Argonaut Great Central Insurance Company v. Casey et al

Filing 146

ORDER Directing Payment Into Registry of Court re 140 MOTION to Deposit Funds Into Registry of Court filed by Wendy Reyna. The Clerk of the Court is directed to accept from Argonaut Great Central Insurance Company the sum of $2,000,000 and deposit that sum in an interest-bearing account at a federally-insured banking institution for ultimate disposition by further Order of this Court. Argonaut Great Central Insurance Company is hereby discharged from any further liability to the extent of the $2,000,000 paid into the registry of this Court, but it is not discharged as to the additional $1,000,000 that remains in dispute. Signed by Judge Brian S. Miller on 7/5/11. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
ARGONAUT GREAT CENTRAL INSURANCE
COMPANY
VS.

PLAINTIFF

CASE NO. 4-11-CV-00206BSM

JERRY CASEY, et al.

DEFENDANTS

WENDY REYNA, as personal representative for the
ESTATE OF MARIA TERESA ORTEZ

COUNTERCLAIMANT

VS.
ARGONAUT GREAT CENTRAL INSURANCE
COMPANY

COUNTERDEFENDANT

ORDER DIRECTING PAYMENT INTO REGISTRY OF COURT
Pursuant to its Complaint in Interpleader, Fed. R. Civ. P. 22, 67, 28 U.S.C. §§
1335, 2361, and upon motion of the Counterclaimant [Doc. No. 140] and other applicable
rules and statutes, Argonaut Great Central Insurance Company is prepared to pay the
sum of two million dollars ($2,000,000) into the registry of the United States District
Court for the Eastern District of Arkansas, Western Division pending further Order of
this Court as to its proper distribution. Said funds should be deposited into an interestbearing account or investment with no minimum term or length of investment, and in a
financial institution insured by the FDIC to be divided by the injured passengers upon the
ultimate disposition in the above-referenced case. The Clerk may deduct 10% of the
income earned on the investment as a fee pursuant to local rules.
Argonaut Great Central Insurance Company shall be discharged from any further
liability to the extent of the $2,000,000 paid into the registry of the Court, but this order
is not intended to be and is not a waiver or forfeiture of the additional one million dollars

($1,000,000) that is at stake and pending upon the judgment of the Court and the final
dissolution of this case.
IT IS THEREFORE ORDERED that the Clerk of the United States District Court
for the Eastern District of Arkansas, Western Division shall accept the $2,000,000
payment by Argonaut Great Central Insurance Company and deposit that sum in an
interest-bearing account at a federally-insured banking institution for ultimate disposition
by further Order of this Court.
IT IS FURTHER ORDERED that Argonaut Great Central Insurance Company is
hereby discharged from any further liability to the extent of the $2,000,000 paid into the
registry of this Court, but it is not discharged as to the additional $1,000,000 that remains
in dispute.
IT IS SO ORDERED.

________________________________
Honorable Brian S. Miller

/s/ Sean T. Keith____________________
Attorney For Defendant/Counterclaimant
/s/ Douglas A. Black________________
Attorney For Plaintiff/Counter-defendant