Acuity, A Mutual Insurance Company et al v. Rex, LLC et al

Filing 48

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Plaintiffs motion to enjoin all claimants/Defendants from instituting or prosecuting any proceeding in any State or United States Court affecting the insurance proceeds of the underlying interpleader action pursuant to 28 U.S.C. § 2361 is DENIED as moot. ECF No. 15. Signed by District Judge Audrey G. Fleissig on 1/11/2017. (JMC)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION
ACUITY, A MUTUAL INSURANCE
COMPANY,
Plaintiff,
vs.
REX, LLC, TABB ROBERT BARKS,
RONALD LEE GEAN, ESTATE OF
JEAN CAROL GEAN, SWIFT
TRANSPORTATION CO. OF
ARIZONA, LLC, GAGANJOT SINGH
VIRK, AUTO-OWNERS INSURANCE
COMPANY, AIR EVAC EMS, INC.,
DEACONESS HOSPITAL, INC.,
HEARTLAND REGIONAL MEDICAL
CENTER, ZURICH AMERICAN
INSURANCE COMPANY, and
GALLAGHER BASSETT SERVICES,
INC.,
Defendants

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Case No. 1:16-cv-300-AGF

MEMORANDUM AND ORDER
This matter is before the Court on the motion of Plaintiff Acuity, A Mutual
Insurance Company, to enjoin all claimants/Defendants from instituting or prosecuting
any proceeding in any State or United States Court affecting the insurance proceeds of
the underlying interpleader action pursuant to 28 U.S.C. § 2361. ECF No. 15. On
October 30, 2017, in response to a motion to dismiss filed by Ronald Lee Gean and the
Estate of Jean Carol Gean, the Court granted Acuity leave to either deposit additional
funds with the Court or dismiss its interpleader count. ECF No. 39. On November 13,

2017, Acuity filed a motion to voluntarily dismiss the interpleader count, which the Court
granted on January 4, 2018. ECF No. 46. In light of the dismissal of the interpleader
count, Acuity’s motion to enjoin is now moot.
Accordingly,
IT IS HEREBY ORDERED that Plaintiff’s motion to enjoin all
claimants/Defendants from instituting or prosecuting any proceeding in any State or
United States Court affecting the insurance proceeds of the underlying interpleader action
pursuant to 28 U.S.C. § 2361 is DENIED as moot. ECF No. 15.

AUDREY G. FLEISSIG
UNITED STATES DISTRICT JUDGE
Dated this 11th day of January, 2017.

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