Jackson National Life Insurance Company v. Ifshin et al, No. 7:2020cv06930 - Document 19 (S.D.N.Y. 2020)
Court Description: MEMO ENDORSED ORDER granting in part and denying in part 6 Motion for Interpleader Deposit (28 U.S.C. Section 1335). ; granting in part and denying in part 13 Motion for Interpleader Deposit (28 U.S.C. Section 1335). ; denying as moot 18 Moti on for Conference. ENDORSEMENT: On August 27, 2020, and then again on September 2, 2020, Plaintiff Jackson National Life Insurance Company ("Jackson National") filed a motion with the Court requesting an order: (1) directing the Clerk of the Court to permit Jackson National to deposit the annuity proceeds into the Court Registry; (2) enjoining Defendants Ellen A. Ifshin and Gregory T. Bond, and all other parties, from instituting or prosecuting any duplicative action; (3) dischargi ng Jackson National from further liability with respect to the Proceeds and Annuity; (4) dismissing Jackson National from this action, and (5) awarding attorneys' fees and costs to Jackson National (the "Deposit Motion"). (ECF Nos. 6 & 13.) Jackson National initially failed to comply with this Court's local rule requiring the submission of a pre-motion conference letter setting forth the basis for its motion. But, on September 18, 2020, filed a letter requesting a pre-mo tion conference, or, in the alternative, to set a briefing schedule and hearing date for the Deposit Motion. (ECF No. 18.) Finally, Jackson National has informed the Court through electronic mail that, as of November 10, 2020, Defendant Gregory T. Bond has consented to the Deposit Motion, and that it has been unable to reach Defendant Ellen A. Ifshin. Despite Jackson Nationals initial failure to comply with this Court's local rules, the Court waives its requirement for a pre-motion con ference, and deems the Deposit Motion fully briefed. Jackson National's unopposed Deposit Motion (ECF Nos. 6 & 13) is GRANTED in part: (1) Jackson National is permitted to deposit the proceeds for the subject annuity into the Court Registry; (2) Defendants are enjoined from instituting or prosecuting any duplicative action affecting the subject annuity proceeds; (3) Jackson National is dismissed from this action; and (4) Jackson National is discharged from further liability with respec t to the subject annuity and proceeds absent a showing of good cause by Defendants as to why they did not timely oppose the Deposit Motion. Further, Jackson National is granted leave to file a separate motion requesting attorneys' fees and co sts with the following briefing schedule: (1) Plaintiff's moving papers shall be served, not filed, on December 10, 2020; (2) Defendants' opposition papers shall be served, not filed, on January 11, 2021; and (3) Plaintiff's reply pa pers shall be served on January 26, 2021. Plaintiff is directed to file all motion documents, including any opposition, on the reply date, January 26, 2021. The parties shall provide two (2) copies of their respective motion documents to Chambers on the date the documents are served upon their adversary. Plaintiff is directed to serve copies of this Memorandum Endorsement on Defendants and show proof of service on the docket. Jackson National's motion requesting a pre-motion conference (ECF No. 18) is DENIED as moot. Accordingly, Jackson National is directed to deposit $15,297.56 with the Clerk of the Court. The Clerk of the Court is kindly directed to take in $15,297.56 to be placed in the Court Registry's interest-bearing account. The Clerk of the Court is further directed to terminate the motions at ECF Nos. 6, 13, and 18. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 11/10/20) (yv) Transmission to Finance Unit (Cashiers) for processing.
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Jackson National Life Insurance Company v. Ifshin et al Memorandum Endorsement Doc. 19 3313214242 Jackson National Life Insurance Company v. Ellen A. Ifshin and Gregory T. Bond, 20-cv-06930 (NSR) On August 27, 2020, and then again on September 2, 2020, Plaintiff Jackson National Life Insurance Company (“Jackson National”) filed a motion with the Court requesting an order: (1) directing the Clerk of the Court to permit Jackson National to deposit the annuity proceeds into the Court Registry; (2) enjoining Defendants Ellen A. Ifshin and Gregory T. Bond, and all other parties, from instituting or prosecuting any duplicative action; (3) discharging Jackson National from further liability with respect to the Proceeds and Annuity; (4) dismissing Jackson National from this action, and (5) awarding attorneys’ fees and costs to Jackson National (the “Deposit Motion”). (ECF Nos. 6 & 13.) Jackson National initially failed to comply with this Court’s local rule requiring the submission of a pre-motion conference letter setting forth the basis for its motion. But, on September 18, 2020, filed a letter requesting a pre-motion conference, or, in the alternative, to set a briefing schedule and hearing date for the Deposit Motion. (ECF No. 18.) Finally, Jackson National has informed the Court through electronic mail that, as of November 10, 2020, Defendant Gregory T. Bond has consented to the Deposit Motion, and that it has been unable to reach Defendant Ellen A. Ifshin. Despite Jackson National’s initial failure to comply with this Court’s local rules, the Court waives its requirement for a pre-motion conference, and deems the Deposit Motion fully briefed. Jackson National’s unopposed Deposit Motion (ECF Nos. 6 & 13) is GRANTED in part: (1) Jackson National is permitted to deposit the proceeds for the subject annuity into the Court Registry; (2) Defendants are enjoined from instituting or prosecuting any duplicative action affecting the subject annuity proceeds; (3) Jackson National is dismissed from this action; and (4) Jackson National is discharged from further liability with respect to the subject annuity and proceeds absent a showing of good cause by Defendants as to why they did not timely oppose the Deposit Motion. Further, Jackson National is granted leave to file a separate motion requesting attorneys’ fees and costs with the following briefing schedule: (1) Plaintiff’s moving papers shall be served, not filed, on December 10, 2020; (2) Defendants’ opposition papers shall be served, not filed, on January 11, 2021; and (3) Plaintiff’s reply papers shall be served on January 26, 2021. Plaintiff is directed to file all motion documents, including any opposition, on the reply date, January 26, 2021. The parties shall provide two (2) copies of their respective motion