Free Order on Motion to Deposit Funds - District Court of Delaware - Delaware

Case 1:07-cv-00511-LPS Document 17 Filed 11/28/2007 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT ‘
FOR THE DISTRICT OF DELAWARE
THE UNITED STATES LIFE INSURANCE -
COMPANY IN THE CITY OF NEW YORK, : _
Plaintiff, {
v. Civ. N0. 07-511-LPS
JAMES R. WITHROW and l
MYUNG PHAM LEGRO, :
_ Defendants.
ORDER GRANTING MOTION FOR DEPOSIT OF FUNDS WITH
THE CLERK OF THE COURT AND REQUIRING DEFENDANTS TO INTERPLEAD
WHEREAS, the United States Life Insurance Company in the City of New
‘York ("US Life"), in this interpleader action tiled pursuant to 28 U.S.C. § 1335
(D.I. 1), has tiled a Motion of Interpleader Plaintiff for an Order: (I) Authorizing the
Payment of Funds Into Court; (Il) Granting Costs and Attorneys' Fees; and (lll)
Authorizing Discharge of US Life From Further Liability and Dismissal From Action; and
WHEREAS, US Life wishes to deposit the sum of $36,400.00, less its
costs and attorneys' fees (the "Funds"), with the Clerk of this Court; and
WHEREAS, the deposit of said funds is authorized by Fed. R. Civ .P. 67
and subject to Order of the Court,
NOW THEREFORE, IT IS HEREBY ORDERED:
1. US Life is entitled to reimbursement of costs and attorneys’ fees in
the amount of $1,425.00.
2. The Clerk of the Court shall accept the remaining sum of

Case 1:07-cv-00511-LPS Document 17 Filed 11/28/2007 Page 2 of 3
$34,975.00 from the plaintiff US Life.
3. Within ten (10) days of receipt of the check representing payment
of the aforesaid sum from the plaintiff US Life, the Clerk of the Court shall draw a check
against the Registry of the Court in the amount of $34,975.00 made payable to Clerk,
US District Court and deliver same to Citizens Bank, together with a certified copy of
this Order.
F 4. Upon receipt of said check by Citizens Bank, it shall be deposited
in an interest bearing account to be opened in the name of "Office of the Clerk of US
District Court, Delaware, Civil Action No. 07-511-LPS."
5. The Clerk of the Court shall deduct from the income earned from
the investment a fee, not exceeding that authorized by the Judicial Conference of the
United States and set by the Director ofthe Administrative Office, whenever such
income becomes available for deduction in the investment so held and without further
order of the Court.
6. The funds deposited with Citizens Bank shall remain on deposit
until further order of the Court.
7. US Life is hereby dismissed from this action and discharged from
any and all claims relating to or concerning the Funds.
8. Defendants James R. Withrow and lr/lyung Pham LeGro shall each
file with the Court, no later than Friday, December 7, 2007, an Answer, not to
exceed two pages in length, establishing why that Defendant has the right to the
proceeds of Lisa P. Withrow’s life insurance policy, which named Ms. LeGro as -
sole primary beneficiary at the time of l\/ls. Withrow’s death. To the extent either party

Case 1:07-cv-OO511-LPS Document 17 Filed 11/28/2007 Page 3 of 3
fails to file a timely Answer, the Court will entertain a request to enter an Order for
default judgment. · l
DATED: N°°‘)Q“°J°’°`/ Z Q/\/;Q1»
UNITED STATES |\/IAGISTRATE JUDGE

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