Originally published as 2 Hastings Const. Reprinted in the Senate Reportpg. For educational use only. The printed edition remains canonical.
Smathers, Canton, NC, S. Great West issued a liability policy to Globe, an Illinois corporation and commercial trucking company.
Lazova is the president of Globe. The tractor trailer collided with and allegedly caused collisions with numerous vehicles on Interstate 26 in Henderson County resulting in multiple deaths and numerous personal injuries.
Lazova was actually added as a named party in a subsequent amended complaint. Prior to the accident, Great West had issued a single liability insurance policy to Globe in the amount of one million dollars.
At the time Great West brought this interpleader action, it had not been able to locate any other policies and was of the belief that no other liability policies covering its insureds herein had been issued by another company.
Great West also claimed that neither Globe nor Velkov, who has been discharged in bankruptcy, has assets available to satisfy any potential judgments which may result from the accident.
Great West thus was confronted with the possibility of claims exceeding one million dollars due to the extensive nature of the collision and resulting deaths and injuries. As a result, Great West was in the position of being unable to ascertain an equitable allocation of proceeds and sought leave to pay into court the full proceeds of its insurance policy pursuant to statutory interpleader.
Great West also moved pursuant to 28 U. On January 14,Great West dismissed certain Defendants after learning that they did not wish to assert claims.
Great West deposited the policy proceeds on November 29, The relief sought in the Third Amended Complaint, however, remained the same: She was a passenger in one of the cars involved in the collision.
The Magistrate Judge granted the motion and the Plaintiffs sought reconsideration thereof. The parties have responded and the Motion to Reconsider is now ready for disposition. Federal Rule of Civil Procedure 72 a provides: A party may serve and file objections to the order within 14 days after being served with a copy….
The district judge in the case must consider timely objections and modify or set aside any part of the order that is clearly erroneous or is contrary to law. Town of Oyster Bay, F.
CJH Freight as a defendant. The other defendants in that suit are Ferrara, Globe, Velkov and Lazova. The plaintiffs in this second action are hereinafter referred to as the Illinois state court claimants. On February 15,the plaintiffs in that action were granted leave to amend the complaint in order to add another defendant, CJH Freight.
That action remains pending. The plaintiffs in this third action are hereinafter referred to as the North Carolina state court claimants.
CJH as a named defendant in this action. The Plaintiffs herein, however, have never sought to add CJH as a defendant in this action. They were also advised to inform the Court whether other state court actions would be pursued and whether they support or oppose a stay of this action. Finally, the parties were instructed to opine whether the initiation of such other suits constituted a violation of the restraining order entered in this interpleader action.
The parties responses are summarized herein. These claimants also seek a stay of this action pending resolution of the Illinois case. They have there stated claims for wrongful death and personal injuries.North West Company Case Analysis North West Company Case Analysis Barry McLeod, Director of Procurement & Marketing Ken Claudel, VP of Logistics & Supply Chain Issue Identification Barry McLeod is currently faced with the decision to recommend a supply chain strategy to Ken Claudel as to whether or not implement localization at North West.
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