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08-1317 - Starmount Life Insurance Company, Inc. v. Neal, et al.


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08-1317 - Starmount Life Insurance Company, Inc. v. Neal, et al.
December 8, 2008
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MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that defendant Daniel DeLuca's Motion to Transfer and to Abstain is GRANTED in part and DENIED in part; said motion is GRANTED to the extent the Court will abstain from this matter in the exercise of its discretion, and DENIED to the extent defendant seeks transfer of this matter to state court. [Doc. 7]. IT IS FURTHER ORDERED that plaintiff Starmount Life Insurance Company, Inc.'s Motion to Transfer Policy Proceeds is GRANTED. [Doc. 25]. IT IS FURTHER ORDERED that the Clerk of the Court shall transfer the interpleaded policy proceeds, in the amount of $201,394.00, together with any interest accrued thereon, deposited by Starmount Life Insurance Company, Inc. pursuant to this Court's Order of September 10, 2008, from the Court Registry to the Clerk of the Phelps County Circuit Court, to be deposited in an interest-bearing account and disbursed by the Phelps County Court pursuant to its adjudication of case number 08PH-cv01475. The disbursement check should be payable to the Phelps County Circuit Court, and mailed to 200 N. Main Street, Suite 201, Rolla, Missouri 65401. IT IS FURTHER ORDERED that this matter is STAYED and that the Clerk of the Court shall administratively close this matter pending resolution of the related litigation in Phelps County, Missouri case number 08PH-cv01475. IT IS FURTHER ORDERED that this case may be reopened upon motion of any party, which shall include: (a) A brief statement of the facts, procedural history and resolution of the state court proceedings; (b) the issues, if any, remaining for determination; (c) whether a Rule 16 scheduling conference is requested; (d) whether it is anticipated that there will be pretrial motion practice, including the filing of dispositive motions; (e) when it is reasonably likely this case would be ready to proceed to trial; and (f) the estimated length of trial. Signed by Honorable Charles A. Shaw on 12/8/08. (KJF, )