United States District Court, W.D. Louisiana, Alexandria Division
PEREZ-MONTES MAG. JUDGE.
DRELL UNITED STATES DISTRICT COURT.
the court are cross-motions for summary judgment filed by the
Plaintiff, DeAnn Collins-Durham ("Plaintiff or
"Collins-Durham") and Defendant, JP Morgan Chase
Bank, N.A. ("Defendant" or "Chase").
(Docs. 31, 35). For the reasons explained below, the court
finds that Defendant's motion should be granted and that
summary judgment should be entered in favor of Chase,
dismissing all claims by Plaintiff against it in this matter.
and her daughter, third party defendant Brooke V. Fontenot
("Fontenot"), opened a joint checking account at
Chase on or about June 2, 2011. Plaintiff and Fontenot testified
that the main purpose of the account was to afford Plaintiff
ease in transferring money to Fontenot in her times of
about September 28, 2016, Plaintiff received two (2)
cashier's checks drawn on Red River Bank and made payable
to "DeAnn Elise Collins-Durham." Check number
193430 was made in the amount of $150, 000 and check number
193562 was made in the amount of $249, 221.91. Plaintiff alleges
that she stored these checks in her safe deposit box at Red
River Bank, but that they were stolen from that location
sometime between September 28, 2016 and December 27, 2016,
the date on which she later discovered they had been
cashed. Plaintiff acknowledges that she and her
roommate at the time, Barbara Gage ("Gage"), both
had access to the safe deposit box and each had a set of
keys. Fontenot asserts that she received the
checks from Gage with the instructions that her mother wanted
her to have them. On December 27, 2019, Fontenot delivered
both checks to the Chase location at 3820 Jackson Street
Extension in Alexandria, Louisiana for deposit into the joint
checking account she shared with Plaintiff. An endorsement
reading, "for deposit only 960448728" was added to
the back of each check. Once the check funds were deposited,
Fontenot began requesting cashiers checks drawn upon these
funds in various amounts, payable to the following payees:
1. David Fontenot - $100, 000 on December 28, 2016
2. Brooke Fontenot - $50, 000 on December 28, 2016
3. Brooke Fontenot - $50, 000 on December 28, 2016
4. Zachary Fontenot - $40, 000 on December 28, 2016
5. Barbara Gage - $75, 000 on January 6, 2017
6. Brooke Fontenot - $50, 000 on January 6,
addition, Fontenot made a cash withdrawal on January 6, 2017
in the amount on $5, 000.As a result of these
withdrawals, most the funds deposited via the cashier's
checks were depleted from the joint checking account by
January 6, 2017.
filed the instant suit naming Chase as the sole defendant and
asserting a claim for conversion against Chase in the amount
of the two cashier's checks, plus legal interest and
costs, as well as other equitable relief as may be justified.
(Doc. 1-2 at ¶5). Chase answered the suit, denying
liability in this matter and naming Fontenot as a third-party
defendant, asserting a claim against ...