ReliaStar Life Insurance Company v. Altberg et al

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Nina Y. Wang
Civil Action No. 24-cv-00076-NYW-MDB
RELIASTAR LIFE INSURANCE CO.,
Plaintiff,
v.
MARLENE ALTBERG,
PATRICIA TARSI, and
DEBRA SORENSEN,
Defendants.
ORDER ADOPTING MAGISTRATE JUDGE’S RECOMMENDATION
This matter is before the Court on the Recommendation of United States
Magistrate Judge Maritza Dominguez Braswell issued on January 31, 2025. [Doc. 28].
Judge Dominguez Braswell recommends granting the Joint Motion for Default Judgment,
Interpleader Relief, and Disbursement of Funds from the Registry of the Court filed by
Plaintiff ReliaStar Life Insurance Co. and Defendant Marlene Altberg. [Doc. 22]. Judge
Dominguez Braswell recommends: (1) that default judgment be entered against
Defendants Patricia Tarsi and Debra Sorensen for their failure to respond to well-pleaded
allegations establishing Ms. Altberg’s entitlement to the insurance benefit at issue in this
case (“Death Benefit”), [Doc. 28 at 6–7]; (2) that Plaintiff—which is now a disinterested
party—be dismissed from this action, discharged from liability, and granted a permanent
injunction under 28 U.S.C. § 2361 against future proceedings by Defendants related to
the Death Benefit, [Doc. 28 at 7–8]; and (3) that the Court disburse the funds in its Registry
to Ms. Altberg in the amount of $9,109.22, plus interest accrued, and to Plaintiff in the
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amount of $1,000 for attorney’s fees and costs, [id. at 8–9].
The Recommendation states that objections to the Recommendation must be filed
within 14 days after its service on the Parties. [Id. at 10]; see also 28 U.S.C.
§ 636(b)(1)(C); Fed. R. Civ. P. 72(b)(2). No Party has objected to the Recommendation
and the time to do so has elapsed.
In the absence of an objection, the district court may review a magistrate judge’s
recommendation under any standard it deems appropriate. See Summers v. Utah, 927
F.2d 1165, 1167 (10th Cir. 1991); see also Thomas v. Arn, 474 U.S. 140, 150 (1985) (“It
does not appear that Congress intended to require district court review of a [magistrate
judge’s] factual or legal conclusions, under a de novo or any other standard, when neither
party objects to those findings.”). In this matter, the Court has reviewed the
Recommendation to satisfy itself that there is “no clear error on the face of the record.”1
Fed. R. Civ. P. 72(b), advisory committee’s note to 1983 amendment. Based on this
review, the Court has concluded that the Recommendation is thorough, well-reasoned,
and a correct application of the facts and the law.
Accordingly, it is ORDERED that:
(1) The Recommendation of United States Magistrate Judge Maritza Dominguez
Braswell [Doc. 28] is ADOPTED;
(2) The Joint Motion for Default Judgment, Interpleader Relief, and
Disbursement of Funds from the Registry of the Court filed by Plaintiff
ReliaStar Life Insurance Co. and Defendant Marlene Altberg [Doc. 22] is
1 This standard of review is something less than a “clearly erroneous or contrary to law”
standard of review, Fed. R. Civ. P. 72(a), which in turn is less than a de novo review, Fed.
R. Civ. P. 72(b).
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GRANTED;
(3) Default Judgment SHALL ENTER against Defendants Patricia Tarsi and
Debra Sorensen;
(4) Plaintiff ReliaStar Life Insurance Co. is DISMISSED from this action and fully
and finally DISCHARGED from any further liability arising out of or relating to
the Death Benefit;
(5) Defendants are ENJOINED and RESTRAINED from instituting or
prosecuting further any proceeding in any state or United States court against
Plaintiff arising out of or relating to the Death Benefit;
(6) The Clerk of Court shall disburse all funds currently held in the Court’s
Registry, including all interest accrued and less the registry fee assessment,
as follows: $9,109.22, plus all interest accrued, to Marlene Altberg, P.O. Box
536, Florence, CO 81226; and $1,000 to ReliaStar Life Insurance Company
c/o McDowell Hetherington LLP, 1000 Ballpark Way, Suite 209, Arlington, TX
76011; and
(7) The Clerk of Court shall mail a copy of this Order to:
Marlene Altberg
PO Box 536
Florence, CO 81226
DATED: February 18, 2025 BY THE COURT:
_________________________
Nina Y. Wang
United States District Judge
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