UNITED STATES DISTRICT COURT
 

EASTERN DISTRICT OF MICHIGAN
 

SOUTHERN DIVISION
 

UNUM LIFE INSURANCE COMPANY 

OF AMERICA, 

Plaintiff,	 Case No. 2:09-cv-l0424 

v. HON. PATRICK 1. DUGGAN 

JANIS L. JAGIELKY, BRIAN D. ORR, Magistrate Judge: Donald A. Scheer 

and JESSICA ORR, 

Defendants. 

1. Michael Smith (P24530) 

D. Andrew Portinga (P55804) 

Miller Johnson 

Attorneys for Plaintiff 

250 Monroe, N.W., Suite 800 

P.O. Box 306 

Grand Rapids, MI 45901-0306 

(616) 831-1700 

smithjm@millerjohnson.com 

portingaa@millerjohnson.com 

Robert B. June (P51149) 

Law Offices of Robert B. June PC 

Attorneys for Janis L. Jagielky 

124 Pearl Street, Suite 201 

Ypsilanti, MI 48197 

(734) 481-1000 

bobjune@junelaw.com 

FINAL JUDGMENT 

WHEREAS, 

1.	 Plaintiff Unum Life Insurance Company of America ("Unum") filed a Complaint
 

for Interpleader of $34,000 against Defendants Janis L. Jagielky, Brian D. Orr,
 

and Jessica Orr regarding distribution of accidental death and dismemberment
 

insurance benefits payable under Policy No. GSR 19637 (the "AD&D Policy")
 

based upon the death of James K. Orr;
 

2.	 The AD&D Policy is a group policy issued to Allegis Group for the benefit of its
 

employees, including James K. Orr;
 

l·
 

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3.	 The AD&D Policy is governed as a welfare benefit plan by the Employee 

Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. §§ 1001 et seq; 

4.	 Unum is the claim fiduciary for the AD&D Policy under ERISA; 

5.	 Under the terms of the AD&D Policy and ERISA, Unum must pay the benefits of 

the AD&D Policy to the properly designated beneficiary, Kennedy v. DuPont 

Savings and Investment Plan, 129 S.Ct. 865 (2009); 

6.	 The beneficiary of the AD&D Policy properly designated by James K. Orr on 

forms submitted to Unum is Janis Jagielky; 

7.	 Although properly served with the Complaint for Interpleader, neither Brian D. 

Orr nor Jessica Orr have filed answers or otherwise pleaded in response to the 

Complaint for Interpleader; 

8.	 Jessica Orr has provided Unum with an executed Waiver of benefits under the 

AD&D Policy; 

9.	 It would be appropriate to enter a default judgment against Brian D. Orr and 

Jessica Orr extinguishing all claims of either Brian D. Orr or Jessica Orr to 

insurance benefits payable under the AD&D Policy; 

10. Defendant Janis Jagielky has filed a Counterclaim against Unum seeking payment 

of the AD&D Policy benefits in accordance with ERISA and the terms of the 

AD&D Policy; 

11. Defendant Janis Jagielky is entitled to the AD&D Policy benefits in accordance 

with ERISA and the terms of the AD&D Policy; 

12. Unum and Janis Jagielky, through counsel, consent to entry of this Judgment. 

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IT IS HEREBY ORDERED AND ADJUDGED THAT: 

1.	 Judgment is entered by default against Brian D. Orr and Jessica Orr, extinguishing 

all claims of either Brian D. Orr or Jessica Orr to insurance benefits payable under 

the AD&D Policy based upon the death ofJames K. Orr; 

2.	 Unum shall promptly distribute the $34,000 AD&D Policy benefits to Janis 

Jagielky in accordance with the terms of the AD&D Policy and ERISA; 

3.	 Upon distribution of the $34,000 AD&D Policy benefits to Janis Jagielky, Unum 

shall be fully and finally discharged from any and all liability for payment of any 

insurance benefits due under the AD&D Policy based on the death of James K. 

Orr; and 

4.	 All other claims pertaining to the AD&D Policy benefits that were brought or 

could have been brought in this action by any party, including the counterclaim 

filed by Janis Jagielky, are hereby dismissed with prejudice and without costs 

assessed against any party. 

Dated: Se pt. 10 , , 2009 By s/Patrick J.Duggan 

HON. PATRICK J. DUGGAN 

Plaintiff Unum and Defendant Janis Jagielky consent to entry of this Judgment: 

sID. Andrew Portinga s/Robert B. June 

D. Andrew Portinga Robert B. June 

Miller Johnson Law Offices of Robert June, P.C. 

Attorneys for Plaintiff Attorney for Defendant Janis L. Jagielky 

250 Monroe, N.W., Suite 800 124 Pearl Street, Suite 201 

P.O. Box 306 Ypsilanti, MI 48197-5374 

Grand Rapids, MI 45901-0306 Phone: (734) 481-1000 

Phone: (616) 831-1700 Primary E-Mail: bobjune@junelaw.com 

Primary E-Mail: portingaa@millerjohnson.com Attorney Bar Number: P51149 

Attorney Bar: P55804 

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