Soto v. Greyhound Lines et al

Filing 171

ORDER signed by Judge Morrison C. England, Jr. on 9/11/09 ORDERING that dft Nguyen's 161 Motion to Dismiss is GRANTED in part and DENIED in part. Accordingly, Dft Nguyen's request to interplead funds is GRANTED, and Dft is hereby ordered to deposit with the Clerk the entirety of the above insurance policy funds, $50,000. Upon making such deposit, and upon renewing his instant Motion to Dismiss, Dft Nguyen will be dismissed with prejudice from this action. Accordingly, until that time, Dft's Motion to Dismiss itself is DENIED without prejudice. (Engbretson, K.)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Because oral argument will not be of material assistance, the Court ordered this matter submitted on the briefing. E.D. Cal. Local Rule 78-230(h). 1
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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

MARIA SOTO, et al., Plaintiffs, v. TU PHUOC NGUYEN, et al., Defendants.

No. 2:06-cv-01612-MCE-DAD Consolidated with: No. 2:07-cv-02077-MCE-DAD No. 2:07-cv-00398-MCE-DAD No. 2:07-cv-01229-MCE-DAD No. 2:07-cv-01231-MCE-DAD No. 2:07-cv-01255-MCE-DAD Related to: No. 2:07-cv-01630-MCE-DAD No. 2:07-cv-01934-MCE-DAD ----oo0oo----

Plaintiffs initiated these actions seeking relief for injuries allegedly suffered as a result of a 2005 bus accident. Presently before the Court is an unopposed Motion to Dismiss filed by Defendant Tu Phuoc Nguyen. Defendant's Motion is

granted in part and denied without prejudice in part.1

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Defendant, who was recently discharged in bankruptcy, is the named insured on a $50,000 Farmers Insurance Exchange automobile insurance policy, policy number 0165639192, which is his only known asset. There are multiple, conflicting demands being made

against that policy, and Defendant is unable to determine the validity of the respective claims. interest in the funds. Accordingly, Defendant Nguyen's request to interplead funds (Docket No. 161) is GRANTED, and Defendant is hereby ordered to deposit with the Clerk of the Court the entirety of the above insurance policy funds, $50,000. Upon making such deposit, and Defendant himself has no

upon renewing his instant Motion to Dismiss with the Court, Defendant Nguyen will be dismissed with prejudice from this action. Accordingly, until that time, Defendant's Motion to

Dismiss itself (also Docket No. 161) is DENIED without prejudice. IT IS SO ORDERED. Dated: September 11, 2009

_____________________________ MORRISON C. ENGLAND, JR. UNITED STATES DISTRICT JUDGE

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