American National General Insurance Company v. Childers et al

Filing 45

ORDER re: 37 motion to amend order of District Judge adopting Report and Recommendation and 39 motion to disburse interpleaded proceeds. Plaintiff's 37 Motion to Amend is GRANTED to the extent that the plaintiff will be allowed to amend t he complaint to add all known lienholders as additional defendants in this case. The court will refrain from distributing any funds to any defendants until the lienholders have had a chance to answer the complaint and assert their claims, if any, to the interpled funds. Plaintiff is hereby ORDERED to file an amended complaint on or before January 8, 2010. Signed by Chief Judge Callie V. S. Granade on 12/23/2009. (mab)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION ) AMERICAN NATIONAL GENERAL INSURANCE COMPANY, Plaintiff, v. JONATHAN BRIAN CHILDERS, et al., Defendants. ) ) ) ) ) ) CIVIL ACTION NO. 09-0172-CG-C ) ) ) ) ORDER This matter is before the court on plaintiff's motion to amend order of District Judge adopting Report and Recommendation (Doc. 37), the motion of defendants, Shirley Moore, as Executrix of the Estate of Alan W. Moore; Roger Puterbaugh; Thomas W. Journell and James D. Bennet, Jr. to disburse interpleaded proceeds (Doc. 28), plaintiff's objection to the disbursement (Doc. 39), defendant's reply (Doc. 41), and plaintiff's reply (Doc. 42). After review of the above filings and ALA. CODE 35-11-3721, the court finds that complete and proper relief may not be possible in this action without the participation of the hospital lienholders. Therefore, plaintiff's motion to amend (Doc. 37) is GRANTED to the extent that the plaintiff will be allowed to amend the complaint to add all known lienholders as additional defendants in this case. The court will refrain from distributing any funds to any defendants until the lienholders have had a chance to answer the complaint and assert their 35-11-372 provides that "no release or satisfaction of any action, claim, counterclaim, demand, judgment, settlement or settlement agreement, or any of them, shall be valid or effectual as against such lien unless such lienholder shall join therein or execute a release of such lien." 1 1 claims, if any, to the interpled funds. Plaintiff is hereby ORDERED to file an amended complaint on or before January 8, 2010. DONE and ORDERED this 23rd day of December, 2009. /s/ Callie V. S. Granade CHIEF UNITED STATES DISTRICT JUDGE 2

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