United of Omaha Life Insurance Company v. Seay et al

Filing 40

ORDER granting 39 Motion for Default Judgment; granting 39 Motion for Disbursement of Funds. The Clerk of Court is directed to enter judgment in favor of Defendant Jonathan Seay and further ordered to disburse to Jonathan Seay the amount of $219,254.79 plus any accrued interest from the Registry of the Court. This case stands closed. Signed by Judge Dudley H. Bowen on 3/25/2019. (pts)

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IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA

DUBLIN DIVISION

'-'■2 AuGijo I COURT
,DISTRICT :;v
20I9HAR25 PH 3: £+9
clerk£

UNITED OF OMAHA LIFE

INSURANCE COMPANY,

Plaintiff,
CV

V.

JONATHAN SEAY,

Individually and

318-010

*

As Administrator of the Estate

*

Of Lewis E. Seay, Jr., DAVID
A. SEAY, SARAH LOU SEAY, and
JAEL M. CONNOR,

*
*
*
Vr

Defendants.

*

ORDER

On February 6, 2018, Plaintiff United of Omaha Life Insurance

Company ("United") brought this interpleader action related to an
accidental death insurance policy covering the life of Lewis E.

Seay,

Jr.

in the amount of $200,000.

Defendant Jonathan Seay,

Lewis Seay's brother, is the beneficiary of the Policy.
On June 1, 2016, Lewis Seay was murdered.

Because there was

some suspicion of Jonathan Seay in the death of his brother, United
did

not

immediately

pay

the

death

benefits.

Rather,

United

eventually paid the $200,000 policy benefit into the registry of
this

Court

on March

12,

2018.

Because

they are

heirs

at

law.

United named Jonathan Seay and his other siblings (David A. Seay,
Sarah Lou White, and Jael M. Connor) as defendants in the case.
Defendants David A. Seay, Sarah Lou White, and Jael M. Connor

were served with process but have failed to appear, plead or
otherwise defendant the action.

Defendant Jonathan Seay answered

the interpleader

March

complaint on

15, 2018, and

has fully

litigated the case.

On February 21, 2019, upon joint motion from United and
Defendant Jonathan Seay, the Court ordered that United pay into

the Registry of the Court the sum of $19,254.79, representing
interest under the policy.

(Doc. No. 35, at 1.)

The Court also

discharged United from any further liability under or related to
the accidental death policy and the death benefits thereunder.
(Id. at 2.)

United was dismissed from the action, and Jonathan

Seay's counterclaims against United were dismissed with prejudice.
(Id. at 3.)

On March 15, 2019, the Clerk of Court entered default against

David A. Seay, Sarah Lou White, and Jael M. Connor.

On March 21,

2019, Defendant Jonathan Seay filed the instant motion for default

judgment, seeking the money on deposit in the registry of the
Court.

2

Defendant's default does not in itself warrant the court in

entering a default judgment.

There must be a sufficient basis in

the pleadings for a judgment entered . . . . The defendant is not
held

to

admit

facts

that

are

not

well-pleaded

or

to

admit

conclusions of law." Nishimatsu Constr. Co. v. Houston Nat'l Bank,

515 F.2d 1200, 1206 (5th Cir. 1975).

A defendant, by his default,

is only deemed to have admitted the ^^plaintiff's well-pleaded
allegations of fact."

Id.

'MT]hree distinct matters [are]

essential in considering any default judgment: (1) jurisdiction;
(2) liability; and (3) damages."

Pitts ex rel. Pitts v. Senecar

Sports, Inc., 321 F. Supp. 2d 1353, 1356 (S.D. Ga. 2004).
1.

Jurisdiction

The parties in this case are diverse:

United is a Nebraska

corporation with its principal place of business in Nebraska.
(Compl., Doc. No. 1, 11 1.) Defendants are all citizens of Georgia.
(Id. nil 2, 4-6.)

The amount in controversy exceeds $75,000.

The

Court therefore has subject matter jurisdiction over this case.
Moreover,

his

Court

has

personal jurisdiction

over

Defendant

Jonathan Seay because he resides in the State of Georgia.

2.

Liability

As the disinterested stakeholder. United paid $200,000 into

the Registry of the Court because of the death of Lewis E. Seay,
Jr.

It is undisputed that Jonathan Seay is the sole beneficiary

of the accidental death insurance policy.

(Compl. SI 10.)

It is

also undisputed that Jonathan Seay filed a timely request for

payment under the policy.

(Id. SI 14.)

There is no evidence that

any other person has made a claim to the benefits under the policy
or to the money in the Registry of the Court.

The other named

defendants have not appeared to dispute Jonathan Seay's right to

the policy benefits.^

Therefore, Defendant Jonathan Seay has

established that he is entitled to the policy benefits.
3.

Damages

No evidentiary hearing on damages is required
essential evidence is already of record.
F.3d 1225, 1232 n.l3 (11^^ Cir. 2005).

where all

S.E.C. v. Smyth, 420

Here, United's interpleader

claim against Defendants was for a sum certain, i.e., the policy

^ In fact, the record contains a purported Release of Liability,
allegedly signed by David A. Seay, Sarah Lou White, and Jael M.
Connor, in which they disclaim any right to assert a claim to the
policy benefits.
4

benefits and interest thereon.

Accordingly, default judgment in

this amount is proper.
Conclusion

Upon the foregoing. Defendant's motion for default judgment
(doc. no. 39) is GRANTED.

The Clerk of Court is directed to ENTER

JUDGMENT in favor of Defendant Jonathan

$219,254.79.

Seay in the amount of

IT IS FURTHER ORDERED that the Clerk disburse to

Jonathan Seay the amount of $219,254.79 plus any accrued interest
from the Registry of the Court.

The Clerk is further directed to

CLOSE this case.

ORDER ENTERED at Augusta, Georgia, this 25^"^ day of March,
2019.

UNITED/STATES DISTRIGiT JUDGE