State Farm Fire & Cas. Co.
v.
Sellars

This case is not covered by Casetext's citator
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON PORTLAND DIVISIONJul 31, 2018
No. 3:18-cv-0517-PK (D. Or. Jul. 31, 2018)

No. 3:18-cv-0517-PK

07-31-2018

STATE FARM FIRE AND CASUALTY CO., Plaintiff, v. DANIEL SELLARS, et al., Defendants.


FINDINGS AND RECOMMENDATION

PAPAK, Magistrate Judge :

Plaintiff State Farm Fire and Casualty Co. (State Farm) brings this interpleader action, seeking a declaration on its obligations to pay proceeds under a State Farm renters' insurance policy (the Policy). State Farm alleges that a fire originated in the insured location, an apartment in Portland, causing property damage to others, and that each of the named Defendants "potentially may make a claim to the proceeds" of the Policy based on losses caused by the fire. Compl. ¶ 22, ECF No. 1.

Pro se Defendant Ashley Mead now moves by letter to dismiss. ECF No. 27. I recommend granting the motion and dismissing Mead with prejudice.

DISCUSSION

"The purpose of interpleader is for the stakeholder [here, State Farm] to 'protect itself against the problems posed by multiple claimants to a single fund.'" Mack v. Kuckenmeister, 619 F.3d 1010, 1024 (9th Cir. 2010) (quoting Minn. Mut. Life Ins. Co. v. Ensley, 174 F.3d 977, 980 (9th Cir. 1999)). In her motion, Mead states that she "did not sustain damages as a result of the 05/31/2017 fire loss." Letter Mot. Dismiss 1. Mead seeks "to be completely released and forever discharged with prejudice." Id.

Mead has disclaimed any interest in the proceeds of the Policy. Neither Plaintiff nor any other Defendant has responded to Mead's motion to dismiss. I conclude that she should be dismissed with prejudice from this interpleader action.

CONCLUSION

Defendant Ashley Mead's Letter Motion to Dismiss, ECF No. 27, should be granted with prejudice.

SCHEDULING ORDER

The Findings and Recommendation will be referred to a district judge. Objections, if any, are due fourteen (14) days from service of the Findings and Recommendation. If no objections are filed, then the Findings and Recommendation will go under advisement on that date.

If objections are filed, then a response is due fourteen (14) days after being served with a copy of the objections. When the response is due or filed, whichever date is earlier, the Findings and Recommendation will go under advisement.

Dated this 31st day of July, 2018

/s/_________


Honorable Paul Papak


United States Magistrate Judge