Metropolitan Life Insurance Company v. Smith-Howell et al

Filing 7

ORDER granting Pltf's 5 Motion for Interpleader Deposit (28 U.S.C. Section 1335). Authorized deposit in the amount of $165,000.00, plus any applicable interest to be tendered by Pltf, to Clerk of this Court, within 14 days of entry of this Order; and Clerk shall receive and deposit said funds in an interest-bearing account or invest said funds in a court-approved, interest-bearing instrument, subject to further Order of this Court. Signed by District Judge Martin Reidinger on 6/18/2018. (ejb)

THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:18-cv-000164-MR

METROPOLITAN LIFE
INSURANCE COMPANY,

)
)
)
Plaintiff,
)
)
vs.
)
)
STELLETTA SMITH-HOWELL and
)
TRAVIS FLACK,
)
)
Defendants and
)
Claimants in
)
Interpleader.
)
_______________________________ )

ORDER

THIS MATTER is before the Court on the Plaintiff’s Motion for Receipt
and Deposit of Interpleader Funds [Doc. 5].
For the reasons stated by the Plaintiff, and good cause shown,
IT IS, THEREFORE, ORDERED that the Plaintiff’s Motion for Receipt
and Deposit of Interpleader Funds [Doc. 5] is GRANTED, and the Plaintiff
shall tender funds amounting to $165,000.00, plus any applicable interest, to
the Clerk of this Court, within fourteen (14) days of the entry of this Order.
Said funds shall be deemed Disputed Ownership Funds (“DOF”) in
accordance with Local Civil Rule 67.1 and the applicable IRS definition.

IT IS FURTHER ORDERED that, in accordance with the provisions of
Local Civil Rule 67.1, the Clerk of this Court shall receive and deposit said
funds in an interest-bearing account or invest said funds in a court-approved,
interest-bearing instrument, subject to further Order of this Court.
IT IS SO ORDERED.
Signed: June 18, 2018

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