Filed: Jul. 08, 2013
Latest Update: Jul. 08, 2013
Summary: MEMORANDUM RULING KAREN L. HAYES, Magistrate Judge. On May 22, 2013, Plaintiff-in-Interpleader, Transamerica Life Insurance Co., filed a Motion to Dismiss [doc. # 14]. Plaintiff asserts that, as a mere uninterested stakeholder in this interpleader action, it has properly deposited the death benefit at issue into the registry of this Court, and therefore, all claims against it should be dismissed, with prejudice. See id. at 1. On April 15, 2013, the briefing deadline lapsed, with no response
Summary: MEMORANDUM RULING KAREN L. HAYES, Magistrate Judge. On May 22, 2013, Plaintiff-in-Interpleader, Transamerica Life Insurance Co., filed a Motion to Dismiss [doc. # 14]. Plaintiff asserts that, as a mere uninterested stakeholder in this interpleader action, it has properly deposited the death benefit at issue into the registry of this Court, and therefore, all claims against it should be dismissed, with prejudice. See id. at 1. On April 15, 2013, the briefing deadline lapsed, with no response ..
More
MEMORANDUM RULING
KAREN L. HAYES, Magistrate Judge.
On May 22, 2013, Plaintiff-in-Interpleader, Transamerica Life Insurance Co., filed a Motion to Dismiss [doc. # 14]. Plaintiff asserts that, as a mere uninterested stakeholder in this interpleader action, it has properly deposited the death benefit at issue into the registry of this Court, and therefore, all claims against it should be dismissed, with prejudice. See id. at 1. On April 15, 2013, the briefing deadline lapsed, with no response from Defendants-in-Interpleader. Therefore, Plaintiff's motion is deemed unopposed. (Notice of Motion Setting [doc. # 15]). Given the lack of opposition and Transamerica's compliance with the requirements of 28 USC § 1335(a)(2) and Fed. R. Civ. P. 22, the Court finds that it is entitled to be discharged from liability, and is hereby dismissed from the above-captioned matter.
Accordingly,
IT IS ORDERED that Transamerica Life Insurance Co.'s Motion to Dismiss [doc. # 14] is GRANTED, and all claims be, and they are hereby DISMISSED, with prejudice, relieving Transamerica Life Insurance Co. of all liability herein.
