United States District Court, D. South Carolina, Florence Division
REPORT AND RECOMMENDATION
E. Rogers, III United States Magistrate Judge.
an interpleader action. Because Defendants Yvonne Green,
Shirley Paramore, and Angelyne Green-Davis have appeared pro
se in this action, all pretrial proceedings in this case were
referred to the undersigned pursuant to the provisions of 28
U.S.C. § 636(b)(1)(A) and (B) and Local Rule
73.02(B)(2)(e), DSC. This Report and Recommendation is
entered for review by the District Judge.
October 2, 2007, Alvin Brown, the decedent, purchased from
Plaintiff Baltimore Life a life insurance policy, no.
A1054280. See Policy (attached as Ex. 1 to Compl.). The
policy has a face value of approximately $10, 000. The policy
named Alvin Kenneth Brown (son) as the primary beneficiary
and Alma A. Brown (wife) as the contingent beneficiary.
24, 2010, the decedent executed a Durable General Power of
Attorney appointing Defendants Catherine Brown and Yvonne
Green as his attorneys in fact. See 2010 Durable General
Power of Attorney (attached as Ex. 2 to Compl.).
January 18, 2011, Baltimore Life received a Beneficiary form
executed on January 12, 2011, by Catherine Brown as POA for
the decedent, which named Catherine Brown as the primary
beneficiary and Yvonne Green as the contingent beneficiary of
the policy. 2011 Beneficiary Form (Ex. 3 to Compl.).
February 6, 2013, the decedent executed a second Durable
General Power of Attorney appointing Yvonne Green as his sole
attorney in fact. 2013 Durable General Power of Attorney (Ex.
4 to Compl.).
2, 2013, Baltimore Life received a Beneficiary form dated
April 30, 2013, naming Yvonne Green and Shirley Paramore as
the primary beneficiaries of the policy. 2013 Beneficiary
Form (Ex. 5 to Compl.).
February 29, 2016, Baltimore Life received a Beneficiary form
dated February 22, 2016, naming Angelyne Green-Davis as the
contingent beneficiary of the policy. 2016 Beneficiary Form
(Ex. 6 to Compl.).
decedent passed away on December 14, 2017.
January 22, 2018, Baltimore Life received Claimant's
Statements executed by Yvonne Green on January 18, 2018, and
Shirley Paramore on January 18, 2016. Claimants Statements
(Exs. 7, 8 to Compl.). On February 26, 2018, Baltimore Life
issued letters to Green and Paramore noting the multiple
claims on the policy and that the policy would be
interpleaded as a result. Letters (Exs. 9, 10 to Compl.).
Life filed this action on April 23, 2018. On the same date,
Baltimore Life filed a Motion to Deposit Funds, for
Attorney's Fees, and for Order of Discharge and Dismissal
(ECF No. 5), seeking an order (I) granting leave to deposit
into the Registry of the Court the death benefit due under
the policy, (ii) discharging Baltimore Life from any and all
liability with respect to, affecting, or in any way arising
out of the policy, (iii) enjoining the defendants from
instituting or prosecuting any action in any federal, state,
or administrative forum against Baltimore Life relating ...