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
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