Combined Insurance Company of America v. Glass et al
FINAL JUDGMENT by Clerk in favor of Jennifer Glass against Alan Gerbitz re: 40 Order, on 3/4/15. (morti, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14–cv–01458–KMT
COMBINED INSURANCE COMPANY OF AMERICA, an Illinois corporation,
JENNIFER GLASS, an individual,
ALAN GERBITZ AS PERSONAL REPRESENTATIVE OF THE ESTATE OF RICHARD
Pursuant to and in accordance with Fed. R. Civ. P. 55(b) and 58(a); and the
Order [Docket No. 40] of Magistrate Judge Kathleen M. Tafoya entered on March 3,
2015, the following Final and Default Judgment is hereby entered.
IT IS ORDERED that (Interpleader) Defendant and Cross-Claim Plaintiff Jennifer
Glass’s “Motion for Entry of Default Judgment against Defendant Alan Gerbitz” (Doc.
No. 19) and “Motion to Strike Defendant Gerbitz’s Answer to Complaint in Interpleader
and Cross-Claim against Defendant Glass” (Doc. No. 29) and Plaintiff Combined
Insurance Company of America’s Motion to Dismiss Interpleader Plaintiff (Doc. No. 17)
and Motion for Attorneys’ Fees and Costs (Doc. No. 18) are GRANTED. Accordingly, it
ORDERED that Defendant and Cross-Claim Defendant Alan Gerbitz’s Answer to
Complaint in Interpleader and Cross-Claim against Defendant Glass (Doc. No. 28) is
STRICKEN. It is further
ORDERED that Default Judgment is hereby entered in favor of (Interpleader)
Defendant and Cross-Claim Plaintiff Jennifer Glass and against Defendant and CrossClaim Defendant Alan Gerbitz, declaring that Alan Gerbitz, as personal representative
of the estate of Richard E. Gerbitz, has defaulted in this interpleader action and has
thereby waived any entitlement to payment of the proceeds of the benefits of the
Accident Only Life Insurance Policy payable as the result of the death of Richard E.
Gerbitz. It is further
ORDERED that the death benefits shall be payable solely to Jennifer Glass and
that Alan Gerbitz is enjoined from instituting any action against Combined Insurance
Company of America for payment of the life insurance benefits that are being paid to
Ms. Glass. It is further
ORDERED that Combined Insurance Company of America is granted the sum of
$5,546.20 as costs and attorney’s fees in this civil action with the remainder of the sum
on deposit to be paid to Jennifer Glass. It is further
ORDERED that the Clerk of Court shall distribute the funds in the registry in
accordance with Order . It is further
ORDERED that post-judgment interest shall accrue on the amounts awarded in
this matter at the legal rate of 0.22% per annum from the date of entry of judgment.
Dated at Denver, Colorado this 4th day of March, 2015.
FOR THE COURT:
JEFFREY P. COLWELL, CLERK
M. Ortiz, Deputy Clerk
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