Aluisi

MEMORANDUM OPINION AND ORDER DENYING WITHOUT PREJUDICE PLAINTIFFS’ MOTION TO BE DISMISSED FROM THE IN-TERPLEADER ACTION AND FOR ATTORNEY FEES AND COSTS

In this action in interpleader, plaintiffs Donald G. Aluisi and Donald Aluisi (“Plain tiffs”) deposited a sum of money with the court to satisfy a judgment against them by defendants Ronald and Fran Kolkka (collectively “Kolkka”) and interpled other claimants to that money. Plaintiffs now move for discharge from the interpleader action and for award of attorney fees and costs. The funds deposited by Plaintiffs represent the major cash asset of the bankruptcy estate of Kolkka. Defendants United States and the law firm of George-son and Bellardinelli (“GB”) assert priority and super-priority claims, respectively, over the interpleader funds. None of the co-defendants have objected to Plaintiffs’ dismissal from this interpleader action. All named defendants have objected to the award of attorney fees to Plaintiffs. For the reasons that follow, the court will deny both Plaintiffs’ motion to dismiss them and the requested award of attorney fees and costs without prejudice.

FACTUAL SUMMARY AND PROCEDURAL HISTORY

Plaintiffs are…