IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF ILLINOIS 

EASTERN DIVISION 

TRANSAMERICA LIFE INSURANCE 

COMPANY, 

Plaintiff, 

v. 

STEPHEN TREMPER, SANDRA 

WOMACK, INDIVIDUALLY AND AS 

TRUSTEE OF THE KYLA L TREMPER 

TRUST DATED 02/26/18, 

Defendants. 

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Case No. 1:20-cv-03180 

Judge Sharon Johnson Coleman 

Magistrate Judge Jeffrey Cummings 

TRANSAMERICA LIFE INSURANCE COMPANY’S 

MOTION FOR FINAL JUDGMENT ORDER IN INTERPLEADER

Plaintiff Transamerica Life Insurance Company (“Transamerica”), by its attorneys, Julie 

F. Wall and Kaitlyn E. Luther of Chittenden, Murday & Novotny LLC, states as follows for its 

Motion for Final Judgment Order in Interpleader: 

1. On May 29, 2020, Transamerica filed its Complaint for Interpleader under Fed. R. 

Civ. P. 22 to resolve competing claims to the proceeds of the Transamerica life insurance policy, 

designated Policy No. 014642991 (the “Universal Life Policy”), issued by Transamerica, to Kyla 

Tremper, on the life of Kyla Tremper, in the amount of $350,000. (ECF Doc. No. 1). 

2. On May 29, 2020, the Court granted Transamerica’s motion to deposit its admitted 

liability under the Universal Life Policy with the Court. (ECF Doc. No. 8). 

3. On June 25, 2020, Transamerica deposited its admitted liability under the Universal 

Life Policy in the amount of $388,702.05, representing the death benefit under the Universal Life 

Policy plus accrued interest, into the Registry of this Court, subject to this Court’s further order as 

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to whom among the Defendants is entitled to receive those proceeds. See Notice of Electronic 

Filing attached hereto and incorporated herein as Exhibit 1. 

4. On June 21, 2020, counsel for Stephen Tremper filed the Waiver of the Service of 

Summons on Stephen Tremper’s behalf. (ECF Doc. No. 10). On August 7, 2020, counsel for 

Stephen Tremper filed an appearance on behalf of Stephen Tremper. (ECF Doc. No. 15). 

5. On July 21, 2020, Transamerica filed the Waivers of the Service of Summons for 

Sandra Womack, individually and as Trustee of the Kyla L Tremper Trust Dated 02/26/18. (ECF 

Doc. Nos. 13, 14). On September 17, 2020, counsel for Sandra Womack filed an appearance on 

behalf of Sandra Womack, individually and as Trustee of the Kyla L Tremper Trust Dated 

02/26/18. (ECF Doc. No. 17).

6. Defendants Stephen Tremper, Sandra Womack, individually, and Sandra Womack, 

as Trustee of the Kyla L Tremper Trust Dated 02/26/18, are adverse claimants to the proceeds of 

the Universal Life Policy. 

7. Transamerica and Defendants Stephen Tremper, Sandra Womack, individually, 

and Sandra Womack, as Trustee of the Kyla L Tremper Trust Dated 02/26/18 were involved in 

related litigation over two other policies issued to Kyla Tremper (the “Term Policies”). The 

payment of the proceeds of the Term Policies was the subject of Life Capital Group II, LLC v. 

Transamerica Life Insurance Company, et al., in the United States District Court for the Northern 

District of Illinois, designated Case No. 1:19-cv-05340 (the “Term Policies litigation”), and that 

matter has been resolved. (Doc. No. 1, Compl., ¶ 6). 

8. During the Term Policies litigation, Transamerica, Stephen Tremper, and Sandra 

Womack attempted to informally resolve the disposition of the Universal Life Policy. During this 

time, Stephen Tremper’s counsel and Sandra Womack’s counsel agreed Transamerica would 

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retain $4,000.00 in attorneys’ fees and costs from the Universal Life Policy’s proceeds. (Doc. No. 

1, Compl., ¶ 18). 

9. Despite Transamerica’s repeated attempts over multiple months to obtain the 

information it needed to resolve its role with respect to the Universal Life Policy’s proceeds, 

Stephen Tremper’s counsel and Sandra Womack’s counsel did not provide said information. 

Transamerica thus incurred additional attorneys’ fees and costs to bring the instant interpleader 

action. 

10. During this litigation, Stephen Tremper’s counsel agreed Transamerica would 

retain an additional $5,500.00 in attorneys’ fees and costs from the Universal Life Policy’s 

proceeds. 

11. Defendant Stephen Tremper has agreed that Transamerica should be awarded 

$9,500.00, representing a portion of its actual court costs and attorneys’ fees incurred in connection 

with prosecuting this Complaint for Interpleader, to be deducted from the amount deposited with 

the Court. 

12. Transamerica’s counsel has made repeated attempts to discuss the fee and cost issue 

with Sandra Womack’s counsel, and Sandra Womack’s counsel recently requested a fee 

itemization to support Transamerica’s request for an additional $5,500.00 in attorneys’ fees and 

costs. 

13. Thus, to date, Defendants Sandra Womack, individually, and Sandra Womack, as 

Trustee of the Kyla L Tremper Trust Dated 02/26/18, have agreed that Transamerica should be 

awarded $4,000.00, representing a portion of its actual court costs and attorneys’ fees incurred in 

connection with prosecuting this Complaint for Interpleader, to be deducted from the amount 

deposited with the Court. 

