Prudential Insurance Company of America v. Mudd et al

Filing 26

ORDER -...IT IS HEREBY ORDERED that plaintiff Prudential Insurance Company of Americas Motion for Leave to Deposit and for Interpleader Relief is GRANTED in part and DENIED in part without prejudice; the motion is GRANTED as to the motion to d eposit funds, and DENIED without prejudice as premature as to the other requested relief. [Doc. 15] IT IS FURTHER ORDERED that pursuant to Rule 67 of the Federal Rules of Civil Procedure, Prudential Insurance Company of America shall deposit into the Registry of the Court $300,000.00, together with applicable interest, if any. IT IS FURTHER ORDERED that the Clerk shall deposit the funds in a money market or other instrument, at the prevailing rate of interest at a federall y-approved financial institution. The initial investment is subject to the collateral provisions of Treasury Circular 176. IT IS FURTHER ORDERED that the Clerk shall deduct the administrative registry fee, set by the Director of the Administr ative Office of the U.S. Courts at ten percent of the interest earned or as indicated on the amount and time of deposit into the Court, without further Order of the Court. Said fee is authorized by the Judicial Conference of the United States. Signed by District Judge Charles A. Shaw on 12/28/2015. (MRC)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

THE PRUDENTIAL INSURANCE
COMPANY OF AMERICA,
Plaintiff,
v.
KAREN DEFINE MUDD, et al.,
Defendants.

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No. 4:15-CV-1024 CAS

ORDER
This matter is before the Court on plaintiff Prudential Insurance Company of America’s
Motion for Leave to Deposit and for Interpleader Relief. No response has been filed to the motion,
and the time to do so has passed. The motion to deposit funds will be granted. The remainder of
the relief sought by plaintiff will be denied without prejudice as premature, pending the deposit of
funds into the Court Registry.
Prudential Insurance Company of America may file a motion to be dismissed from this action
and for other appropriate relief after it has paid the insurance policy’s death benefit into the Court
Registry. Any request for attorneys’ fees shall be accompanied by billing records.
Accordingly,
IT IS HEREBY ORDERED that plaintiff Prudential Insurance Company of America’s
Motion for Leave to Deposit and for Interpleader Relief is GRANTED in part and DENIED in part
without prejudice; the motion is GRANTED as to the motion to deposit funds, and DENIED
without prejudice as premature as to the other requested relief. [Doc. 15]

IT IS FURTHER ORDERED that pursuant to Rule 67 of the Federal Rules of Civil
Procedure, Prudential Insurance Company of America shall deposit into the Registry of the Court
$300,000.00, together with applicable interest, if any.
IT IS FURTHER ORDERED that the Clerk shall deposit the funds in a money market or
other instrument, at the prevailing rate of interest at a federally-approved financial institution. The
initial investment is subject to the collateral provisions of Treasury Circular 176.
IT IS FURTHER ORDERED that the Clerk shall deduct the administrative registry fee,
set by the Director of the Administrative Office of the U.S. Courts at ten percent of the interest
earned or as indicated on the amount and time of deposit into the Court, without further Order of the
Court. Said fee is authorized by the Judicial Conference of the United States.

CHARLES A. SHAW
UNITED STATES DISTRICT JUDGE

Dated this

28th

day of December, 2015.