Estate of Lake v. Marten

MEMORANDUM OPINION AND ORDER

REINHARD, District Judge.

INTRODUCTION

Nathan Lake, a minor, was injured in a shooting accident on September 6,1993. Susan Lake, his guardian, filed suit on his behalf against the tortfeasor, which eventually led to a settlement of $150,000 payable to the minor’s estate. Pursuant to Illinois law, the personal injury settlement was conditioned on the approval of the probate court of Winnebago County, Illinois. While the estate was proceeding in state court, defendants, Newell Corporation Employee Benefit Plan (“Plan”) and Theresa Marten, the Plan’s administrator,…