New York Life Insurance Company v. Terry et al
| New York Life Insurance Company |
| Jane-Ann Hunsaker Terry and Eva Carole Terry Wuest |
| 5:2015cv00353 |
| December 1, 2015 |
| US District Court for the Eastern District of Kentucky |
| Lexington Office |
| Fayette |
| Danny C. Reeves |
| Insurance |
| 28 U.S.C. ยง 1332 |
| None |
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| Document Text |
|---|
Filing
65
MEMORANDUM OPINION & ORDER: (1) 44 Motion for Interpleader and Dismissal is GRANTED IN PART. Dft Wuest and NY Life SHALL, w/in 14 days of the date of this Order, FILE a joint statement re the int rate set by NY Life if such a rate can be agreed up on btwn them. If not, Wuest and NY Life SHALL simultaneously file memo, w supporting evidence, concerning their position as to the applicable rate. The Court will then establish the amt to be deposited and finalize the dismissal of NY Life. Dfts Wues t and Terry are PERMANENTLY ENJOINED from bringing any action against NY Life related to Tim Terry's life insurance policy with NY Life, as of the date of this order. NY Life's motion for award of attorneys' fees and costs is DENIED. ( 2) Dft/Cross-Claimant Wuest's 47 Motion for Summary Judgment is GRANTED. (3) Dft/Cross-Claimant Terry's 58 Motion for Summary Judgment is DENIED. (4) Each party shall bear its own costs and fees. (5) All previously-established pending deadlines and hearings (including pretrial filing deadline, PTC, and jury trial) are VACATED. Signed by Magistrate Judge Hanly A. Ingram on 1/10/2017.(SCD)cc: COR,London Diary/JC
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