Metropolitan Life Ins. Co. v. Vang ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 Metropolitan Life Insurance Company, No. 2:22-cv-01807-KJM-KJN 12 Plaintiff in ORDER B Interpleader, 14 v: 15 Billy Vang and Amanda Thao, 16 Defendants in Interpleader. 17 18 19 Metropolitan Life Insurance Company filed its complaint in this action under Federal Rule 20 | of Civil Procedure 22. See Compl. § 4, ECF No. 1. Rule 22 allows a party to file a claim in 21 | interpleader given the “possibility of exposure to double or multiple liability.” Lee v. W. Coast 22 | Life Ins. Co., 688 F.3d 1004, 1009 (9th Cir. 2012). Interpleader actions allow a stakeholder to 23 | protect itself when it faces more than one claim to a single fund. /d. (quoting Mack v. 24 | Kuckenmeister, 619 F.3d 1010, 1024 (9th Cir. 2010)). In an interpleader action, the district court 25 | first decides whether the requirements of Rule 22 have been met, and then the court evaluates the 26 | defendants’ claims to the single fund. Mack, 619 F.3d at 1023-24 (quoting Rhoades v. Casey, 27 | 196 F.3d 592, 600 (Sth Cir. 1999)). In general, a district court may also award fees and costs to a 1 disinterested stakeholder. Gelfgren v. Republic National Life Ins. Co., 680 F.2d 79, 81 (9th Cir. 2 1982). 3 MetLife’s complaint names two claimants, Billy Vang and Amanda Thao. See Compl. 4 ¶¶ 2–3, 14–15, 22. A waiver of service was returned executed for Vang on November 17, 2022. 5 ECF No. 8. Vang filed an answer and jury demand the same day. ECF No. 7. A waiver of 6 service was returned executed for Thao on November 4, 2022. ECF No. 6. Thao has not filed an 7 answer or any other pleading. 8 Metlife now applies for leave to deposit funds into the court’s registry. See generally 9 Appl., ECF No. 9. Any oppositions or statements of non-opposition shall be filed no later than 10 January 27, 2023. Any reply shall be filed by February 10, 2023. The matter will then be 11 submitted without a hearing. MetLife shall serve a copy of this order on Defendant-in- 12 Interpleader Amanda Thao, who has not yet appeared. 13 IT IS SO ORDERED. 14 DATED: January 10, 2023.