Metropolitan Life Insurance Company v. Smith-Howell et al

Filing 13

ORDER denying without prejudice Pltf's 12 Motion for Dismissal and Discharge as premature. Signed by District Judge Martin Reidinger on 9/06/2018. (ejb)

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THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA ASHEVILLE DIVISION CIVIL CASE NO. 1:18-cv-00164-MR METROPOLITAN LIFE INSURANCE COMPANY, ) ) ) Plaintiff, ) ) vs. ) ) ) STELLETTA SMITH-HOWELL and ) TRAVIS FLACK, ) ) Defendants. ) ________________________________ ) ORDER THIS MATTER is before the Court on the Plaintiff’s Motion for Dismissal and Discharge [Doc. 12]. The Plaintiff and Stakeholder in Interpleader, Metropolitan Life Insurance Company, moves for an Order dismissing it from this action with prejudice, with full and complete discharge from any liability to any of the Claimants in Interpleader related to the subject matter of this lawsuit. [Doc. 12]. The docket reflects, however, that neither of the Defendants/potential Claimants in Interpleader has answered or otherwise responded to the Plaintiff’s Complaint. Accordingly, the Court finds that the Plaintiff’s motion is premature. Accordingly, IT IS, THEREFORE, ORDERED that the Plaintiff’s Motion for Dismissal and Discharge [Doc. 12] is DENIED WITHOUT PREJUDICE as premature. IT IS SO ORDERED. Signed: September 6, 2018 2

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