documents to Chambers on the date the documents are served upon their adversary. Plaintiff is directed to serve copies of this Memorandum Endorsement on Defendants and show proof of service on the docket. Jackson National’s motion requesting a pre-motion conference (ECF No. 18) is DENIED as moot. Dockets.Justia.com Accordingly, Jackson National is directed to deposit $15,297.56 with the Clerk of the Court. The Clerk of the Court is kindly directed to take in $15,297.56 to be placed in the Court Registry’s interest-bearing account. The Clerk of the Court is further directed to terminate the motions at ECF Nos. 6, 13, and 18. Dated: November 10, 2020 White Plains, New York SO ORDERED: ________________________________ HON. JUDGE NELSON S. ROMÁN U.S. DISTRICT COURT JUDGE, S.D.N.Y. Case 7:20-cv-06930-NSR Document 6 Filed 08/27/20 Page 1 of 2 POLSINELLI PC Frank T. Spano Darnell Stanislaus 600 Third Avenue, 42nd Floor New York, New York 10016 (212) 684-0199 fspano@polsinelli.com dstanislaus@polsinelli.com Attorneys for Plaintiff UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK JACKSON NATIONAL LIFE INSURANCE COMPANY, Plaintiff v. Case No. NOTICE OF MOTION ELLEN A. IFSHIN f/k/a ELLEN, A. BOND and GREGORY T. BOND, Defendant PLEASE TAKE NOTICE that upon the Declaration of Theresa Thompson, the Interpleader Complaint and the exhibits attached thereto, and the accompanying Memorandum of Law, Plaintiff Jackson National Life Insurance Company (“Jackson National”) will move this Court, at the United States Courthouse for the Southern District of New York, located at 300 Quarropas Street, White Plains, New York, at a date and time to be designated by the Court, for an order granting Jackson National leave to deposit into the Court’s registry the death benefit owed under an annuity issued to Focus 2000 for Annuitant Philip G. Bond, and: (a) discharging Jackson National from further liability under the annuity; (b) enjoining the competing claimants from initiating any separate action against Jackson National and/or its agents with respect to the Annuity; (c) awarding Jackson National its reasonable attorney’s fees and costs; and (d) dismissing Jackson National from this action. 74477325.1 Case 7:20-cv-06930-NSR Document 6 Filed 08/27/20 Page 2 of 2 Dated: New York, New York August 26, 2020 POLSINELLI PC By: /s/ Frank T. Spano 600 Third Avenue, 42nd Floor New York, New York 10016 (212) 684-0199 Fax No. (212) 684-0197 fspano@polsinelli.com dstanislaus@polsinelli.com ATTORNEYS FOR PLAINTIFF 2 74477325.1 Case 7:20-cv-06930-NSR Document 6-1 Filed 08/27/20 Page 1 of 5 POLSINELLI PC Frank T. Spano Darnell Stanislaus 600 Third Avenue, 42nd Floor New York, New York 10016 (212) 684-0199 fspano@polsinelli.com dstanislaus@polsinelli.com Attorneys for Plaintiff UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK JACKSON NATIONAL LIFE INSURANCE COMPANY, Case No. Plaintiff v. ELLEN A. IFSHIN f/k/a ELLEN, A. BOND and GREGORY T. BOND, Defendant MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF’S MOTION TO DEPOSIT POLICY BENEFIT INTO THE COURT’S REGISTRY AND FOR INTERPLEADER RELIEF Plaintiff Jackson National Life Insurance Company (“Jackson National”) respectfully submits this memorandum of law in support of its Motion to Deposit Policy Benefit into the Court’s Registry and for Interpleader Relief. I. FACTUAL BACKGROUND 1. On January 3, 1989, Jackson National issued a Flexible Premium Deferred Annuity Policy, bearing Policy Number 0004865310 (the “Annuity”) to Focus 2000 with Philip G. Bond, deceased being the annuitant (“Annuitant”). See Declaration of Theresa Thompson at ¶ 3. 2. The proceeds of the Annuity are subject to competing claims as the result of the death of Annuitant. See id. at ¶ 4. 74479214.2 Case 7:20-cv-06930-NSR Document 6-1 Filed 08/27/20 Page 2 of 5 3. On or around February 21, 2020, Jackson National was provided, among other things, a certificate of death of Annuitant, who died on July 1, 2016, as a resident of San Diego, California. See id. at ¶ 5. 4. As of August 12, 2020, the value of the Annuity’s death benefit proceeds is $15,297.56 (the “Proceeds”). See id. at ¶ 6. 5. The Annuity identifies the primary beneficiary as Ellen A. Ifshin f/k/a Ellen A. Bond (“Ifshin”), Annuitant’s ex-wife and the contingent beneficiary as Gregory T. Bond (“Bond”), Annuitant’s son. See id. at ¶ 7. 6. On February 21, 2020, Bond provided to Jackson National an executed claim form, along with a Marital Settlement Agreement between Annuitant and Ifsin. See id. at ¶ 8. 7. On March 14, 2020, Jackson National sent correspondence to Bond informing him that Ifshin was the designated beneficiary of the Annuity. See id. at ¶ 9. 8. On May 4, 2020, Jackson National sent correspondence to Ifshin advising her that she was the named beneficiary under the Annuity and asking her to return an executed claim form if she intended to claim the proceeds of the Annuity by June 1, 2020. See id. at ¶ 10. 9. On May 4, 2020, Jackson National notified Bond that Annuitant’s divorce from Ifshin did not automatically revoke her designation as the beneficiary of the Annuity and asked Bond to notify Jackson National if he disagreed. See id. at ¶ 11. 10. On May 16, 2020, Jackson National received Ifshin’s Election Regarding Claim Proceeds in which she claimed she was the proper beneficiary of the Annuity and intended to file a claim for the Annuity’s death benefit proceeds. See id. at ¶ 12. 11. On May 12, 2020, Bond sent a letter to Jackson National, stating that if Ifshin attempted to claim the Proceeds he would contest her claim. See id. at ¶ 13. 2 74479214.2 Case 7:20-cv-06930-NSR Document 6-1 Filed 08/27/20 Page 3 of 5 12. On June 1, 2020, Jackson National received from Ifshin an Annuity Death Benefit Claim Form indicating that she elected to claim the Proceeds. See id. at ¶ 14 13. Jackson National is unable to determine the validity of the conflicting and competing claims to the Proceeds of the Annuity and fears that payment of the Proceeds to any one claimant will subject it to additional liability to the other claimants seeking payment of the Proceeds under the Annuity. 14. Jackson National has no interest in the Proceeds except to the extent such payment discharges any and all obligations Jackson National may owe to any party arising out of the Annuitant’s death and the benefit payable as a consequence thereof under the Annuity. 