Independent Order of Foresters v. Graskewicz et al

THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
THE INDEPENDENT ORDER OF
FORESTERS,
Plaintiff,
v.
RITA GRASKEWICZ and DONALD E.
GRASKEWICZ,
Defendants.
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Case No. 3:25-cv-01860-GCS
STIPULATED CONSENT ORDER AND JUDGMENT
THIS MATTER, having come before the Court pursuant to this Stipulated Consent Order
and Judgment, the Parties being in agreement as to the relief ordered below and the Court being
otherwise fully advised in the premises,
THE COURT FINDS AS FOLLOWS:
1. 	On October 3, 2025, The Independent Order of Foresters (“Foresters”) filed its
Complaint for Interpleader pursuant to Fed. R. Civ. P. 22 and 28 U.S.C. § 1332(a)(2), to resolve
the competing claims to the proceeds of a life insurance policy, designated Certificate No.
8721838, that insured the life of John R. Graskewicz (the “Certificate”). (Doc. No. 1).
2. 	On October 16, 2025, this Court granted Foresters’ Motion to Deposit its Admitted
Liability into the registry of the Court (Doc. No. 12), and on November 14, 2025, the Court entered
an Amended Order Granting Motion to Deposit Funds (Doc. No. 22).
3. 	On or about November 20, 2025, Foresters deposited its admitted liability under
the Certificate in the amount of $102,175.16, including contractual interest, into the Registry of
the Court, subject to ultimate disposition by this Court.
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4. 	Foresters has acted in good faith by interpleading its admitted liability under the
Certificate’s death benefit and depositing the same with the Clerk of the Court, and Foresters has
done all that is required by law to perfect its Interpleader action.
IT IS THEREFORE ORDERED AS FOLLOWS:
A. Defendants, Rita Graskewicz and Donald E. Graskewicz, their agents, assigns, attorneys,
heirs, and legatees, and each of them, are enjoined during the pendency of this case and
thereafter permanently and perpetually, from commencing or prosecuting any proceeding
or claim against The Independent Order of Foresters in any state or federal court or other
forum in connection with Certificate No. 8721838, whether on the account of the death of
John R. Graskewicz or otherwise, and said injunction issue without bond or surety;
B. Judgment will be entered for The Independent Order of Foresters on its Complaint for
Interpleader as it has no further liability to the defendants, Rita Graskewicz and Donald E.
Graskewicz, their agents, assigns, attorneys, heirs, and legatees, or to any of them, or to
any other person or entity claiming through them, in connection with Certificate No.
8721838, whether on the account of the death of John R. Graskewicz or otherwise;
C. The Independent Order of Foresters is excused from further attendance on this cause and
defendants, Rita Graskewicz and Donald E. Graskewicz, their agents, assigns, attorneys,
heirs, and legatees, and each of them, are ordered to litigate their claims and contentions to
any benefits under Certificate No. 8721838 without further involving The Independent
Order of Foresters, except in the limited capacity of a third-party respondent in discovery
as permitted under the Federal Rules of Civil Procedure if the need would arise; and
D. The Independent Order of Foresters is awarded the costs it incurred in connection with
prosecuting this Interpleader action, such costs to be deducted from the amount deposited
with the Court or its clerk in the amount of $406.50.
IT IS SO ORDERED.
DATED: December 17, 2025.
GILBERT C. SISON
United States Magistrate Judge
Digitally signed by
Judge Sison
Date: 2025.12.17
12:13:47 -06'00'
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SO STIPULATED BY THE PARTIES:
THE INDEPENDENT ORDER OF
FORESTERS
By: 	/s/ Joseph R. Jeffery
Joseph R. Jeffery (jjeffery@cmn-law.com)
Heidi A. Kutchek (hkutchek@cmn-law.com)
Chittenden, Murday & Novotny LLC
303 W. Madison Street, Suite 2400
Chicago, IL 60606
(312) 281-3600
(312) 281-3678 (fax)
RITA GRASKEWICZ
By: /s/ Timothy Keller (with consent)
Timothy Keller
Illinois Bar No. 6225309
Roderick Throgmorton
ASCHEMANN KELLER, LLC
300 North Monroe Street
Marion, Illinois 62959-2326
Telephone: (618) 998-9988
Facsimile: (618) 993-2565
tkeller@quitamlaw.org
rthrogmorton@quitamlaw.org
DONALD E. GRASKEWICZ
By: /s/ A. Courtney Cox (with consent)
A. Courtney Cox, #6182590
101 West Vandalia St., Ste. 300
Edwardsville, IL 62025
618-659-9861
618-659-9862 (Fax)
ccox@sandbergphoenix.com
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