Opinion
2:23-CV-01557-CBB
08-08-2024
INDEMNITY INSURANCE COMPANY OF NORTH AMERICA, Plaintiff v. NATHAN TINSTMAN, AS ADMINISTRATOR OF THE ESTATE OF MARC RICHARD TINSTMAN; NATHAN TINSTMAN, AS ADMINISTRATOR OF THE ESTATE OF TERRI GAIL TINSTMAN; JOSEPH ESTEP, JEREMIAH L. KEMP, WESTFIELD INSURANCE, AS SUBROGEE OF JEREMIAH L. KEMP; ENVIROSERVE, INC., GOVERNMENT EMPLOYEES INSURANCE COMPANY, AS SUBROGEE OF MARC RICHARD TINSTMAN AND TERRI GAIL TINSTMAN; Defendants
ORDER ON MOTION TO DISMISS ECF NO. 39
CHRISTOPHER B. BROWN UNITED STATES MAGISTRATE JUDGE
AND NOW, this 8th day of August, 2024, Upon consideration of Defendants' motion to dismiss ECF No. 39, it is HEREBY ORDERED that said motion is DENIED in part and HELD IN ABEYANCE in part as follows: the motion to dismiss is denied on the basis of abstention under Younger v. Harris, 401 U.S. 37 (1971) and held in abeyance pending supplemental briefing to consider whether the abstention principals derived from Colorado River Water Conservation Dist. v. United States, 424 U.S. 800 (1976) or Brillhart v. Excess Ins. Co. of Am., 316 U.S. 491 (1942) applies. Defendants shall file a supplemental brief within fourteen days of this Order. Plaintiff's response is due fourteen days thereafter. Should Defendants fail to file a supplemental brief, the motion to dismiss based on Colorado River abstention will be denied.
IT IS FURTHER ORDERED that Plaintiff shall file a motion consistent with the Local Rules of this Court within seven days of this Order to deposit the interpleaded funds into the Court Registry.