KURT D. ENGELHARDT, District Judge.
Presently before the Court is "Kacie Breen's Motion for Summary Judgment" (Rec. Doc. 11). As stated herein,
On June 17, 2016, the Court ordered Defendant Alyce B. Landry, the courtappointed Independent Administratrix of the Succession of Wayne Edmund Breen, to supplement her prior submission on or before July 1, 2016. See Rec. Doc. 26. Following that order, supplemental memoranda were filed by Ms. Landry, Intervenor Defendants Patrick Vernon Breen, Ryan Michael Breen, Devin Thomas Breen, Sean Michael Breen, and Bridget Marie Breen, and Defendant Kacie Breen (the "adult Breen children"). See Rec. Docs. 28, 31, and 33. Having now carefully reviewed the parties' lengthy submissions, the record in this matter, and applicable law, particularly including Louisiana Revised Statute 22:901(D),
Although the St. Tammany Parish Grand Jury's April 7, 2016 refusal to indict Ms. Breen renders §901(D)(1)(a) inapplicable, the same seemingly is not true of §901(D)(1)(b). Rather, given the information presently before the Court, it appears that the ongoing wrongful death actions could nevertheless result in Ms. Breen's being "[j]udicially determined to have participated in the intentional, unjustified killing of the individual insured," i.e. her deceased husband, Wayne Breen, as a civil matter, thus precluding her from receiving the proceeds of his life insurance policy. See LSA-R.S. 22: 901 (D)(1)(b). Specifically, in the absence of evidence and legal authority sufficient to preclude a reasonable trier-of-fact from finding Ms. Breen's killing of Wayne Breen to have been, as a matter of law, intentional and unjustified, Plaintiff's present motion fails. To the extent that further discovery and/or rulings in the state court proceedings later render summary judgment herein practicable, however, the instant ruling is without prejudice to appropriate future motion practice.To facilitate the Court's determination of the most effective means of, and schedule for, final resolution of the instant proceeding, Ms. Breen, the adult Breen children, and Ms. Landry are, on or before Friday, July 22, 2016, to provide to the Court: (1) a short written report of the status of each of the related state court actions (including discovery); and (2) a statement as to whether the instant action should be stayed and administratively closed pending final judgment(s) being rendered in the related state court proceedings. On that date, counsel for Ms. Breen shall also provide a copy of an updated record/docket report for each of the related state court actions.
LSA-R.S. 22:901.