Opinion
CIVIL 1:21-cv-00332-MR
05-20-2022
COLONIAL LIFE & ACCIDENT INSURANCE COMPANY, Plaintiff, v. PAULA G. BRYANT, PENNY B. PENDERGRASS, BRIAN HAMBY, RYAN HAMBY, and KENNETH HAMBY, Defendants.
ORDER
MARTIN REIDINGER CHIEF UNITED STATES DISTRICT JUDGE
THIS MATTER is before the Court on the Plaintiff's Renewed Motion for Discharge, Injunctive Relief, and Dismissal with Prejudice [Doc. 17].
The Plaintiff and Stakeholder in Interpleader, Colonial Life & Accident Insurance Company, moves for an Order dismissing it from this action with prejudice, with full and complete discharge from any liability to any of the Defendants/potential Claimants in Interpleader related to the subject matter of this lawsuit, and enjoining the Defendants from initiating any action against the Plaintiff for recovery of benefits. [Doc. 13]. The Court previously denied a similar motion by the Plaintiff as premature. [Doc. 14].
The docket continues to reflect that none of the Defendants/potential Claimants in Interpleader has answered or otherwise responded to the Plaintiff's Complaint. The Plaintiff has not moved for the entry of default as to any of these individuals. Accordingly, the Plaintiff's motion for discharge from this action is denied as premature.
The record reflects that one of the potential claimants, Penny B. Pendergrass, filed a letter on April 11, 2022, addressing various issues regarding the subject matter of this action. [Doc. 15]. The Court, however, does not construe this letter as “serving as her Answer” as suggested by the Plaintiff. [See Doc. 17 at 2].
Accordingly, IT IS, THEREFORE, ORDERED that the Plaintiff's Renewed Motion for Discharge, Injunctive Relief, and Dismissal with Prejudice [Doc. 17] is DENIED WITHOUT PREJUDICE as premature.
IT IS SO ORDERED.