIVERSIFIED INVESTMENT ADVISORS, INC, Plaintiff, v. 09-cv-680 CARLTON K. WATKINS and MAXWELL COFFEY, Defendants. -------------------------------THOMAS J. McAVOY Senior United States District Judge DECISION and ORDER Plaintiff commenced the instant interpleader action to resolve competing claims to funds in a participating account held by Patricia C. Wakins under the Albert Lindley Lee Memorial Hospital 304(b) Program (the Plan ). Plaintiff serves as the Plan administrator. The funds in the amount of $44,214.17 have been deposited into the Court s registry. Plaintiff now moves pursuant to 28 U.S.C. ยง 1335 asking that: (1) it be discharged from this action and from further liability as a disinterested stakeholder; and (2) Defendants be required to interplead and submit their claims to this Court. The underlying facts are as follows. Patricia Watkins completed her application for enrollment in the Plan. She designated Defendant Carlton Watkins as sole beneficiary. Patricia Watkins has since died. In March 2009, after Patricia Watkins s death, Carlton Watkins filed a claim for the Plan benefits. Defendant Maxwell Coffey, personal representative of Patricia Watkins s estate, also filed a claim for the plan benefits. It appears that there is a dispute between Defendants whether Patricia Watkins s divorce from Carlton Watkins terminated Carlton Watkins s designation as beneficiary to the funds. The Court finds that, pursuant to the undisputed facts,1 interpleader is warranted and that, because Plaintiff has deposited the funds with the Court, it is entitled to be discharged from this action. For the foregoing reasons, Plaintiff s motion is GRANTED. Plaintiff DIVERSIFIED is DISCHARGED from this action and from further liability as a disinterested stakeholder and Defendants shall interplead and submit their claims to the Court. IT IS SO ORDERED. Dated: October 5, 2009 1 Defendant Maxwell Coffey has stated that he has no objection to the requested relief and Defendant W atkins has failed to appear in opposition. - 2 -
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
