Benton v. Wombles et al
Filing
27
ORDER AND JUDGMENT granting 25 Motion for Default Judgment. Judgment is entered against Wombles and in favor of plaintiffs. Plaintiffs are therefore entitled to the life insurance benefits at issue as the proper beneficiaries. The Clerk of the Cour t is hereby directed to disburse to Elton A. Rieves, III, as the attorney for plaintiffs, the amount of $32,000, plus accumulated interest, less the applicable registry fee. Mr. Rieves will then distribute the funds to plaintiffs in equal shares. Upon disbursal of the funds, there being no remaining issue in controversy, this case shall be terminated. Signed by Judge Brian S. Miller on 7/13/11.(hph)
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
BATESVILLE DIVISION
TERESA BENTON, Individually, and
TERESA BENTON, GUARDIAN OF THE
PERSON AND ESTATE OF N.E.D.W., an
Incapacitated Person
v.
PLAINTIFF
CASE NO. 1:11cv00014 BSM
NATHERN WOMBLES; WHITE RIVER
HEALTH SYSTEM; and RELIASTAR
LIFE INSURANCE COMPANY
DEFENDANT
ORDER AND JUDGMENT
Plaintiffs Teresa Benton, individually, and Teresa Benton, guardian of the person and
estate of N.E.D.W., an incapacitated person, move for default judgment against separate
defendant Nathern Wombles (“Wombles”). [Doc. No. 25]. For good cause shown, the motion
is granted.
Plaintiffs filed the complaint in the Circuit Court of Stone County, Arkansas on
February 1, 2011. The case was removed to federal court on February 23, 2011, and
Wombles was served on March 6, 2011. As of this date Wombles has failed to file answer
or otherwise respond to the complaint. A clerk’s entry of default was entered on May 5,
2011.
The procedural history set forth above supports the entry of default judgment against
Wombles. Judgment is entered against Wombles and in favor of plaintiffs. Plaintiffs are
therefore entitled to the life insurance benefits at issue as the proper beneficiaries.
On July 1, 2011, ReliaStar Life Insurance Company’s (“ReliaStar”) motion to
interplead funds was granted and ReliaStar was directed to deposit the benefits into the
registry of the court. Reliastar was then dismissed from the case. The Clerk of the Court is
hereby directed to disburse to Elton A. Rieves, III, as the attorney for plaintiffs, the amount
of $32,000, plus accumulated interest, less the applicable registry fee. Mr. Rieves will then
distribute the funds to plaintiffs in equal shares. Upon disbursal of the funds, there being no
remaining issue in controversy, this case shall be terminated.
IT IS SO ORDERED this 13th day of July, 2011.
________________________________
UNITED STATES DISTRICT JUDGE
2
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