15. On this same day, Jackson National filed this statutory interpleader action pursuant to 28 U.S.C. § 1335 as a disinterested stakeholder claiming no interest in the Proceeds of the Annuity. II. LEGAL ARGUMENT A. Jackson National is Entitled to an Order to Permit Deposit of the Proceeds into the Registry of this Court. This Court has held that in order to exercise jurisdiction over a statutory interpleader action under 28 U.S.C. § 1335, the interpleader plaintiff must deposit the money or property at issue into the registry of this Court. See, e.g. Fed. Ins. Co. v. Tyco Int’l, Ltd., 422 F.Supp.2d 357 (S.D.N.Y. 2006). Pursuant Fed.R.Civ.P. 67(a), Jackson National requires an order from this Court to direct the Clerk to permitting deposit on the Proceeds. Accordingly, Jackson National respectfully requests and order from this Court allowing Jackson National to deposit the Proceeds into the Court’s registry, and, thereafter, to be discharged from further liability with respect to the Proceeds and the Annuity and to be dismissed from this action. B. Jackson National is Entitled to an Injunction Against Duplicitous Actions 28 U.S.C. § 2361 provides that 3 74479214.2 Case 7:20-cv-06930-NSR Document 6-1 Filed 08/27/20 Page 4 of 5 In any civil action of interpleader or in the nature of interpleader under section 1335 of this title, a district court may issue its process for all claimants and enter its order restraining them from instituting or prosecuting any proceeding in any State or United States court affecting the property, instrument or obligation involved in the interpleader action until further order of the court. This Court has determined that an “injunction against overlapping lawsuits is desirable to insure the effective of the interpleader remedy. It prevents the multiplicity of actions and reduces the possibility of inconsistent determinations.” Sotheby’s Inc. v. Garcia, 802 F.Supp. 1058 (S.D.N.Y. 1992) Accordingly, Jackson National further requests that the Court enter an Order restraining Defendants, their heirs, legal representatives, successors and assigns, and all other persons claiming by, through, or under them, be permanently enjoined and restrained from instituting or prosecuting any action in any state or United States Court against Jackson National and its agents and representatives with respect to the Annuity or the Proceeds. C. Jackson National is Entitled to an Order of Dismissal Upon Jackson National’s deposit of the Proceeds into the registry of the Court, Jackson National respectfully requests an order of discharge from further liability with respect to the Annuity and the Proceeds and an order of dismissal from this action. D. Jackson National Requests its Attorneys’ Fees Finally, Jackson National requests an order awarding Jackson National its attorneys’ fees and costs to be paid from the Proceeds. Jackson National is a disinterested party that was forced to bring the present suit after competing claims by the ex-wife and son of the Annuitant. Dated: New York, New York August 26, 2020 4 74479214.2 Case 7:20-cv-06930-NSR Document 6-1 Filed 08/27/20 Page 5 of 5 POLSINELLI PC By: /s/ Frank T. Spano 600 Third Avenue, 42nd Floor New York, New York 10016 (212) 684-0199 Fax No. (212) 684-0197 fspano@polsinelli.com dstanislaus@polsinelli.com ATTORNEYS FOR PLAINTIFF 5 74479214.2 /:4<3769 09=58:;5 2/+ /"'(-%&(!#(0-!%&0$!*$,/!1$&)0")&/,.0 Case 7:20-cv-06930-NSR Document 6-2 Filed 08/27/20 Page 1 of 3 POLSINELLI PC Frank T. Spano Darnell Stanislaus 600 Third Avenue, 42nd Floor New York, New York 10016 (212) 684-0199 fspano@polsinelli.com dstanislaus@polsinelli.com Attorneys for Plaintiff UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK JACKSON NATIONAL LIFE INSURANCE COMPANY, Case No. Plaintiff v. ELLEN A. IFSHIN f/k/a ELLEN, A. BOND and GREGORY T. BOND, Defendant DECLARATION OF THERESA THOMPSON IN SUPPORT OF MOTION TO DEPOSIT Theresa Thompson, pursuant to 28 U.S.C. §1746, and under penalties of perjury, hereby affirms and states as follows: 1. I am a Claims Examiner at Jackson National Life Insurance Company (“Jackson National”), the plaintiff in this action. The information contained herein is either personally known to me or has been obtained from (1) people whom I believe to be reliable and capable of ascertaining the facts described herein or (2) records maintained by Jackson National. 2. I submit this declaration in support of Jackson National’s motion for an order permitting the deposit of the proceeds of Jackson National Flexible Premium Deferred Annuity Policy, bearing Policy Number 0004865310 (the “Annuity”) into the Registry of this Court. 3. The Annuity was issued on January 3, 1989 to Focus 2000 with Philip G. Bond, being the annuitant (“Annuitant”). See Annuity, attached as Exhibit 1. 74485817.2 /:4<3769 09=58:;5 2/+ /"'(-%&(!#(0-!%&0$!*$,/!1$&)0")&/,.0 Case 7:20-cv-06930-NSR Document 6-2 Filed 08/27/20 Page 2 of 3 4. The proceeds of the Annuity are subject to competing claims as the result of the death of Annuitant. 5. On or around February 21, 2020, Jackson National was provided, among other things, a certificate of death of Annuitant, who died on July 1, 2016, as a resident of San Diego, California. See February 21, 2020 Fax to Jackson National, attached as Exhibit 2. 6. As of August 12, 2020, the value of the Annuity’s death benefit proceeds is $15,297.56 (the “Proceeds”). 7. The Annuity identifies the primary beneficiary as Ellen A. Ifshin f/k/a Ellen A. Bond (“Ifshin”), Annuitant’s ex-wife and the contingent beneficiary as Gregory T. Bond (“Bond”), Annuitant’s son. See Annuity, attached as Exhibit 1. 8. On February 21, 2020, Bond provided to Jackson National an executed claim form, along with a Marital Settlement Agreement between Annuitant and Ifsin. See February 1, 2020 Fax from Bond to Jackson National, attached as Exhibit 2. 9. On March 14, 2020, Jackson National sent correspondence to Bond informing him that Ifshin was the designated beneficiary of the Annuity. See March 14, 2020 Letter to Bond, attached as Exhibit 3. 10. On May 4, 2020, Jackson National sent correspondence to Ifshin advising her that she was the named beneficiary under the Annuity and asking her to return an executed claim form if she intended to claim the proceeds of the Annuity by June 1, 2020. See May 4, 2020 Letter from Jackson National to Ifshin, attached as Exhibit 4. 11. On May 4, 2020, Jackson National notified Bond that Annuitant’s divorce from Ifshin did not automatically revoke her designation as the beneficiary of the Annuity and asked Bond to notify Jackson National if he disagreed. See May 4, 2020 Letter from Jackson National to Bond, attached as Exhibit 5. 2 74485817.2 /:4<3769 09=58:;5 2/+ /"'(-%&(!#(0-!%&0$!