State Farm Fire and Casualty Company v. Taylor et al (MAG+)

Filing 68

OPINION. Signed by Honorable Judge Myron H. Thompson on 2/25/2014. (wcl, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, SOUTHERN DIVISION

STATE FARM FIRE AND
CASUALTY COMPANY,

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Plaintiff,
v.
CONSTANCE TAYLOR and
JASON WAGNER,
Defendants.

CIVIL ACTION NO.
1:12cv1117-MHT
(WO)

OPINION
Invoking

this

court’s

diversity-of-citizenship

jurisdiction 28 U.S.C § 1332, plaintiff State Farm Fire
and

Casualty

Company

filed

this

interpleader

lawsuit

against defendants Constance Taylor and Jason Wagner.
State Farm was released and discharged from any and all
liability to Taylor and Wagner arising out of a fire loss
and an insurance policy covering that loss.

This lawsuit

is now before the court on the recommendation of the
United

States

Magistrate

Judge

that,

based

on

the

undisputed facts, Wagner’s motion for disbursement of the

interplead funds should be granted.

Also before the court

are Taylor’s objections to the recommendation and her own
motion for disbursement of funds.

Although given many

opportunities, Taylor has failed to show that there are
any disputed facts or that the undisputed facts warrant
disbursement of the funds to her.

After an independent

and de novo review of the record, therefore, the court
concludes

that

the

magistrate

judge’s

recommendation

should be adopted.
An appropriate judgment will be entered.
DONE, this the 25th day of February, 2014.

/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE