Life Insurance Company of North America v. Barden, et al

Filing 26

ORDER granting 24 Motion to Dismiss Plaintiff from Interpleader Under Federal Rule 22. Signed by Senior Judge W. Earl Britt on 9/22/2011. (Marsh, K)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NORTH CAROLINA
SOUTHERN DIVISION
NO: 7:11-CV-00085-BR

LIFE INSURANCE COMPANY OF NORTH
AMERICA,
Plaintiff,
v.
JOANN BARDEN,
BRIGID A. FORD,
Defendants.

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ORDER

This matter is before the court on plaintiff’s motion to discharge itself from further
obligation in this interpleader action. Neither defendant has filed a response to the motion.
Plaintiff has deposited the sum of $54,000, representing the face amount of the insurance
policy at issue plus interest, into the Court’s registry. This amount represents the extent of
plaintiff’s liability on the policy. Accordingly, plaintiff’s motion is ALLOWED, and it is hereby
ORDERED that:
1.

Defendants and their agents, assigns, and attorneys are permanently enjoined and
restrained from instituting or prosecuting any action or proceeding in any state or
United States court against plaintiff relating to, arising under, or affecting policy
number FLX-962498 issued on the life of Patrick A. Barden in the amount of
$50,000.

2.

Plaintiff is discharged of any further liability.

3.

Plaintiff is DISMISSED WITH PREJUDICE.

This 22 September 2011.

__________________________________
W. Earl Britt
Senior U.S. District Judge

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