*$,/!1$&)0")&/,.0 Case 7:20-cv-06930-NSR Document 6-2 Filed 08/27/20 Page 3 of 3 12. On May 16, 2020, Jackson National received Ifshin’s Election Regarding Claim Proceeds in which she claimed she was the proper beneficiary of the Annuity and intended to file a claim for the Annuity’s death benefit proceeds. See May 16, 2020 Election Regarding Claim for Proceeds, attached as Exhibit 6. 13. On May 12, 2020, Bond sent a letter to Jackson National, stating that if Ifshin attempted to claim the Proceeds he would contest her claim. See May 12, 2020 Letter from Bond to Jackson National, attached as Exhibit 7. 14. On June 1, 2020, Jackson National received from Ifshin an Annuity Death Benefit Claim Form indicating that she elected to claim the Proceeds. See Ifshin Annuity Death Benefit Form, attached as Exhibit 8. I declare under penalty of perjury that the foregoing is true and correct. DATED: August 21, 2020 Theresa Thompson 3 74485817.2 Case 7:20-cv-06930-NSR Document 6-3 Filed 08/27/20 Page 1 of 8 Case 7:20-cv-06930-NSR Document 6-3 Filed 08/27/20 Page 2 of 8 Case 7:20-cv-06930-NSR Document 6-3 Filed 08/27/20 Page 3 of 8 Case 7:20-cv-06930-NSR Document 6-3 Filed 08/27/20 Page 4 of 8 Case 7:20-cv-06930-NSR Document 6-3 Filed 08/27/20 Page 5 of 8 Case 7:20-cv-06930-NSR Document 6-3 Filed 08/27/20 Page 6 of 8 Case 7:20-cv-06930-NSR Document 6-3 Filed 08/27/20 Page 7 of 8 Case 7:20-cv-06930-NSR Document 6-4 Filed 08/27/20 Page 1 of 2 Case 7:20-cv-06930-NSR Document 6-4 Filed 08/27/20 Page 2 of 2 Case 7:20-cv-06930-NSR Document 6-5 Filed 08/27/20 Page 1 of 1 Case 7:20-cv-06930-NSR Document 6-6 Filed 08/27/20 Page 1 of 27 Case 7:20-cv-06930-NSR Document 6-6 Filed 08/27/20 Page 2 of 27 Case 7:20-cv-06930-NSR Document 6-6 Filed 08/27/20 Page 3 of 27 Case 7:20-cv-06930-NSR Document 6-6 Filed 08/27/20 Page 4 of 27 Case 7:20-cv-06930-NSR Document 6-6 Filed 08/27/20 Page 5 of 27 Case 7:20-cv-06930-NSR Document 6-6 Filed 08/27/20 Page 6 of 27 Case 7:20-cv-06930-NSR Document 6-6 Filed 08/27/20 Page 8 of 27 Case 7:20-cv-06930-NSR Document 6-6 Filed 08/27/20 Page 10 of 27 Case 7:20-cv-06930-NSR Document 6-6 Filed 08/27/20 Page 11 of 27 Case 7:20-cv-06930-NSR Document 6-6 Filed 08/27/20 Page 12 of 27 Case 7:20-cv-06930-NSR Document 6-6 Filed 08/27/20 Page 13 of 27 Case 7:20-cv-06930-NSR Document 6-6 Filed 08/27/20 Page 14 of 27 Case 7:20-cv-06930-NSR Document 6-6 Filed 08/27/20 Page 15 of 27 Case 7:20-cv-06930-NSR Document 6-6 Filed 08/27/20 Page 16 of 27 Case 7:20-cv-06930-NSR Document 6-6 Filed 08/27/20 Page 17 of 27 Case 7:20-cv-06930-NSR Document 6-6 Filed 08/27/20 Page 18 of 27 Case 7:20-cv-06930-NSR Document 6-6 Filed 08/27/20 Page 19 of 27 Case 7:20-cv-06930-NSR Document 6-6 Filed 08/27/20 Page 20 of 27 Case 7:20-cv-06930-NSR Document 6-6 Filed 08/27/20 Page 21 of 27 Case 7:20-cv-06930-NSR Document 6-6 Filed 08/27/20 Page 22 of 27 Case 7:20-cv-06930-NSR Document 6-6 Filed 08/27/20 Page 23 of 27 Case 7:20-cv-06930-NSR Document 6-6 Filed 08/27/20 Page 24 of 27 Case 7:20-cv-06930-NSR Document 6-6 Filed 08/27/20 Page 25 of 27 Case 7:20-cv-06930-NSR Document 6-6 Filed 08/27/20 Page 26 of 27 Case 7:20-cv-06930-NSR Document 6-6 Filed 08/27/20 Page 27 of 27 Case 7:20-cv-06930-NSR Document 6-7 Filed 08/27/20 Page 2 of 8 Case 7:20-cv-06930-NSR Document 6-7 Filed 08/27/20 Page 3 of 8 Case 7:20-cv-06930-NSR Document 6-7 Filed 08/27/20 Page 4 of 8 Case 7:20-cv-06930-NSR Document 6-7 Filed 08/27/20 Page 5 of 8 Case 7:20-cv-06930-NSR Document 6-7 Filed 08/27/20 Page 7 of 8 Case 7:20-cv-06930-NSR Document 6-7 Filed 08/27/20 Page 8 of 8 Case 7:20-cv-06930-NSR Document 6-9 Filed 08/27/20 Page 1 of 2 Case 7:20-cv-06930-NSR Document 6-9 Filed 08/27/20 Page 2 of 2 Case 7:20-cv-06930-NSR Document 6-10 Filed 08/27/20 Page 1 of 1 F9 9 GHGIGFHIFGII0 GFI GFHFGFIHGHIGFGFGHFGGFHIHFIHGIHFGHGHGH 0 8 8 ! 0 8 "#$ KLMNOPQRSTQVWXYZR[[[\]^_`a[ bPPWcQSPQMdecfcghijOPklmZTZSnZk 02 C123 E5 8264;:6J 01 65 29 o2: 19@305506D p10?04 26<q1 <062:4; <2493;651 o2: 29: :;60;2 1 29 5622 ??;6 26< 2 1 51; 66905 q1 4:03 : @;6;o040 : 5 51; 503; 2o p10?04 26<q1 4 1106D 9: ;D ? ;4 :53;65 1 1 :;60;2;< 51; <062:4; <2493;651 29 19@3055;< 6< 05 01 29: 2406026 51 5 p10?04 26<q1 <062:4; o:23 51; 4:03 : @;6;o040 : <0< 625 9523 504 ?? :;625; 1;: <;10D6 5026 1 @;6;o040 : 2o 51; 66905 C; 15 51 5 29 6250o 91 0o 29 <01 D:;; 2051 29: 2406026 C; @;?0;6; 51 5 2; 1 6; ?24 5;< 51; 4:03 : @;6;o040 : 9106D 1;: 6 3; 1944?0;< 06 51; <062:4; <2493;651 6< 2; :; :; 4106D 295 52 1;: 52 <;5;:306; 21;51;: 11; 065;6<1 52 3 5; 4? 03 52 51; 66905 q1 <; 51 @;6;o05 4:24;;<1 1 2o 51; 6 ?9; 2o 51; 66905 q1 <; 51 @;6;o05 4:24;;<1 01 r $ C; 1 6; 15;< 1;: 52 4:260<; 91 2051 426o0:3 5026 2o 1;: 065;65 @ B96; 6< 2; 20?? 6250o 29 o5;: 2; :;4;06; 51 5 426o0:3 5026 Eo B 45126 :;4;06;1 4234;506D 4? 031 2; 3 625 @; @?; 52 <015:0@95; 51; <; 51 @;6;o05 9650? 51 5 <01495; 01 :;12?6;< Eo 29 1 6; 6 <<05026 ? s9;150261 2: 4264;:61 60105 29: 2;@105; 5 222 3 45126 423 52 4265 45 B 45126 60 ;3 0? 2: o2: <<05026 ? :;129:4;1 29 3 ?12 4265 45 29: >;:604; 8;65;: 5 ###7 7 >064;:;? tuvwuyuz{|z 9: 6126 /p p2?04 26;: >;:604;1 %&'()*(,-. /0105 222 3 45126 423 7# 7 7 8 7129: 9523 5;< 1;:604;= >;:604; 11240 5;1 6 0? @?; 26< 51:9 A:0< B 45126 >;:604; 8;65;: 82:42: 5; C 6106D E # 0123456789 Case 7:20-cv-06930-NSR Document 6-11 Filed 08/27/20 Page 1 of 1 Case 7:20-cv-06930-NSR Document 6-12 Filed 08/27/20 Page 1 of 1 Case 7:20-cv-06930-NSR Document 6-13 Filed 08/27/20 Page 2 of 9 Case 7:20-cv-06930-NSR Document 6-13 Filed 08/27/20 Page 3 of 9 Case 7:20-cv-06930-NSR Document 6-13 Filed 08/27/20 Page 4 of 9 Case 7:20-cv-06930-NSR Document 6-13 Filed 08/27/20 Page 6 of 9 Case 7:20-cv-06930-NSR Document 6-13 Filed 08/27/20 Page 8 of 9 Case 7:20-cv-06930-NSR Document 6-13 Filed 08/27/20 Page 9 of 9 Case 7:20-cv-06930-NSR Document 13 Filed 09/02/20 Page 1 of 2 POLSINELLI PC Frank T. Spano Darnell Stanislaus 600 Third Avenue, 42nd Floor New York, New York 10016 (212) 684-0199 fspano@polsinelli.com dstanislaus@polsinelli.com Attorneys for Plaintiff UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK JACKSON NATIONAL LIFE INSURANCE COMPANY, Plaintiff v. Case No. NOTICE OF MOTION ELLEN A. IFSHIN f/k/a ELLEN, A. BOND and GREGORY T. BOND, Defendant PLEASE TAKE NOTICE that upon the Declaration of Theresa Thompson, the Interpleader Complaint and the exhibits attached thereto, and the accompanying Memorandum of Law, Plaintiff Jackson National Life Insurance Company (“Jackson National”) will move this Court, at the United States Courthouse for the Southern District of New York, located at 300 Quarropas Street, White Plains, New York, at a date and time to be designated by the Court, for an order granting Jackson National leave to deposit into the Court’s Disputed Ownership Fund in an interest bearing account the death benefit owed under an annuity issued to Focus 2000 for Annuitant Philip G. Bond, and: (a) discharging Jackson National from further liability under the annuity; (b) enjoining the competing claimants from initiating any separate action against Jackson National and/or its agents with respect to the Annuity; (c) awarding Jackson National its reasonable attorney’s fees and costs; and (d) dismissing Jackson National from this action. 