Nationwide Mutual Insurance Company v. Nall's Newton Tire

Filing 147

ORDER, Dft's 145 Motion for Order to Clerk's Office to Endorse Over Partial Payment of Judgment is DENIED as MOOT as set out. Dft's 144 Motion to Issue Second Check to Satisfy Judgment is deemed MOOT as set out. The Clerk is directed to disburse the $362,119.97 in funds to defense counsel as set out. Signed by Judge Callie V. S. Granade on 1/4/2016. (copy to finance) (tot)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
NORTHERN DIVISION
NATIONWIDE MUTUAL
INSURANCE COMPANY,
Plaintiff,
vs.
NALL’S NEWTON TIRE, a/k/a
NALL’S NEWTON TIRE SERVICE,
INC.,
Defendant.

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CIVIL ACTION NO. 14-0110-CG-M

ORDER
This cause is before the court on the Defendant’s Motion to Request
Nationwide Mutual Insurance Company to Issue Second Check to Satisfy Judgment
(Doc. 144), the Plaintiff’s response thereto (Doc. 146), and the Defendant’s Motion
for Order to Clerk’s Office to Endorse Over Partial Payment of Judgment (Doc. 145).
The Clerk of Court is not authorized to endorse over a check deposited into
the Court’s Registry; therefore, the motion for order (Doc. 145) is DENIED as
MOOT. The Court has ascertained that the additional $6,065.15 left out of the
amount deposited with the Court has been paid to defense counsel; therefore, the
motion to request issuance of a second check (Doc. 145) is deemed to be MOOT.
The Clerk has advised the Court that the check deposited with the Court is
clear for disbursement; therefore, the Clerk of Court is directed to disburse the
$362,119.97 in funds to defense counsel, K. Scott Stapp or L. Hunter Compton, Jr.
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with Manley, Traeger, Perry & Stapp, P.O. Box 590, Demopolis, Alabama 36732.
DONE and ORDERED this 4th day of January, 2016.
/s/ Callie V. S. Granade
UNITED STATES DISTRICT JUDGE

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