Nationwide Mutual Insurance Company v. Fluharty et al

Filing 3

ORDER Directing Clerk To Deposit Available Proceeds. Signed by Judge Frederick P. Stamp Jr. on 11/5/07. (c to counsel, Evelyn Howell)(mji)

Nationwide Mutual Insurance Company v. Fluharty et al

Doc. 3

Case 5:07-cv-00140-FPS

Document 3

Filed 11/05/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF WEST VIRGINIA NATIONWIDE MUTUAL INSURANCE COMPANY, Plaintiff, v. ESTATE OF TINA FLUHARTY, deceased, MONICA HUNTER as Executrix of the Estate of Tina Fluharty ESTATE OF JAMES FLUHARTY, deceased and NATHAN FLUHARTY as Executor of the Estate of James Fluharty, Defendants. ORDER DIRECTING CLERK TO DEPOSIT AVAILABLE PROCEEDS On October 31, 2007, the plaintiff, Nationwide Mutual Civil Action No. 5:07CV140 (STAMP)

Insurance Company, filed a complaint for interpleader with this Court. Because the defendants in this action have conflicting

claims, the plaintiff asserts that it may be exposed to double and/or multiple liability. There remains Fifty Thousand Five

Hundred Ninety Eight and 60/100 Dollars ($50,598.60) of available proceeds of the insurance policy at issue. The plaintiff requests

that this sum be deposited pursuant to 28 U.S.C. § 2041 in an interest bearing account at a federally insured bank to be opened in the name of Nationwide Mutual Insurance Company, Federal

Identification No. 55-6077075, with the Clerk of the United States District Court for the Northern District of West Virginia to be named trustee of the Fifty Thousand Five Hundred Ninety Eight and 60/100 Dollars ($50,598.60) in this bank account. While the

complaint for interpleader filed in this civil action indicates

Dockets.Justia.com

Case 5:07-cv-00140-FPS

Document 3

Filed 11/05/2007

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that the plaintiff has deposited the Fifty Thousand Five Hundred Ninety Eight and 60/100 Dollars ($50,598.60) with the Clerk of this Court, the Clerk indicates that no such funds have been received. Upon the Clerk's receipt of the funds, plaintiff's request is hereby GRANTED and the Clerk is DIRECTED to deposit the sum of Fifty Thousand Five Hundred Ninety Eight and 60/100 Dollars

($50,598.60) in the manner requested by the plaintiff. IT IS SO ORDERED. The Clerk is directed to transmit a copy of this order to counsel of record herein. DATED: November 5, 2007

/s/ Frederick P. Stamp, Jr. FREDERICK P. STAMP, JR. UNITED STATES DISTRICT JUDGE

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