McCarty et al v. Dunbar et al

Filing 56

RULING AND ORDER Adopting 54 Report and Recommendation of the U.S. Magistrate Judge; granting in part 51 First Amended Motion for Leave to File Intervention and File Counterclaim and Third-Party Demand For Statutory Interpleader. Lancer shall b e permitted to file its Amended Counterclaim For Interpleader (Doc. 51-3) and Amended Third-Party Demand in Interpleader (Doc. 51-4) The Clerk of Court shall enter these proposed pleadings as separate docket entries. Lancer shall deposit the insuran ce proceeds at issue into the Court's registry in accordance with Local Rule 67 and Rule 67 of the Federal Rules of Civil Procedure. Lancer's requests for injunctive relief and discharge are DENIED WITHOUT PREJUDICE, subject to Lancer's right to re-urge its requests after the interpleader funds have been deposited and all claimants have made an appearance. Signed by Judge Brian A. Jackson on 1/6/2021. (SWE) Modified on 1/6/2021 to edit docket text (SWE).

Case 3:19-cv-00800-BAJ-SDJ

Document 56

01/06/21 Page 1 of 2

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA
DEBBIE MCCARTY

CIVIL ACTION

VERSUS
DATRIL JAYVIA DUNBAR, ET AL.

NO. 19-00800-BAJ-SDJ

RULING AND ORDER
Before the Court is the First Amended Motion For Leave To File
Intervention And File Counterclaim And Third-Party Demand For
Statutory Interpleader (Doc. 51), filed by putative Intervenor Lancer Insurance
Company

(“Lancer”).

The

Magistrate

Judge

has

issued

a

Report

and

Recommendation (Doc. 54), recommending that Lancer’s Motion be granted to the
extent Lancer seeks leave to intervene, and to deposit the insurance proceeds at issue
into the Court’s registry, but that Lancer’s motion be denied as premature to the
extent Lancer seeks discharge and injunctive relief barring future claims against
Lancer. There are no objections to the Magistrate Judge’s Report and
Recommendation.
Having carefully considered Lancer’s motion and related filings, the Court
APPROVES the Magistrate Judge’s Report and Recommendation and ADOPTS it
as the Court’s opinion in this matter.
Accordingly,
IT IS ORDERED that Lancer’s First Amended Motion For Leave To File
Intervention And File Counterclaim And Third-Party Demand For Statutory

Case 3:19-cv-00800-BAJ-SDJ

Document 56

01/06/21 Page 2 of 2

Interpleader (Doc. 51) is GRANTED IN PART, and that Lancer shall be permitted
to file its Amended Counterclaim For Interpleader (Doc. 51-3) and Amended
Third-Party Demand in Interpleader (Doc. 51-4). The Clerk of Court shall enter
these proposed pleadings as separate docket entries.
IT IS FURTHER ORDERED that Lancer shall deposit the insurance
proceeds at issue into the Court’s registry in accordance with Local Rule 67 and Rule
67 of the Federal Rules of Civil Procedure.
IT IS FURTHER ORDERED that Lancer’s requests for injunctive relief and
discharge are DENIED WITHOUT PREJUDICE, subject to Lancer’s right to reurge its requests after the interpleader funds have been deposited and all claimants
have made an appearance.
Baton Rouge, Louisiana, this 6th day of January, 2021

______________________________________
JUDGE BRIAN A. JACKSON
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA

2