COMBINED INSURANCE COMPANY OF AMERICA v. CHRISTIAN et al
| COMBINED INSURANCE COMPANY OF AMERICA |
| GREGORY LEE CHRISTIAN, DARRYL LEE CHRISTIAN, NANCY KENT BENNETT and THE ESTATE OF WILLIAM RIVERS |
| THE ESTATE OF WILLIAM RIVERS |
| NANCY KENT BENNETT, DARRYL LEE CHRISTIAN and GREGORY LEE CHRISTIAN |
| 1:2014cv00647 |
| August 1, 2014 |
| US District Court for the Middle District of North Carolina |
| NCMD Office |
| Lee |
| WILLIAM L. OSTEEN |
| JOI ELIZABETH PEAKE |
| Insurance |
| 28 U.S.C. ยง 1335 |
| None |
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Filing
32
MEMORANDUM OPINION AND ORDER signed by CHIEF JUDGE WILLIAM L. OSTEEN, JR on 08/24/2015, that this action is a proper action or proceeding for interpleader under 28 U.S.C. § 1335 and for determination of the respective rights, if any, o f Defendants under the Policy and to the Policy Proceeds, and this court has jurisdiction over the subject matter of this action and the parties thereto. The net benefit due and payable under the Policy is $55,583.18, and said total has been deposited into the registry of the court. FURTHER that Plaintiff's Motion for Discharge and Attorneys' Fees (Doc. 25 ) is GRANTED IN PART and DENIED IN PART. Plaintiff's request for attorneys' fees is DEN IED WITHOUT PREJUDICE, but all other requests for relief are GRANTED. Plaintiff shall be reimbursed for the $927.63 in costs that it requested from the proceeds deposited in this court's registry. FURTHER that Plaintif f is discharged from any and all liability to any and all Defendants and from any and all liability under the Policy. FURTHER that Plaintiff is dismissed from this action with prejudice. FURTHER that Defendants are permanently restra ined and enjoined from instituting or prosecuting any action or proceeding against Plaintiff arising out of, or related to, the Policy in any federal or state court. FURTHER that this court will retain jurisdiction of this action for the d etermination of such further matters as properly come before this court. FURTHER that Plaintiff shall have such other and further relief that is just and appropriate. Finding no just reason for delay, a Judgment consistent with this Memorandum Opinion and Order will be entered contemporaneously herewith pursuant to Fed. R. Civ. P. 54(d).(Taylor, Abby)
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