74477325.1 Case 7:20-cv-06930-NSR Document 13 Filed 09/02/20 Page 2 of 2 Dated: New York, New York September 2, 2020 POLSINELLI PC By: /s/ F r a n k T. Sp a n o Frank T. Spano 600 Third Avenue, 42nd Floor New York, New York 10016 (212) 684-0199 Fax No. (212) 684-0197 fspano@polsinelli.com dstanislaus@polsinelli.com ATTORNEYS FOR PLAINTIFF 2 74477325.1 Case 7:20-cv-06930-NSR Document 13-1 Filed 09/02/20 Page 1 of 5 POLSINELLI PC Frank T. Spano Darnell Stanislaus 600 Third Avenue, 42nd Floor New York, New York 10016 (212) 684-0199 fspano@polsinelli.com dstanislaus@polsinelli.com Attorneys for Plaintiff UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK JACKSON NATIONAL LIFE INSURANCE COMPANY, Case No. Plaintiff v. ELLEN A. IFSHIN f/k/a ELLEN, A. BOND and GREGORY T. BOND, Defendant MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF’S MOTION TO DEPOSIT POLICY BENEFIT INTO THE COURT’S REGISTRY AND FOR INTERPLEADER RELIEF Plaintiff Jackson National Life Insurance Company (“Jackson National”) respectfully submits this memorandum of law in support of its Motion to Deposit Policy Benefit into the Court’s Disputed Ownership Fund and for Interpleader Relief. I. FACTUAL BACKGROUND 1. On January 3, 1989, Jackson National issued a Flexible Premium Deferred Annuity Policy, bearing Policy Number 0004865310 (the “Annuity”) to Focus 2000 with Philip G. Bond, deceased being the annuitant (“Annuitant”). See Declaration of Theresa Thompson at ¶ 3. 2. The proceeds of the Annuity are subject to competing claims as the result of the death of Annuitant. See id. at ¶ 4. 74479214.2 Case 7:20-cv-06930-NSR Document 13-1 Filed 09/02/20 Page 2 of 5 3. On or around February 21, 2020, Jackson National was provided, among other things, a certificate of death of Annuitant, who died on July 1, 2016, as a resident of San Diego, California. See id. at ¶ 5. 4. As of August 12, 2020, the value of the Annuity’s death benefit proceeds is $15,297.56 (the “Proceeds”). See id. at ¶ 6. 5. The Annuity identifies the primary beneficiary as Ellen A. Ifshin f/k/a Ellen A. Bond (“Ifshin”), Annuitant’s ex-wife and the contingent beneficiary as Gregory T. Bond (“Bond”), Annuitant’s son. See id. at ¶ 7. 6. On February 21, 2020, Bond provided to Jackson National an executed claim form, along with a Marital Settlement Agreement between Annuitant and Ifsin. See id. at ¶ 8. 7. On March 14, 2020, Jackson National sent correspondence to Bond informing him that Ifshin was the designated beneficiary of the Annuity. See id. at ¶ 9. 8. On May 4, 2020, Jackson National sent correspondence to Ifshin advising her that she was the named beneficiary under the Annuity and asking her to return an executed claim form if she intended to claim the proceeds of the Annuity by June 1, 2020. See id. at ¶ 10. 9. On May 4, 2020, Jackson National notified Bond that Annuitant’s divorce from Ifshin did not automatically revoke her designation as the beneficiary of the Annuity and asked Bond to notify Jackson National if he disagreed. See id. at ¶ 11. 10. On May 16, 2020, Jackson National received Ifshin’s Election Regarding Claim Proceeds in which she claimed she was the proper beneficiary of the Annuity and intended to file a claim for the Annuity’s death benefit proceeds. See id. at ¶ 12. 11. On May 12, 2020, Bond sent a letter to Jackson National, stating that if Ifshin attempted to claim the Proceeds he would contest her claim. See id. at ¶ 13. 2 74479214.2 Case 7:20-cv-06930-NSR Document 13-1 Filed 09/02/20 Page 3 of 5 12. On June 1, 2020, Jackson National received from Ifshin an Annuity Death Benefit Claim Form indicating that she elected to claim the Proceeds. See id. at ¶ 14 13. Jackson National is unable to determine the validity of the conflicting and competing claims to the Proceeds of the Annuity and fears that payment of the Proceeds to any one claimant will subject it to additional liability to the other claimants seeking payment of the Proceeds under the Annuity. 14. Jackson National has no interest in the Proceeds except to the extent such payment discharges any and all obligations Jackson National may owe to any party arising out of the Annuitant’s death and the benefit payable as a consequence thereof under the Annuity. 15. On this same day, Jackson National filed this statutory interpleader action pursuant to 28 U.S.C. § 1335 as a disinterested stakeholder claiming no interest in the Proceeds of the Annuity. II. LEGAL ARGUMENT A. Jackson National is Entitled to an Order to Permit Deposit of the Proceeds into the Disputed Ownership Fund of this Court. This Court has held that in order to exercise jurisdiction over a statutory interpleader action under 28 U.S.C. § 1335, the interpleader plaintiff must deposit the money or property at issue into the registry of this Court. See, e.g. Fed. Ins. Co. v. Tyco Int’l, Ltd., 422 F.Supp.2d 357 (S.D.N.Y. 2006). Pursuant Fed.R.Civ.P. 67(a), Jackson National requires an order from this Court to direct the Clerk to permitting deposit on the Proceeds. Accordingly, Jackson National respectfully requests and order from this Court allowing Jackson National to deposit the Proceeds into the Court’s Disputed Ownership Fund, and, thereafter, to be discharged from further liability with respect to the Proceeds and the Annuity and to be dismissed from this action. B. 74479214.2 Jackson National is Entitled to an Injunction Against Duplicitous Actions 3 Case 7:20-cv-06930-NSR Document 13-1 Filed 09/02/20 Page 4 of 5 28 U.S.C. § 2361 provides that In any civil action of interpleader or in the nature of interpleader under section 1335 of this title, a district court may issue its process for all claimants and enter its order restraining them from instituting or prosecuting any proceeding in any State or United States court affecting the property, instrument or obligation involved in the interpleader action until further order of the court. This Court has determined that an “injunction against overlapping lawsuits is desirable to insure the effective of