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14. Transamerica requests that it be awarded $4,000.00, as agreed upon by all 

Defendants, representing a portion of its actual court costs and attorneys’ fees incurred in 

connection with prosecuting this Complaint for Interpleader, to be deducted from the amount 

deposited with the Court. 

15. After entry of the order requested below, Transamerica intends to continue to 

negotiate with Sandra Womack, individually, and Sandra Womack, as Trustee of the Kyla L 

Tremper Trust Dated 02/26/18, pursuant to L.R. 54.3, regarding the additional $5,500.00 in 

attorneys’ fees and costs. 

16. The parties will follow the procedures outlined in L.R. 54.3 and will file any 

petitions, statements or motions that are required by the rule within the time limits provided by the 

rule. 

17. This Court has jurisdiction over the subject matter of this cause and over the parties. 

18. Transamerica has done all that is required by law to perfect its interpleader action. 

19. Transamerica has properly served a copy of this Motion for Final Judgment Order 

in Interpleader on all appearing Defendants. 

20. Transamerica submits its proposed Final Judgment Order in Interpleader to the 

Court pursuant to and in accordance with Judge Sharon Johnson Coleman’s case management 

procedures and any applicable local rules. 

WHEREFORE, Transamerica Life Insurance Company prays this Honorable Court enter 

an order or orders granting it the following relief: 

A. Enjoining Stephen Tremper, Sandra Womack, individually and as Trustee of the Kyla 

L Tremper Trust Dated 02/26/18, and the Kyla L Tremper Trust Dated 02/26/18, during 

the pendency of this case and thereafter permanently and perpetually, from 

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commencing or prosecuting any proceeding or claim against Transamerica Life 

Insurance Company in any state or federal court or other forum arising out of or related 

to Policy No. 014642991, and on account of the death of Kyla Tremper, the insured, 

and that said injunction issue without bond or surety; 

B. Granting judgment to Transamerica Life Insurance Company with the finding that it 

has no further liability to Stephen Tremper, Sandra Womack individually or as Trustee 

of the Kyla L Tremper Trust Dated 02/26/18, or the Kyla L Tremper Trust Dated 

02/26/18 or to any person or entity claiming through them, related to Policy No. 

014642991 or the death benefit under Policy No. 014642991, or on account of the death 

of Kyla Tremper; 

C. Finding that Transamerica Life Insurance Company has acted in good faith by 

interpleading the proceeds of Policy No. 014642991 and depositing its admitted 

liability with the Clerk of the Court; 

D. Entering judgment in favor of Transamerica Life Insurance Company, and against 

Stephen Tremper, Sandra Womack, individually and as Trustee of the Kyla L Tremper 

Trust Dated 02/26/18, and the Kyla L Tremper Trust Dated 02/26/18 on its Complaint 

for Interpleader with an express finding of finality pursuant to Fed. R. Civ. P. 54(b); 

E. Excusing and dismissing Transamerica Life Insurance Company from further 

attendance on this cause with prejudice and ordering the adverse and potentially 

adverse claimants Stephen Tremper, Sandra Womack, individually, and Sandra 

Womack, as Trustee of the Kyla L Tremper Trust Dated 02/26/18, to litigate their 

claims and contentions to the proceeds of Policy No. 014642991 without further 

involving Transamerica Life Insurance Company; 

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F. As agreed by all parties and as an initial fee distribution to Transamerica Life Insurance 

Company pending a further petition for fees as described above, ordering the Clerk to 

disburse $4,000.00 in a check made payable to Transamerica Life Insurance Company, 

which shall be mailed to Julie F. Wall, Chittenden, Murday, & Novotny LLC, 303 W. 

Madison, Suite 1400, Chicago, Illinois 60606; and 

G. Transamerica Life Insurance Company such further and other relief as this Court deems 

just and appropriate. 

Dated: September 28, 2020. Respectfully submitted, 

CHITTENDEN, MURDAY & NOVOTNY, LLC. 

By: /s/ Julie F. Wall 

One of the Attorneys for Plaintiff 

 Transamerica Life Insurance Company 

Julie F. Wall (jwall@cmn-law.com) 

Kaitlyn E. Luther (kluther@cmn-law.com) 

CHITTENDEN, MURDAY & NOVOTNY LLC 

303 W. Madison Street, Suite 1400 

Chicago, IL 60606 

(312) 281-3600 

(312) 281-3678 (fax) 

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CERTIFICATE OF SERVICE 

I hereby certify that on September 28, 2020, I electronically filed the foregoing 

Transamerica Life Insurance Company’s Motion for Final Judgment Order in Interpleader, 

and documents described therein, with the Clerk of the United States District Court, Northern 

District of Illinois, Eastern Division, using the CM/ECF system which sent notification of such 

filing to the following registered CM/ECF participants: 

Paul M. Bach 

Bach Law Offices, Inc. 

P.O. Box 1285 

Northbrook, IL 60065 

(847) 564-0808 

paul@bachoffices.com

Attorney for Defendant Stephen Tremper 

Matthew Stone 

The Law Offices of Schneider & Stone 

8424 Skokie Blvd., Suite 200 

Skokie, IL 60077 

(847) 933-0300 

mstone@windycitylawgroup.com

Attorneys for Defendant Sandra Womack, 

individually and as Trustee of the Kyla L 

Tremper Trust Dated 02/26/18 

/s/ Julie F. Wall 

Julie F. Wall 

CHITTENDEN, MURDAY & NOVOTNY LLC 

303 W. Madison Street, Suite 1400 

Chicago, IL 60606 

(312) 281-3600 

(312) 281-3678 (fax) 

jwall@cmn-law.com

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