The Guardian Life Insurance Company of America v. Waterhouse et al

Filing 10

ORDER RE: PLAINTIFF'S DEPOSIT OF INTERPLEADER FUNDS. Signed by Magistrate Judge Donna M. Ryu on 07/20/15. (dmrlc2, COURT STAFF) (Filed on 7/20/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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GUARDIAN LIFE INSURANCE
COMPANY OF AMERICA,
Plaintiff,

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United States District Court
Northern District of California

ORDER RE: PLAINTIFF’S DEPOSIT
INTERPLEADER FUNDS

v.
ANN ATCHISON WATERHOUSE, et al.,

Re: Dkt. Nos. 5, 9

Defendants.

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Case No. 15-cv-03271-DMR

On July 14, 2015, Plaintiff filed a complaint in interpleader. On the same day, Plaintiff

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deposited interpleader funds in the amount of $224,901.20 into the Court’s registry. See Docket

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Nos. 5, 9.

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Federal Rule of Civil Procedure 67(a) provides that “[i]f any part of the relief sought is a

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money judgment or the disposition of a sum of money or some other deliverable thing, a party—

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on notice to every other party and by leave of court—may deposit with the court all or part of the

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money or thing, whether or not that party claims any of it.” Furthermore, “[t]he depositing party

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must deliver to the clerk a copy of the order permitting deposit.” Fed. R. Civ. P. 67(a).

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Plaintiff did not leave of the court prior to depositing the funds, as required by Rule 67(a).

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Nonetheless, the Court finds that Plaintiff’s deposit of the funds into the Court’s registry is

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otherwise proper, and the Court therefore orders as follows:

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(1) Plaintiff is authorized to deposit the sum of $224,901.20 with the United States
District Court for the Northern District of California.
(2) The Clerk of the Court shall deposit the funds into “an interest-bearing account or

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invested in a court-approved, interest-bearing instrument,” see Fed. R. Civ. P. 67(b),

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//

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//

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unti such time as the Court makes its o
il
t
order directin disbursem and dist
ng
ment
tribution of

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thes funds.
se

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IT IS SO ORDER
S
RED.

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Da
ated: July 20, 2015
,
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__________
___________
__________
________
DO
ONNA M. R
RYU
UN
NITED STA
ATES MAGISTRATE JU
UDGE

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United States District Court
Northern District of California

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