UNITED STATES DISTRICT COURT

EASTERN DISTICT OF MICHIGAN

SOUTHERN DIVISION

METROPOLITAN LIFE

INSURANCE COMPANY,

Plaintiff, Civil Action No. 15-11269

 Honorable Mark A. Goldsmith

v. Magistrate Judge Elizabeth A. Stafford

 

AUDREY BREWER, ALICIA

WILSON, DEMAREE HEEREN,

 

Defendants. 

___________________________/

REPORT AND RECOMMENDATION TO 

RELEASE INTERPLEADER FUNDS PURSUANT TO THE 

SETTLEMENT AGREEMENT AND TO TERMINATE THIS ACTION

The above-captioned life insurance interpleader action was referred 

to this Court to resolve all pretrial matters pursuant to 28 U.S.C. § 

636(b)(1)(A) and (B). [R. 11]. On June 18, 2015, the Court held a 

telephonic status conference, during which the parties agreed to the 

following resolution:

The Plan Benefits1

, plus any applicable interest, will be split

equally between Defendants Alicia Wilson and Demaree 

Heeren, and Defendant Audrey Brewer relinquishes any right, 

interest, or claim she had, has, or may obtain to the Plan 

Benefits.

1 “Plan Benefits” is a defined term that refers to Claude Brewer’s life 

insurance proceeds from the General Motors Plan. [See R. 1, PgID 1, 4]. 

 

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To finalize the agreed on resolution, the Court had each 

defendant sign and return a Settlement Statement. [R. 13]. Wilson 

and Heeren each returned their signed Settlement Statement on June 

26, 2015. Craig A. Merritt holds durable power of attorney for 

Brewer; he signed and returned the Settlement Statement for Brewer 

on June 30, 2015. The three signed Settlement Statements – along 

with correspondence from Merritt and a copy of the executed and 

notarized Durable Power of Attorney he holds for Brewer – are 

attached to this Report and Recommendation.

Therefore, this Court recommends that the Plan Benefits, plus 

any applicable interest, be disbursed equally between Wilson and 

Heeren, and that this action be terminated.

s/Elizabeth A. Stafford

ELIZABETH A. STAFFORD

United States Magistrate Judge

Dated: June 30, 2015

NOTICE TO THE PARTIES REGARDING OBJECTIONS

Either party to this action may object to and seek review of this 

Report and Recommendation, but must act within fourteen days of service 

of a copy hereof as provided for in 28 U.S.C. § 636(b)(1) and Fed. R. Civ. 

P. 72(b)(2). Failure to file specific objections constitutes a waiver of any 

further right of appeal. Thomas v. Arn, 474 U.S. 140 (1985); Howard v. 

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Secretary of HHS, 932 F.2d 505 (6th Cir. 1991); United States v. Walters, 

638 F.2d 947 (6th Cir. 1981). Filing objections which raise some issues but 

fail to raise others with specificity will not preserve all objections that party 

might have to this Report and Recommendation. Willis v. Secretary of 

HHS, 931 F.2d 390, 401 (6th Cir. 1991); Smith v. Detroit Fed'n of Teachers 

Local 231, 829 F.2d 1370, 1373 (6th Cir. 1987). A copy of any objection 

must be served upon this Magistrate Judge. E.D. Mich. LR 72.1(d)(2).

Each objection must be labeled as “Objection #1,” “Objection #2,” 

etc., and must specify precisely the provision of this Report and 

Recommendation to which it pertains. Not later than fourteen days after 

service of objections, the non-objecting party must file a response to 

the objections, specifically addressing each issue raised in the objections in 

the same order and labeled as “Response to Objection #1,” “Response to 

Objection #2,” etc. The response must be concise and proportionate in 

length and complexity to the objections, but there is otherwise no page 

limitation. If the Court determines that any objections are without merit, it 

may rule without awaiting the response.

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CERTIFICATE OF SERVICE

The undersigned certifies that the foregoing document was served 

upon counsel of record and any unrepresented parties via the Court’s ECF 

System to their respective email or First Class U.S. mail addresses 

disclosed on the Notice of Electronic Filing on June 30, 2015.

s/Marlena Williams

MARLENA WILLIAMS

Case Manager

 

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