Scottrade v. Davenport
1:11-cv-00003
D. Mont.Apr 21, 2011Background
- Scottrade filed an interpleader to determine ownership of James LeFeber's account; proceeds held in court registry.
- TOD Plan named five beneficiaries; Kristine Davenport is entitled to 16% under the TOD Plan.
- Davenport asserts a 2007 agreement gives her the entire account.
- Davenport moved to dismiss the 16% portion under Rule 12(b)(6) and to remit 16% promptly.
- Davenport moved for venue transfer to the Missoula Division under 28 U.S.C. §1404; motion timed after dismissal and denied by court.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the complaint states a plausible interpleader claim. | Scottrade contends interpleader supports the entire dispute over ownership. | Davenport argues only her 16% is at issue and seeks dismissal. | Interpleader claim plausibly stated; dismissal denied. |
| Whether venue should be transferred to Missoula. | Not expressly contested; transfer would be appropriate for convenience. | Motion filed after initial appearance; local rule bars late transfer. | Denied per local rule; no timely change of venue. |
Key Cases Cited
- Ashcroft v. Iqbal, 556 U.S. 662 (Supreme Court 2009) (pleading plausibility standard)
- Bell Atl. Corp. v. Twombly, 550 U.S. 544 (Supreme Court 2007) (plausible claim standard for pleadings)
- State Farm Fire & Cas. Co. v. Tashire, 386 U.S. 523 (Supreme Court 1967) (interpleader requiring minimal factual showing and deposition of funds)