Consumers Insurance USA, Inc v. Carlson et al

Filing 131

ORDER : GRANTING 126 MOTION to Deposit Funds and for Dismissal filed by State Farm Mutual Automobile Insurance Company ; and setting September 14, 2012, deadline for depositing insurance proceeds with the Court. Signed by Judge Michael J. Reagan on 9/6/2012. (mmr)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
CONSUMERS INSURANCE USA, INC.,

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Plaintiff,
Vs.
JEFFREY A. CARLSON, etc., et al
Defendants.
STATE FARM MUTUAL AUTOMOBILE
INSURANCE COMPANY,
Plaintiff,
Vs.
BETHANY JONES, et al
Defendants.

No. 11-CV-0691-MJR

ORDER
REAGAN, District Judge:

Before the Court is State Farm Mutual Automobile Insurance Company's
motion to deposit funds and to discharge it from further liability (Doc. 126). More
specifically, State Farm wants to deposit with the Court $100,000.00 in uninsured
motorist coverage for Bethany Jones (Policy 5558377-C20-13A). The uninsured
motorist provision is applicable to this action because Jones was injured by a vehicle
that was stolen and, therefore, uninsured. State Farm further requests to be dismissed
from this action, leaving the defendants to interplead and litigate their respective
rights and claims. No objections to the motion have been lodged.
The court, having reviewed the pleadings and being fully advised in the
premise, GRANTS State Farm Mutual Automobile Insurance Company's motion to
deposit funds and for dismissal (Doc. 126).
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IT IS HEREBY ORDERED that:
(a)

On or before September 14, 2012, State Farm Mutual

Automobile Insurance Company shall deposit with the Clerk of Court the $100,000.00
of uninsured motorist coverage available to Bethany Jones pursuant to Policy No.
5558377-C20-13A (Case No. 11-cv-0691-MJR should be noted on the check);
(b)

State

Farm

Mutual

Automobile

Insurance

Company

is

DISMISSED from this case and from further liability or responsibility to the parties
to this action with respect to Policy No. 5558377-C20-13A issued by State Farm
Mutual Automobile Insurance Company to Bethany Jones for injuries, damages and
claims sustained by Bethany Jones arising out of the motor vehicle accident occurring
on September 4, 2010 in Wabash County, Illinois;
(c)

The defendants in this action are to interplead and litigate their

respective rights and claims among themselves concerning the sum of $100,000.00
that was due and has been paid under Policy No. 5558377-C20-13A as to Bethany
Jones through this interpleader action; and
(d)

The defendants and their agents, attorneys, representatives,

assigns and all other persons claiming by, through or under them or any of them, are
perpetually enjoined and restrained from instituting or prosecuting any further
proceeding in this or any other court of law or in equity against State Farm Mutual
Automobile Insurance Company on account of the policy described above as to the
claims of Bethany Jones as a result of the aforementioned motor vehicle accident.
IT IS SO ORDERED.
DATE: September 6, 2012
s/ Michael J. Reagan
MICHAEL J. REAGAN
UNITED STATES DISTRICT JUDGE

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