the interpleader remedy. It prevents the multiplicity of actions and reduces the possibility of inconsistent determinations.” Sotheby’s Inc. v. Garcia, 802 F.Supp. 1058 (S.D.N.Y. 1992) Accordingly, Jackson National further requests that the Court enter an Order restraining Defendants, their heirs, legal representatives, successors and assigns, and all other persons claiming by, through, or under them, be permanently enjoined and restrained from instituting or prosecuting any action in any state or United States Court against Jackson National and its agents and representatives with respect to the Annuity or the Proceeds. C. Jackson National is Entitled to an Order of Dismissal Upon Jackson National’s deposit of the Proceeds into the registry of the Court, Jackson National respectfully requests an order of discharge from further liability with respect to the Annuity and the Proceeds and an order of dismissal from this action. D. Jackson National Requests its Attorneys’ Fees Finally, Jackson National requests an order awarding Jackson National its attorneys’ fees and costs to be paid from the Proceeds. Jackson National is a disinterested party that was forced to bring the present suit after competing claims by the ex-wife and son of the Annuitant. Dated: New York, New York September 2, 2020 4 74479214.2 Case 7:20-cv-06930-NSR Document 13-1 Filed 09/02/20 Page 5 of 5 POLSINELLI PC By: /s/ F r a n k T. Sp a n o Frank T. Spano 600 Third Avenue, 42nd Floor New York, New York 10016 (212) 684-0199 Fax No. (212) 684-0197 fspano@polsinelli.com dstanislaus@polsinelli.com ATTORNEYS FOR PLAINTIFF 5 74479214.2 /:4<3769 09=58:;5 2/+ /"'(-%&(!#(0-!%&0$!*$,/!1$&)0")&/,.0 Case 7:20-cv-06930-NSR Document 13-2 Filed 09/02/20 Page 1 of 3 POLSINELLI PC Frank T. Spano Darnell Stanislaus 600 Third Avenue, 42nd Floor New York, New York 10016 (212) 684-0199 fspano@polsinelli.com dstanislaus@polsinelli.com Attorneys for Plaintiff UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK JACKSON NATIONAL LIFE INSURANCE COMPANY, Case No. Plaintiff v. ELLEN A. IFSHIN f/k/a ELLEN, A. BOND and GREGORY T. BOND, Defendant DECLARATION OF THERESA THOMPSON IN SUPPORT OF MOTION TO DEPOSIT Theresa Thompson, pursuant to 28 U.S.C. §1746, and under penalties of perjury, hereby affirms and states as follows: 1. I am a Claims Examiner at Jackson National Life Insurance Company (“Jackson National”), the plaintiff in this action. The information contained herein is either personally known to me or has been obtained from (1) people whom I believe to be reliable and capable of ascertaining the facts described herein or (2) records maintained by Jackson National. 2. I submit this declaration in support of Jackson National’s motion for an order permitting the deposit of the proceeds of Jackson National Flexible Premium Deferred Annuity Policy, bearing Policy Number 0004865310 (the “Annuity”) into the Registry of this Court. 3. The Annuity was issued on January 3, 1989 to Focus 2000 with Philip G. Bond, being the annuitant (“Annuitant”). See Annuity, attached as Exhibit 1. 74485817.2 /:4<3769 09=58:;5 2/+ /"'(-%&(!#(0-!%&0$!*$,/!1$&)0")&/,.0 Case 7:20-cv-06930-NSR Document 13-2 Filed 09/02/20 Page 2 of 3 4. The proceeds of the Annuity are subject to competing claims as the result of the death of Annuitant. 5. On or around February 21, 2020, Jackson National was provided, among other things, a certificate of death of Annuitant, who died on July 1, 2016, as a resident of San Diego, California. See February 21, 2020 Fax to Jackson National, attached as Exhibit 2. 6. As of August 12, 2020, the value of the Annuity’s death benefit proceeds is $15,297.56 (the “Proceeds”). 7. The Annuity identifies the primary beneficiary as Ellen A. Ifshin f/k/a Ellen A. Bond (“Ifshin”), Annuitant’s ex-wife and the contingent beneficiary as Gregory T. Bond (“Bond”), Annuitant’s son. See Annuity, attached as Exhibit 1. 8. On February 21, 2020, Bond provided to Jackson National an executed claim form, along with a Marital Settlement Agreement between Annuitant and Ifsin. See February 1, 2020 Fax from Bond to Jackson National, attached as Exhibit 2. 9. On March 14, 2020, Jackson National sent correspondence to Bond informing him that Ifshin was the designated beneficiary of the Annuity. See March 14, 2020 Letter to Bond, attached as Exhibit 3. 10. On May 4, 2020, Jackson National sent correspondence to Ifshin advising her that she was the named beneficiary under the Annuity and asking her to return an executed claim form if she intended to claim the proceeds of the Annuity by June 1, 2020. See May 4, 2020 Letter from Jackson National to Ifshin, attached as Exhibit 4. 11. On May 4, 2020, Jackson National notified Bond that Annuitant’s divorce from Ifshin did not automatically revoke her designation as the beneficiary of the Annuity and asked Bond to notify Jackson National if he disagreed. See May 4, 2020 Letter from Jackson National to Bond, attached as Exhibit 5. 2 74485817.2 /:4<3769 09=58:;5 2/+ /"'(-%&(!#(0-!%&0$!*$,/!1$&)0")&/,.0 Case 7:20-cv-06930-NSR Document 13-2 Filed 09/02/20 Page 3 of 3 12. On May 16, 2020, Jackson National received Ifshin’s Election Regarding Claim Proceeds in which she claimed she was the proper beneficiary of the Annuity and intended to file a claim for the Annuity’s death benefit proceeds. See May 16, 2020 Election Regarding Claim for Proceeds, attached as Exhibit 6. 13. On May 12, 2020, Bond sent a letter to Jackson National, stating that if Ifshin attempted to claim the Proceeds he would contest her claim. See May 12, 2020 Letter from Bond to Jackson National, attached as Exhibit 7. 