United States District Court, S.D. Georgia, Statesboro Division
SOUTHEASTERN CARPENTERS AND MILLWRIGHTS PENSION TRUST, Plaintiff,
GYPSY SALINSKI, et al., Defendants.
RANDAL HALL, CHIEF JUDGE UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
case involves a dispute over James Salinski's pension
benefits. His daughters and his ex-wife all claim entitlement
to the disputed funds, which Plaintiff held. Plaintiff, as
administrator of the pension benefits plan, therefore filed
this interpleader action seeking to deposit the disputed
funds -which at the time of the filing of this action
consisted of $111, 506.23 - into the Court's registry.
November 16, 2017, the Court entered an Order that, inter
alia, directed Plaintiff to tender payment in the amount
of $107, 052.90 to the Clerk of this Court. (Doc. 31, at 9.)
The Court subsequently received notice from Plaintiff that
the total disputed pension benefits funds have grown by
approximately $13, 738.56 and that Plaintiff desired to
deposit these additional funds into the Court's registry.
(Doc. 32.) On November 21, 2017, Plaintiff deposited $120,
791.46 with the Clerk. (Doc. 33.) That same day, the Court
amended its Order dated November 16, 2017 to reflect the
additional amount deposited by Plaintiff. (Doc. 34.) In that
same Order, the Court dismissed Plaintiff from this case.
November 29, 2017, the remaining parties, namely Gypsy
Salinski, Ashleigh Salinski, and Mary Alderman (collectively,
the "Remaining Parties") filed a Consent Motion to
Disburse Funds and Dismiss, attaching thereto a proposed
consent final judgment (the "Consent Final
Judgment") to be entered by this Court. (Docs. 35,
35-1.) The Consent Motion is signed by each and every one of
the Remaining Parties and states that the parties have
reached settlement on all matters pending in the present
action. (Doc. 35.) Similarly, the Consent Final Judgment is
signed by each and every one of the Remaining Parties. (Doc.
due consideration of the pleadings, filings, and other
matters properly before the Court, the Court finds that the
entry of judgment on the terms set forth in the Consent Final
Judgment is appropriate under relevant law. IT IS
THEREFORE ORDERED that the Remaining Parties'
Consent Motion to Disburse Funds and Dismiss (doc. 35) is
GRANTED and that the attached Consent Final
Judgment is ENTERED on the record of this
Clerk is DIRECTED to: (i) ENTER
JUDGMENT in favor of the Remaining Parties in
accordance with the terms of the Consent Final Judgment; (ii)
DISBURSE the funds held in the Court's
registry in connection with this action in accordance with
the terms of the Consent Final Judgment; and (iii)
TERMINATE all motions and deadlines and
CLOSE this case.
ORDER DIRECTING DISBURSEMENT FUNDS AND GRANTING DISMISSAL
interpleader action concerns a dispute over the $111, 506.23
in pension benefits of James Salinski ("the Pension
Benefits") through his pension with the Southeastern
Carpenters Pension Trust Plan ("the Plan"). (Doc.
1, par. 11). Mr. Salinski passed away on September 9, 2016,
and a dispute arose - among the Defendants - as to whether
the benefits should be distributed pursuant to a Designation
of Beneficiary Form that Mr. Salinski executed shortly before
his death or pursuant to the terms of the Plan as if no
Designation of Beneficiary Form had been executed. (Doc. l,
par. 11-14, 18-20).
moved to deposit the Pension Funds, less attorney's fees,
into the Registry of the Court, and be dismissed from this
action ("Plaintiffs Motion"). (Doc. 22). On
November 16, 2017, this Court entered an order on Plaintiffs
Motion ("Order"), directing Plaintiff to tender
payment in the amount of $107, 052.90 to the Clerk of Court
("the Interplead Funds") on or before November 22,
2017, and dismissing Plaintiff upon the deposit of said funds
in the Registry of the Court. (Doc. 31, p. 9-10).
November 21, 2017, Plaintiff deposited $120, 791.46
("the Interplead Funds") with the Clerk of Court,
which represents the initial amount that the Court ordered
Plaintiff to deposit, plus an additional $13, 738.56 in
interest that has accrued since this action was filed. (Doc.
32; and Doc 33). This Court subsequently amended its Order to
reflect the additional amount deposited. (Doc. 34). Pursuant
to the Court's Order, as amended, Plaintiff was dismissed
from this case November 21, 2017. (Doc. 31; and Doc. 34).
Defendants have reached an agreed resolution as to the
distribution of the Interplead Funds, as set forth below, and
seek an order from this Court approving the agreed
resolution, directing the Clerk of Court to disburse the
Interplead Funds as specified herein, and dismissing this
case (including all cross-claims and counterclaims and other
claims that have been or could have been asserted in
connection with the above-styled action) with prejudice.
appearing that the Defendants have jointly moved this Court
for an Order directing disbursement of the funds being held
in the Registry of the Court as specified below and
dismissing of all remaining claims, it appearing that the
Defendants have consented to this Order, and it appearing
that that good cause has been shown for such an order, IT IS
HEREBY ORDERED AND ADJUDGED that the above-styled action, and
all claims to the Pension Benefits, as well as all other
claims, cross-claims, and counterclaims asserted by any
party, are hereby DISMISSED WITH PREJUDICE.
further ORDERED that the cross-claims that Defendants
Ashleigh Salinski and Mary Alderman asserted against
Defendant Gypsy Salinski, and all other claims, cross-claims,
and counterclaims that any Defendant has or could ...