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Soto v. Nguyen

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


September 11, 2009

MARIA SOTO, ET AL., PLAINTIFFS,
v.
TU PHUOC NGUYEN, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Morrison C. England, Jr. United States District Judge

Plaintiffs initiated these actions seeking relief for injuries allegedly suffered as a result of a 2005 bus accident. Presently before the Court is an unopposed Motion to Dismiss filed by Defendant Tu Phuoc Nguyen. Defendant's Motion is granted in part and denied without prejudice in part.*fn1

Defendant, who was recently discharged in bankruptcy, is the named insured on a $50,000 Farmers Insurance Exchange automobile insurance policy, policy number 0165639192, which is his only known asset. There are multiple, conflicting demands being made against that policy, and Defendant is unable to determine the validity of the respective claims. Defendant himself has no interest in the funds.

Accordingly, Defendant Nguyen's request to interplead funds (Docket No. 161) is GRANTED, and Defendant is hereby ordered to deposit with the Clerk of the Court the entirety of the above insurance policy funds, $50,000. Upon making such deposit, and upon renewing his instant Motion to Dismiss with the Court, Defendant Nguyen will be dismissed with prejudice from this action. Accordingly, until that time, Defendant's Motion to Dismiss itself (also Docket No. 161) is DENIED without prejudice.

IT IS SO ORDERED.


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