14. On June 1, 2020, Jackson National received from Ifshin an Annuity Death Benefit Claim Form indicating that she elected to claim the Proceeds. See Ifshin Annuity Death Benefit Form, attached as Exhibit 8. I declare under penalty of perjury that the foregoing is true and correct. DATED: August 21, 2020 Theresa Thompson 3 74485817.2 Case 7:20-cv-06930-NSR Document 13-3 Filed 09/02/20 Page 1 of 8 Case 7:20-cv-06930-NSR Document 13-3 Filed 09/02/20 Page 2 of 8 Case 7:20-cv-06930-NSR Document 13-3 Filed 09/02/20 Page 3 of 8 Case 7:20-cv-06930-NSR Document 13-3 Filed 09/02/20 Page 4 of 8 Case 7:20-cv-06930-NSR Document 13-3 Filed 09/02/20 Page 5 of 8 Case 7:20-cv-06930-NSR Document 13-3 Filed 09/02/20 Page 6 of 8 Case 7:20-cv-06930-NSR Document 13-3 Filed 09/02/20 Page 7 of 8 Case 7:20-cv-06930-NSR Document 13-4 Filed 09/02/20 Page 1 of 2 Case 7:20-cv-06930-NSR Document 13-4 Filed 09/02/20 Page 2 of 2 Case 7:20-cv-06930-NSR Document 13-5 Filed 09/02/20 Page 1 of 1 Case 7:20-cv-06930-NSR Document 13-6 Filed 09/02/20 Page 1 of 27 Case 7:20-cv-06930-NSR Document 13-6 Filed 09/02/20 Page 2 of 27 Case 7:20-cv-06930-NSR Document 13-6 Filed 09/02/20 Page 3 of 27 Case 7:20-cv-06930-NSR Document 13-6 Filed 09/02/20 Page 4 of 27 Case 7:20-cv-06930-NSR Document 13-6 Filed 09/02/20 Page 5 of 27 Case 7:20-cv-06930-NSR Document 13-6 Filed 09/02/20 Page 6 of 27 Case 7:20-cv-06930-NSR Document 13-6 Filed 09/02/20 Page 8 of 27 Case 7:20-cv-06930-NSR Document 13-6 Filed 09/02/20 Page 10 of 27 Case 7:20-cv-06930-NSR Document 13-6 Filed 09/02/20 Page 11 of 27 Case 7:20-cv-06930-NSR Document 13-6 Filed 09/02/20 Page 12 of 27 Case 7:20-cv-06930-NSR Document 13-6 Filed 09/02/20 Page 13 of 27 Case 7:20-cv-06930-NSR Document 13-6 Filed 09/02/20 Page 14 of 27 Case 7:20-cv-06930-NSR Document 13-6 Filed 09/02/20 Page 15 of 27 Case 7:20-cv-06930-NSR Document 13-6 Filed 09/02/20 Page 16 of 27 Case 7:20-cv-06930-NSR Document 13-6 Filed 09/02/20 Page 17 of 27 Case 7:20-cv-06930-NSR Document 13-6 Filed 09/02/20 Page 18 of 27 Case 7:20-cv-06930-NSR Document 13-6 Filed 09/02/20 Page 19 of 27 Case 7:20-cv-06930-NSR Document 13-6 Filed 09/02/20 Page 20 of 27 Case 7:20-cv-06930-NSR Document 13-6 Filed 09/02/20 Page 21 of 27 Case 7:20-cv-06930-NSR Document 13-6 Filed 09/02/20 Page 22 of 27 Case 7:20-cv-06930-NSR Document 13-6 Filed 09/02/20 Page 23 of 27 Case 7:20-cv-06930-NSR Document 13-6 Filed 09/02/20 Page 24 of 27 Case 7:20-cv-06930-NSR Document 13-6 Filed 09/02/20 Page 25 of 27 Case 7:20-cv-06930-NSR Document 13-6 Filed 09/02/20 Page 26 of 27 Case 7:20-cv-06930-NSR Document 13-6 Filed 09/02/20 Page 27 of 27 Case 7:20-cv-06930-NSR Document 13-7 Filed 09/02/20 Page 2 of 8 Case 7:20-cv-06930-NSR Document 13-7 Filed 09/02/20 Page 3 of 8 Case 7:20-cv-06930-NSR Document 13-7 Filed 09/02/20 Page 4 of 8 Case 7:20-cv-06930-NSR Document 13-7 Filed 09/02/20 Page 5 of 8 Case 7:20-cv-06930-NSR Document 13-7 Filed 09/02/20 Page 7 of 8 Case 7:20-cv-06930-NSR Document 13-7 Filed 09/02/20 Page 8 of 8 Case 7:20-cv-06930-NSR Document 13-9 Filed 09/02/20 Page 1 of 2 Case 7:20-cv-06930-NSR Document 13-9 Filed 09/02/20 Page 2 of 2 Case 7:20-cv-06930-NSR Document 13-10 Filed 09/02/20 Page 1 of 1 F9 9 GHGIGFHIFGII0 GFI GFHFGFIHGHIGFGFGHFGGFHIHFIHGIHFGHGHGH 0 8 8 ! 0 8 "#$ KLMNOPQRSTQVWXYZR[[[\]^_`a[ bPPWcQSPQMdecfcghijOPklmZTZSnZk 02 C123 E5 8264;:6J 01 65 29 o2: 19@305506D p10?04 26<q1 <062:4; <2493;651 o2: 29: :;60;2 1 29 5622 ??;6 26< 2 1 51; 66905 q1 4:03 : @;6;o040 : 5 51; 503; 2o p10?04 26<q1 4 1106D 9: ;D ? 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@?; 26< 51:9 A:0< B 45126 >;:604; 8;65;: 82:42: 5; C 6106D E # 0123456789 Case 7:20-cv-06930-NSR Document 13-11 Filed 09/02/20 Page 1 of 1 Case 7:20-cv-06930-NSR Document 13-12 Filed 09/02/20 Page 1 of 1 Case 7:20-cv-06930-NSR Document 13-13 Filed 09/02/20 Page 2 of 9 Case 7:20-cv-06930-NSR Document 13-13 Filed 09/02/20 Page 3 of 9 Case 7:20-cv-06930-NSR Document 13-13 Filed 09/02/20 Page 4 of 9 Case 7:20-cv-06930-NSR Document 13-13 Filed 09/02/20 Page 6 of 9 Case 7:20-cv-06930-NSR Document 13-13 Filed 09/02/20 Page 8 of 9 Case 7:20-cv-06930-NSR Document 13-13 Filed 09/02/20 Page 9 of 9 Case 7:20-cv-06930-NSR Document 18 Filed 09/10/20 Page 1 of 3 600 Third Avenue, 42nd Floor, New York, NY 10016 ‚ (212) 684-0199 Frank T. Spano 212.413.2848 212.202.7593 Fax fspano@polsinelli.com September 10, 2020 VIA ECF The Honorable Nelson S. Roman United States District Court Southern District of New York 300 Quarropas St. White Plains, NY 10601-4150 Re: Jackson National Life Insurance Co. v. Ellen A. Ifshin, et al. Case No.: 20 Civ. 06930-NSR Dear Judge Roman: I write on behalf of Plaintiff Jackson National Life Insurance Company (“Jackson National”). Jackson National commenced this interpleader action and filed a motion for interpleader deposit on August 27, 2020 (ECF Doc. Nos. 1-6). The action was assigned to Your Honor on August 28, 2020. Due to technical deficiencies in the filing, the motion for interpleader deposit was re-filed on September 2, 2020 (ECF Doc. Nos. 13-14). The interpleader Defendants, Ellen A. Ifshin (“Ifshin”) and Gregory T. Bond (“Bond”) have been served with the Complaint and motion for interpleader deposit (ECF Doc. Nos. 15-17). By way of background, on January 3, 1989, Jackson National issued a Flexible Premium Deferred Annuity Policy, bearing Policy Number 0004865310 (the “Annuity”) to Focus 2000 with Philip G. Bond, deceased being the annuitant (“Annuitant”). See Declaration of Theresa Thompson at ¶ 3 (ECF Doc. No. 13-2). On or around February 21, 2020, Jackson National was provided, among other things, a certificate of death of Annuitant, who died on July 1, 2016, as a resident of San Diego, California. See id. at ¶ 5. As of August 12, 2020, the value of the Annuity’s death benefit proceeds is $15,297.56 (the “Proceeds”). See id. at ¶ 6. The Annuity identifies the primary beneficiary as Ifshin, Annuitant’s ex-wife and the contingent beneficiary as Bond, Annuitant’s son. See id. at ¶ 7. On February 21, 2020, Bond provided to Jackson National an executed claim form, along with a Marital Settlement Agreement between Annuitant and Ifshin. See id. at ¶ 8. On March 14, 2020, Jackson National sent correspondence to Bond informing him that Ifshin was the designated polsinelli.com Atlanta Phoenix Boston Chicago Dallas St. Louis San Francisco Polsinelli PC, Polsinelli LLP in California 74718834.1 Denver Seattle Houston Kansas City Los Angeles Miami Silicon Valley Washington, D.C. Wilmington Nashville New York Case 7:20-cv-06930-NSR Document 18 Filed 09/10/20 Page 2 of 3 September 10, 2020 Page 2 beneficiary of the Annuity. See id. at ¶ 9. On May 4, 2020, Jackson National sent correspondence to Ifshin advising her that she was the named beneficiary under the Annuity and asking her to return an executed claim form if she intended to claim the proceeds of the Annuity by June 1, 2020. See id. at ¶ 10. On May 4, 2020, Jackson National notified Bond that Annuitant’s divorce from Ifshin did not automatically revoke her designation as the beneficiary of the Annuity and asked Bond to notify Jackson National if he disagreed. See id. at ¶ 11. On May 16, 2020, Jackson National received Ifshin’s Election Regarding Claim Proceeds in which she claimed she was the proper beneficiary of the Annuity and intended to file a claim for the Annuity’s death benefit proceeds. See id. at ¶ 12. On May 12, 2020, Bond sent a letter to Jackson National, stating that if Ifshin attempted to claim the Proceeds he would contest her claim. See id. at ¶ 13. On