CMFG Life Insurance Company v. Harrison et al

Filing 34

ORDER dismissing without prejudice 16 Motion to Dismiss. Signed by Judge William T. Moore, Jr on 9/28/16. (jlm)

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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. CV415287 รง-) V. MARCIA BASHLOR HARRISON, (f Defendant, CrossClaimant, and CrossDefendant Cl) BEVERLY BASHLOR TAYLOR, Defendant, CrossClaimant, and CrossDefendant. ORDER Before the Court is Defendant Marcia Bashlor Harrison's Motion to Dismiss Crossclaim of Beverly Bashlor Taylor. (Doc. 16.) Subsequent to Defendant Harrison filing that motion, Defendants Harrison and Taylor filed a joint motion notifying the Court that they had resolved this case and requesting disbursement of the interpled funds. (Doc. 21.) Prior to the Court ruling on that motion, however, Hilda Hallows Bashlor filed an "Interpleader" (Doc. 23) and Motion to Intervene (Doc. 29), which is still pending before the Magistrate Judge. In the Motion to Intervene, Ms. Hilda Bashlor claims to be the proper beneficiary of the funds involved in this case. (Id. at 2.) Given Ms. Bashlor's recent attempt to intervene in this case, the Court thinks it unwise to dispose of Defendant Harrison's Motion to Dismiss Crossclaim at this time. Therefore, the motion (Doc. 16) is DISMISSED WITHOUT PREJUDICE. Defendant Harrison shall have the right to refile her motion should Ms. Bashlor be permitted to intervene and the parties become unable to resolve this case. SO ORDERED this day of September 2016. WILLIAM T. MOORE, A" UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA 2

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