THE LINCOLN NATIONAL LIFE INSURANCE COMPANY v. FRY, et al.

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
THE LINCOLN NATIONAL LIFE
INSURANCE COMPANY,
)
)
)
Plaintiff, )
)
v. ) No. 1:24-cv-01097-JRS-MJD
)
MARILOU FRY, )
SAMANTHA R. KUCHLER, )
)
Defendants. )
ORDER ADOPTING REPORT AND RECOMMENDATION
On December 29, 2025, the Magistrate Judge submitted his Report and
Recommendation, (ECF No. 43), regarding Samantha R. Kuchler's failure to comply
with an order to appear at an in-person hearing on November 20, 2025, (ECF No. 38),
as well as her failure to comply with the Court's Order to Show Cause, (ECF No. 40),
which ordered her to appear in person, on December 23, 2025, and show why she
should not be sanctioned for her failure to appear on November 20, 2025. The Order
to Show Cause advised Kuchler that if she again failed to appear, the Magistrate
Judge would recommend the dismissal of her case for her repeated failures to comply
with court orders.
Kuchler failed to appear at the December 23, 2025, hearing as ordered. (ECF
No. 42.) The Magistrate Judge submitted his Report and Recommendation, (ECF No.
43), recommending that Kuchler's Cross-Claim be dismissed and that judgment be
entered in favor of Marilou Fry.
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The Parties did not file objections within fourteen days after service of the
Report and Recommendation. Fed. R. Civ. P. 72(b). The Court, having considered
the Magistrate Judge’s Report and Recommendation, hereby adopts the Report and
Recommendation. Accordingly, Kuchler's Cross-Claim is dismissed with
prejudice.
The Clerk is directed to enter final judgment awarding Marilou Fry the
Interpleader Funds on Deposit plus interest and to close this case. The Clerk is
directed to issue payment in the amount of $79,206.36 plus any interest
accrued made payable to Marilou Fry. Said funds shall be sent to Ms. Fry care
of her attorneys:
Clark, Quinn, Moses, Scott & Grahn, LLP
320 N. Meridian St., Ste 1100
Indianapolis, IN 46204
Before funds can be disbursed, however, the Court must be provided with Fry's tax
identification information, which can be done by submitting an Internal Revenue
Service Form W-9 by email to: finance@insd.uscourts.gov.
SO ORDERED.
Date: 2/3/2026
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Distribution:
Financial Deputy Clerk
SAMANTHA R. KUCHLER
1050 North Sheffield Ave.
Indianapolis, IN 46222
sammykuchler@yahoo.com
All CM/ECF-registered counsel of record via email
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