Nationwide Life and Annuity Insurance Company v. Sims et al

Filing 35

ORDER OF DISMISSAL OF PLAINTIFF NATIONWIDE LIFE AND ANNUITY INSURANCE COMPANY. Signed by the Honorable R. Bryan Harwell on 7/22/2016. (hcic, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
FLORENCE DIVISION
Nationwide Life and Annuity Insurance
Company,

)
)
)
Plaintiff,
)
)
vs.
)
)
Margaret Rose C. Sims, as the duly
)
appointed representative of The Estate of
)
David Lee Sims, Jr. and Heather Sims,
)
)
Defendants.
)
_____________________________________)

Civil Action No. 4:15-cv-01649-RBH

ORDER OF DISMISSAL OF
PLAINTIFF NATIONWIDE LIFE AND
ANNUITY INSURANCE COMPANY

BEFORE THE COURT is the motion of the Plaintiff, Nationwide Life and Annuity
Insurance Company (hereinafter “Nationwide”), requesting that the Court enter an Order
dismissing it from this action. For good cause shown, the Court GRANTS the Plaintiff’s motion.
THE RECORD REFLECTS the following facts pertinent to the Plaintiff’s request:
1.

On February 1, 2016, the Court issued an Order granting Nationwide leave to

deposit with the registry of the Court the death benefit proceeds of the subject insurance policy.
This Order provided that “[a]fter depositing the proceeds, Plaintiff shall be DISMISSED WITH
PREJUDICE from this action and discharged from all liability with respect to the deposited
funds.” (Dkt. No. 16.)
2.

On February 11, 2016, Nationwide deposited the sum of $797,962.56 with the

clerk of court, representing the entirety of the death benefit proceeds owed plus interest and a
refund of unearned premium. The clerk of court issued an acknowledgment of receipt of the
checks. (Dkt. No. 18.)

Because Nationwide has deposited the proceeds, pursuant to the Court’s February 1, 2016
Order, Nationwide is hereby DISMISSED WITH PREJUDICE from this action.
IT IS SO ORDERED.
July 22, 2016
Florence, South Carolina

s/ R. Bryan Harwell
R. Bryan Harwell
United States District Judge