United States District Court, W.D. Washington, Tacoma
ORDER DENYING A.M.C.'S AND T.A.C.'S MOTION
FOR SUMMARY JUDGMENT AND DENYING G.E.C.'S MOTION FOR
BENJAMIN H. SETTLE UNITED STATES DISTRICT JUDGE.
matter comes before the Court on Defendant G.E.C.'s
motion for summary judgment (Dkt. 35) and A.M.C.'s and
T.A.C.'s cross-motion for summary judgment (Dkt. 49). The
Court has considered the pleadings filed in support of and in
opposition to the motions and the remainder of the file and
hereby denies the motions.
29, 2016, Plaintiff the Prudential Insurance Company of
America (“Prudential”) filed a complaint in
interpleader against G.E.C. and Defendants T.A.C. and A.M.C.
Dkt. 1. Prudential issued a life insurance policy to Charles
Cruz, and, upon Mr. Cruz's death, a dispute exists as to
the proper beneficiaries under the policy. Id.
January 3, 2017, the Court granted Prudential's motion to
deposit the remaining proceeds into the Court registry and be
dismissed from this matter. Dkt. 17.
December 13, 2017, G.E.C. filed a motion for summary
judgment. Dkt. 35. On March 26, 2018, T.A.C. and A.M.C.
responded and, in the same document, requested affirmative
relief in their favor. Dkt. 41. On March 30, 2018, G.E.C.
replied and agreed to T.A.C. and A.M.C.'s suggestion that
the remaining $200, 000 in proceeds would be distributable to
T.A.C. and A.M.C. if the $200, 000 that was released to Mr.
Cruz's mother, Pamela Cruz, was kept in constructive
trust for the benefit of G.E.C. and his stepsiblings. Dkt.
April 18, 2018, the Court entered an order noting that the
cross-motion of T.A.C. and A.M.C. was not noted in accordance
with the local rules. Dkt. 47. Accordingly, the Court
requested that the parties meet and confer to establish a
briefing schedule to afford G.E.C. adequate time to respond
to the cross-motion. Id. The Court also requested
that the parties confer over the apparent agreement in their
briefing regarding the funds that were distributed to Pamela
Cruz and how the disposition of those funds might resolve
this matter. Id.
April 26, 2018, T.A.C. and A.M.C. filed their renewed
cross-motion for summary judgment. Dkt. 49. On May 14, 2018,
G.E.C. responded. Dkt. 50. On May 18, 2018, A.M.C. and T.A.C.
replied. Dkt. 53.
1997, Mr. Cruz married Cassandra Cruz (now Cassandra Nagel).
The couple had two children, T.A.C and A.M.C. In 2008, the
couple legally separated and divorced. On December 18, 2008,
Mr. Cruz and Silke Greer married. The couple had one child,
G.E.C. Silke had two children from a previous marriage that
Mr. Cruz treated as his own.
Cruz was active duty military throughout his marriage to
Cassandra and remained active duty until his death. As an
active duty member of the armed services, Mr. Cruz was
entitled to a $400, 000 Servicemembers' Group Life
Insurance (“SGLI”) policy issued by Prudential.
Mr. Cruz and Cassandra's divorce decree included a
provision about life insurance that required Mr. Cruz to
maintain $200, 000 of his SGLI policy for the benefit of
T.A.C. and A.M.C.
30, 2008, Mr. Cruz completed an election of benefits under
the SGLI policy. Mr. Cruz elected to grant five percent of
the benefits to Cassandra, twenty-five percent to T.A.C.,
twenty-five percent to A.M.C., ten percent each to his mother
and father, and the remaining twenty-five percent to Silke.
September 14, 2015, Mr. Cruz completed another election of
benefits form. Mr. Cruz elected to grant fifty percent of the
benefits to his mother, Pamela Cruz, and fifty percent to
“My child (ren) Cassandra Cruz mother of my two
children as ...