MIDLAND NATIONAL LIFE INSURANCE v. RIVAS et al

Filing 15

ORDER THAT MIDLANDS MOTION TO DEPOSIT FUNDS (ECF NO. 3 ) IS DENIED WITHOUT PREJUDICE; MIDLAND SHALL FILE A MOTION TO DEPOSIT FUNDS AND AN AMENDED COMPLAINT CONSISTENT WITH THE REQUIREMENTS DISCUSSED IN THIS OPINION ON OR BEFORE JANUARY 9, 2017. SIGNED BY HONORABLE GERALD J. PAPPERT ON 12/9/16. 12/9/16 ENTERED AND COPIES MAILED AND E-MAILED TO COUNSEL, MAILED TO UNREP. (va, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA MIDLAND NATIONAL LIFE INSURANCE COMPANY, CIVIL ACTION NO. 16-04712 Plaintiff, v. CLARA OXLEY RIVAS, et al., Defendants. ORDER AND NOW, this 9th day of December, 2016, upon consideration of Plaintiff Midland National Life Insurance Co.’s Complaint (ECF No. 1), Midland’s Motion to Deposit Funds (ECF No. 3), and Defendant Calvin Clidy’s Answer and Affirmative Defenses (ECF No. 11), it is hereby ORDERED that: 1. Midland’s Motion to Deposit Funds (ECF No. 3) is DENIED without prejudice; 2. Midland shall file a motion to deposit funds and an amended complaint consistent with the requirements discussed in this opinion on or before January 9, 2017. BY THE COURT: /s/ Gerald J. Pappert GERALD J. PAPPERT, J. 11

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