United States District Court, S.D. Ohio, Western Division
AND ENTRY SUSTAINING DEFENDANT ANGEL HUNTER'S MOTION FOR
SUMMARY JUDGMENT (DOC. #36); AWARDING DARRELL STEWART'S
LIFE INSURANCE PROCEEDS IN EQUAL PARTS TO DEFENDANTS GARRETT
STEWART, TAYLOR STEWART, SUMMER REIDENBACH AND ANGEL HUNTER;
TERMINATION ENTRY; CLERK OF COURTS DIRECTED TO RETAIN LIFE
INSURANCE PROCEEDS FOR THIRTY DAYS OR UNTIL ANTICIPATED
APPEAL IS FULLY RESOLVED
H. RICE UNITED STATES DISTRICT JUDGE.
interpleader action concerning Darrell Stewart's life
insurance proceeds, Plaintiff Colonial Life and Accident
Insurance Company has deposited $100, 000, plus accrued
interest, with the Clerk of Court. Doc. #35. The Court has
previously held that, because Darrell Stewart divorced Sheila
Stewart, her status as primary beneficiary on the life
insurance policy is revoked by operation of Ohio Revised Code
§ 5815.33(B)(1). Accordingly, the life insurance
proceeds pass to the contingent beneficiaries, identified in
the policy as "All Children." Docs. ##29, 33.
undisputed that Defendants Garrett Stewart, Taylor Stewart
and Summer Reidenbach are Darrell Stewart's children. The
only question is whether Angel Hunter is also. This matter is
currently before the Court on Hunter's Motion for Summary
Judgment on that issue. Doc. #36.
Summary Judgment Standard
judgment must be entered "against a party who fails to
make a showing sufficient to establish the existence of an
element essential to that party's case, and on which that
party will bear the burden of proof at trial."
Ceiotex Corp. v. Catrett, 477 U.S. 317, 322 (1986).
The moving party always bears the initial responsibility of
informing the court of the basis for its motion, and
identifying those portions of the record which it believes
demonstrate the absence of a genuine issue of material fact.
Id. at 323; see also Boretti v. Wiscomb,
930 F.2d 1150, 1156 (6th Cir. 1991).
the moving party has met its initial burden, the nonmoving
party must present evidence that creates a genuine issue of
material fact making it necessary to resolve the difference
at trial." Talley v. Bravo Pit/no Rest, Ltd.,
61 F.3d 1 241, 1245 (6th Cir. 1995); see also Anderson v.
Liberty Lobby, Inc., 477 U.S. 242, 250 (1 986). Once the
burden of production has so shifted, the party opposing
summary judgment cannot rest on its pleadings or merely
reassert its previous allegations. It is not sufficient to
"simply show that there is some metaphysical doubt as to
the material facts." Matsushita Elec. Indus. Co. v.
Zenith Radio Corp., 475 U.S. 574, 586 (1 986). Rule 56
"requires the nonmoving party to go beyond the
[unverified] pleadings" and present some type of
evidentiary material in support of its position.
Celotex, 477 U.S. at 324. "The plaintiff must
present more than a scintilla of evidence in support of his
position; the evidence must be such that a jury could
reasonably find for the plaintiff." Michigan Prot.
& Advocacy Serv., Inc. v. Babin, 18 F.3d 337, 341
(6th Cir. 1994).
judgment shall be granted "if the movant shows that
there is no genuine dispute as to any material fact and the
movant is entitled to judgment as a matter of law."
Fed.R.Civ.P. 56(a). "Summary judgment will not lie if
the dispute about a material fact is 'genuine,' that
is, if the evidence is such that a reasonable jury could
return a verdict for the nonmoving party."
Anderson, 477 U.S. at 248. In determining whether a
genuine dispute of material fact exists, a court must assume
as true the evidence of the nonmoving party and draw all
reasonable inferences in favor of that party. Id. at
255. If the parties present conflicting evidence, a court may
not decide which evidence to believe. Credibility
determinations must be left to the fact-finder. 10A Wright,
Miller & Kane, Federal Practice and Procedure
Civil 3d § 2726 (1998).
Court noted in its June 10, 2019, Decision and Entry, Angel
Hunter has presented significant evidence showing that
Darrell Stewart is her biological father.
In support of her claim, Angel submitted an affidavit from
her biological mother, Tamre Hunter Ross, who states that
there is no doubt that Darrell is Angel's biological
father. He was actively involved in Angel's life until he
moved to Florida the year after she was born. Darrell's
mother was actively involved in Angel's life for many
years until she passed away in 2014. Doc. #13-11,
According to Angel, although Darrell is not listed as her
father on the birth certificate, he held her out to his
family and to the community as his daughter, and told her
that he was her biological father. She reconnected with him
when she was about sixteen years old. Angel notes that, in
2000 and again in 2014, she was listed as a surviving
grandchild in the obituaries of Darrell's parents.
Darrell was present at her high school graduation and she
attended Summer's wedding with him. Perhaps more
importantly, Angel is listed as a surviving child in
Darrell's obituary. As one of his children, she was asked
by the funeral home for permission to cremate him. Doc. #13-3
through 13-10, PagelD##85-101.
Doc. #33, pp. 4-5.
their Memorandum in Opposition to Hunter's Motion for
Summary Judgment, the other Defendants admit that they have
"no further evidence regarding paternity." Doc.
#37. They argue only that Darrell Stewart ...