United States District Court, M.D. Louisiana
D. DICK JUDGE
matter is before the Court on the Motion to Deposit
Interpleader Fundsby National Liability & Fire
Insurance Company ("National"). National's
initial filing in the case at bar was a
Complaint-in-interpleader pursuant to Federal Rule of
Civil Procedure 22 ("Rule 22"). National is the
insurer of Morgan Transportation, LLC, ("Morgan"),
and Morgan's employee, Roderick Hughes
("Hughes"). Hughes was driving a school bus in St.
Helena Parish, Louisiana on February 13, 2017 when a pickup
driven by William Carpenter ("Carpenter")
unsuccessfully attempted to pass the bus, resulting in a
collision. Defendants Daina Caston
("Caston"), the natural tutrix for KC;
and India Magee ("Magee"), the natural tutrix for
TC, ask the Court to dismiss the complaint-in-interpleader in
their Answer. Caston and Magee filed a Notice of
Related Proceedingto "notify the Court of the
following related or collateral proceeding that involves
subject matter that either comprises all or a material part
of the subject matter or operative facts of this civil
their Notice of Related Proceedings, Caston and Magee state:
In the referenced proceeding, defendants herein assert bodily
injury liability claims against the two drivers involved in
the automobile accident (and their liability insurers) which
forms the basis of this interpleader action. This
interpleader action involves UM [underinsured motorist]
benefits owed for the underinsured fault of one of those
and Magee further argue that the interpleader action should
be denied because the "[National] policy of insurance
provides UM coverage of $1, 000, 000 by operation of law
since the filings associated with the
Complaint-in-intervention does not contain a valid UM form
prescribed by the Commissioner of Insurance whereby the named
insured selected the lower alleged UM limit of
$100.00Q." It is unclear based upon the record before
the Court whether the UM benefits owed by National constitute
the only, single fund owed in the action in the 21st Judicial
District Court by National. Without a determination regarding
National's liability, the Court cannot determine if there
is a "single fund" - a prerequisite for Rule 22
interpleader as outlined by the Fifth Circuit in Auto Parts
Manufacturing v. King Construction of Houston
National is hereby ordered, to brief this issue and advise
the Court within fourteen (14) days, a notice to this Court
of any judicial determination of its liability in the case
pending in the 21st Judicial District Court, Parish of St.
Helena, State of Louisiana, Docket Number 23, 424-Div. A.,
Daina Caston as Natural Tutrix for the Minor KC and of
Emmanuel Cyprian and India Magee as Natural Tutors for the
Minor TC v. Roderick Hughes, Morgan Transportation, LLC,
Natural Liability & Fire Insurance Company, William
Carpenter, and GEICO Indemnity Company.
IS SO ORDERED.
Rec. Doc. 2.
 Rec. Doc. 1.
 Rec. Doc. 1, p. 5.
 Rec. Doc. 39, p 4.