CMFG Life Insurance Company v. Harrison et al

Filing 11

ORDER granting 8 Motion to Deposit Funds; granting 8 Motion to Dismiss. CMFG is directed, within 14 days of the date of this order, to present a check payable to the Clerk of Court as a deposit into the registry of this Court. The Check is to inc lude, without any deduction for attorney's fees or costs, the value of contract number 40070904 and 480012941, plus any appropriate interest. The Clerk of Court is directed to accept and receive the above funds into the Court's registry for ultimate disposition only by order of this Court. CMFG is dismissed from this case without prejudice. Signed by Judge William T. Moore, Jr on 1/14/16. (wwp)

IN THE UNITED STATES DISTRICT COURT FOR
THE SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION

CMFG LIFE INSURANCE COMPANY,
f/k/a CUNA Mutual Insurance
Society,
Interpleader Plaintiff,
CASE NO. CV415-287

V.

MARCIA BASHLOR HARRISON,

0r

t. C,
'

Defendant and CrossClaimant,
BEVERLY BASHLOR TAYLOR,

> C) fl

Defendant and CrossDefendant.

-

<c

CA

ORDER

Before the Court is Interpleader Plaintiff

Life

Insurance Company's ('CMFG") Motion to Deposit Funds with Clerk
and to be Dismissed from this Action. (Doc. 8.) CMFG issued two
annuities to the deceased—Ralph Morris Bashlor, Sr.—and seeks
permission to deposit into the Court's registry the proceeds of
those annuities. (Id. 191 1-3.) In support of its request, CMFG
states that it is unable to determine the proper beneficiary of
the annuities. (Id. 91 2.)
After careful consideration, CMFG's motion is

GRANTED.

Accordingly, CMFG is DIRECTED, within ten days of the date of this
order, to present a check payable to the Clerk of Court as a
deposit into the registry of this Court. The check is to include,
without any deduction for attorney's fees or costs, the value of

contracts number 40070904 and 48012941, plus any appropriate
interest. Th e Clerk of Court is DIRECTED to accept and receive the
above funds into the Court's registry for ultimate disposition
only by order of this Court. Pursuant to Southern District of
Georgia Local Rule 67.3, the Clerk of Court is

DIRECTED to deduct

a fee from the deposited funds in the amount of 10% of the income
earned. This fee shall be collected at the time the Clerk of Court
makes any distribution of funds pursuant to a valid order of this
Court. Following the Clerk's acceptance of the funds, CMFG is
DISMISSED from this case WITHOUT PREJUDICE.
SO ORDERED this

/day of January 2016.

WILLIAM T. MOORE

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA

2