June 1, 2020, Jackson National received from Ifshin an Annuity Death Benefit Claim Form indicating that she elected to claim the Proceeds. See id. at ¶ 14. Jackson National is unable to determine the validity of the conflicting and competing claims to the Proceeds of the Annuity and fears that payment of the Proceeds to any one claimant will subject it to additional liability to the other claimants seeking payment of the Proceeds under the Annuity. Jackson National has no interest in the Proceeds except to the extent such payment discharges any and all obligations Jackson National may owe to any party arising out of the Annuitant’s death and the benefit payable as a consequence thereof under the Annuity. Accordingly, Jackson National filed this statutory interpleader action pursuant to 28 U.S.C. § 1335 as a disinterested stakeholder claiming no interest in the Proceeds of the Annuity. As set forth in Jackson National’s Memorandum of Law in Support of its Motion for Interpleader Deposit (ECF Doc. No. 13.1), in accordance with 28 U.S.C. § 1335 and Fed. R.Civ.P. 67(a), Jackson National requests an order from the Court allowing Jackson National to deposit the Proceeds into the Court’s Disputed Ownership Fund, discharging it from further liability with respect to the Proceeds and the Annuity and dismissing it from this action. In addition, Jackson National requests that pursuant to 28 U.S.C. § 2361 the Court enter an Order restraining and enjoining Defendants from instituting or prosecuting any action in any state or United States Court against Jackson National or its agents and representatives with respect to the Annuity or the Proceeds. Finally, Jackson National requests an order awarding Jackson National its attorneys’ fees and costs to be paid from the Proceeds. Jackson National is a disinterested party that was forced to bring the present suit after competing claims by the ex-wife and son of the Annuitant. 74718834.1 Case 7:20-cv-06930-NSR Document 18 Filed 09/10/20 Page 3 of 3 September 10, 2020 Page 3 In accordance with Your Honor’s rules, I request that the Court schedule a pre-motion conference, or, in the alternative, set a briefing schedule and hearing date for the motion. Respectfully Submitted, /s/ F r a n k T . Sp a n o Frank T. Spano FTS:nkw cc: Ellen A. Ifshin Gregory T. Bond 74718834.1 From: To: Cc: Subject: Date: Attachments: Frank Spano Roman NYSD Chambers Greg Bond URGENT Case 7:20-cv-06930-NSR Jackson National Life Insurance Company v. Ifshin Tuesday, November 10, 2020 8:09:05 AM image003.png CAUTION - EXTERNAL: Dear Judge Roman: Please pardon the intrusion. We represent Plaintiff Jackson National Life Insurance Company (“Jackson National”) in this interpleader action. On September 2, 2020, Jackson National filed a motion to (1) deposit the annuity policy death benefit proceeds at issue into the Court’s disputed ownership fund, (2) discharge Jackson National from any further obligations under the policy, and (3) receive an award for its reasonable attorney’s fees (ECF Doc. No. 13). On September 10, I wrote to your Honor to request a conference (ECF Doc. No 18). Since that time, Defendant Gregory Bond has consented to Jackson National’s motion, except for the request for attorney’s fees. Defendant Ellen Ifshin has not answered or appeared in the action. We are available at the Court’s convenience to discuss the pending motion or any further steps the Court deems appropriate to resolve the motion. I can be reached at the number indicated below Respectfully submitted, Frank Spano Shareholder fspano@polsinelli.com 212.413.2848 600 Third Avenue New York, NY 10016 Polsinelli PC, Polsinelli LLP in California polsinelli.com From: NYSD_ECF_Pool@nysd.uscourts.gov <NYSD_ECF_Pool@nysd.uscourts.gov> Sent: Thursday, September 10, 2020 10:58 AM To: CourtMail@nysd.uscourts.gov Subject: Activity in Case 7:20-cv-06930-NSR Jackson National Life Insurance Company v. Ifshin et al Motion for Conference EXTERN AL EM AI L n ysd_ e cf_ pool@n ysd.u scou r t s.gov This is an automatic e-mail message generated by the CM/ECF system. Please DO NOT RESPOND to this e-mail because the mail box is unattended. ***NOTE TO PUBLIC ACCESS USERS*** Judicial Conference of the United States policy permits attorneys of record and parties in a case (including pro se litigants) to receive one free electronic copy of all documents filed electronically, if receipt is required by law or directed by the filer. PACER access fees apply to all other users. To avoid later charges, download a copy of each document during this first viewing. However, if the referenced document is a transcript, the free copy and 30 page limit do not apply. U.S. District Court Southern District of New York Notice of Electronic Filing The following transaction was entered by Spano, Frank on 9/10/2020 at 10:57 AM EDT and filed on 9/10/2020 Case Name: Jackson National Life Insurance Company v. Ifshin et al Case Number: 7:20-cv-06930-NSR Filer: Jackson National Life Insurance Company Document Number: 18 Docket Text: FIRST LETTER MOTION for Conference addressed to Judge Nelson Stephen Roman from Frank T. Spano dated September 10, 2020. Document filed by Jackson National Life Insurance Company..(Spano, Frank) 7:20-cv-06930-NSR Notice has been electronically mailed to: Frank Thomas Spano fspano@polsinelli.com, nydocketing@polsinelli.com 7:20-cv-06930-NSR Notice has been delivered by other means to: The following document(s) are associated with this transaction: Document description:Main Document Original filename:n/a Electronic document Stamp: [STAMP dcecfStamp_ID=1008691343 [Date=9/10/2020] [FileNumber=245760000] [7594063a69161974aa5aada7803d9c9b495b7191daf604f186f600295b40e625b9 2834f14a5fb8ee554e27b314c7ca7a26642ab5ae2937dbbbf9eb30a470de16]] This electronic mail message contains CONFIDENTIAL information which is (a) ATTORNEY - CLIENT PRIVILEGED COMMUNICATION, WORK PRODUCT, PROPRIETARY IN NATURE, OR OTHERWISE PROTECTED BY LAW FROM DISCLOSURE, and (b) intended only for the use of the Addressee(s) named herein. If you are not an Addressee, or the person responsible for delivering this to an Addressee, you are hereby notified that reading, copying, or distributing this message is prohibited. If you have received this electronic mail message in error, please reply to the sender and take the steps necessary to delete the message completely from your computer system. CAUTION - EXTERNAL EMAIL: This email originated outside the Judiciary. Exercise caution when opening attachments or clicking on links.
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