Pekin Insurance Company v. Correct Roofing & Construction Inc et al

Filing 73

ORDER granting 70 Motion for Disbursement. Accordingly, the clerk is directed to make payment of $1,700,000, plus any applicable interest of the account, to the "Bobby McDaniel Client Trust Account," to be divided equally between Rains and Turner. Additionally, Pekin's 64 Motion to Dismiss is denied without prejudice. Signed by Chief Judge Brian S. Miller on 9/11/2014. (jak)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
PEKIN INSURANCE COMPANY

v.

PLAINTIFF

CASE NO. 3:14CV00135 BSM

CORRECT ROOFING &
CONSTRUCTION INC., et al.

DEFENDANTS
ORDER

The joint motion for disbursement filed by defendants Michelle E. Rains and Rosia
Turner [Doc. No. 70] is granted.
On April 2, 2014, plaintiff Pekin Insurance Company deposited two million dollars
into the registry of the court pursuant to Rule 67. See Doc. No. 18. On July 16, 2014,
$100,000 was disbursed to separate defendant Nichole L. Johnson. See Doc. No. 59. Rains
and Turner now move for disbursement of $1,700,000, arguing that while defendants
Liberty Mutual Insurance Company and APAC, Inc. are not entitled to any liens, the
remaining $200,000 in the registry should satisfy any lien that is found to be valid. Rains
and Turner’s request is granted. Accordingly, the clerk is directed to make payment of
$1,700,000, plus any applicable interest of the account, to the “Bobby McDaniel Client Trust
Account,” to be divided equally between Rains and Turner.
Additionally, Pekin’s motion to dismiss the counter-claim and third-party complaint
of Liberty Mutual Insurance Company and APAC, Inc. [Doc. No. 64] is denied without
prejudice.

IT IS SO ORDERED this 11th day of September 2014.

________________________________
UNITED STATES DISTRICT JUDGE