Monumental Life Insurance Company et al v. North et al

Filing 46

ORDER RULING ON REPORT AND RECOMMENDATIONS for 44 Report and Recommendations, granting 41 Motion for Disbursement of Funds filed by David Wade North, Kevin J North. Signed by Honorable Terry L Wooten on 1/23/2012. (ydav, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
AIKEN DIVISION
Monumental Life Insurance Co. and Stonebridge
Life Insurance Co.,
Plaintiffs,
vs.
David Wade North, Kevin J. North, and Nellie J.
Toothman,
Defendants.
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Civil Action No. 1:10-88-TLW-JRM

ORDER
On January 13, 2010, the Plaintiffs filed this civil action in interpleader pursuant to 28
U.S.C. § 1335. (Doc. # 1).
The matter now comes before this Court for review of the Report and Recommendation
(“the Report”) filed by Magistrate Judge Joseph R. McCrorey to whom this case had previously
been assigned. In the Report, the Magistrate Judge recommends that Defendant David Wade
North’s and Defendant Kevin J. North’s Motion for Disbursement of Funds be granted. (Doc. #
44). Objections were due on January 17, 2012. Defendant Nellie J. Toothman has filed no
objections to the Report.
This Court is charged with conducting a de novo review of any portion of the Magistrate
Judge’s Report and Recommendation to which a specific objection is registered, and may accept,
reject, or modify, in whole or in part, the recommendations contained in that Report. 28 U.S.C. §
636. In the absence of objections to the Report and Recommendation of the Magistrate Judge,
this Court is not required to give any explanation for adopting the recommendation. See Camby
v. Davis, 718 F.2d 198, 199 (4th Cir. 1983).

The Court has carefully reviewed the Magistrate Judge’s Report and Recommendation.
For the reasons articulated by the Magistrate Judge, it is hereby ORDERED that the Magistrate
Judge’s Report and Recommendation is ACCEPTED.

(Doc. # 44).

The Motion for

Disbursement of Funds by Defendants David Wade North and Kevin J. North is thereby
GRANTED (Doc. # 41). The remaining interpled funds, less any administrative fees, are to be
disbursed to Defendants David Wade North and Kevin J. North. Upon disbursement of the
interpled funds, this case shall be dismissed with prejudice.
IT IS SO ORDERED.

January 23, 2012
Florence, South Carolina

__s/Terry L. Wooten______
United States District Judge