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)

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

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