American United Life Insurance Company et al v. Mays et al
| American United Life Insurance Company and The State Life Insurance Company |
| Sahde Z. Mays, Timothy E. Whitney, Jr., Lloyd T. Veale, Stephen Lentz and John Doe |
| 2:2017cv00099 |
| February 15, 2017 |
| US District Court for the Eastern District of Virginia |
| Norfolk Office |
| Out of State |
| Douglas E. Miller |
| Henry C. Morgan |
| Insurance |
| 28 U.S.C. ยง 1335 |
| None |
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| Document Text |
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Filing
52
MEMORANDUM OPINION AND ORDER: The Court GRANTS the Plaintiffs' Motion to Deposit, provided that the Benefits are deposited with the court's registry within fourteen (14) days of the date of entry of this Memorandum Opini on and Order, after which deposit the Plaintiffs are DISMISSED from this action. The court GRANTS IN PART AND DENIES IN PART Defendant Mays's Motion to Strike. Specifically, the court FINDS that Defendant Whitney has insufficiently pled duress and undue influence and STRIKES those defenses, but GRANTS leave to amend thereto. Any amended pleading shall be filed with the court within twenty-one days of the date of entry of this Memorandum Opinion and Order. The co urt FINDS Defendant L. Veale has insufficiently pled duress and undue influence under a confidential relationship theory and STRIKES those defenses, but GRANTS leave to amend thereto. Any amended pleading shall be filed with the court within twenty-one days of the date of entry of this Memorandum Opinion and Order. The court DENIES Defendant Mays's request for a determination that interpleader is not appropriate. Defendant Lentz is DISMISSED from this action. Signed by Chief District Judge Rebecca Beach Smith on 7/31/17. (Copies distributed as directed 7/31/17)(afar)
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