Minnesota Life Insurance Company v. Hackman et al

Filing 51

ORDER granting 46 MOTION for Default Judgment filed by C.S., Bruce Hackman, Brock J Hackman and 50 Amended MOTION for Disbursement of Funds in Interpleader filed by C.S., Bruce Hackman, Brock J Hackman. JUDGMENT is entered in favor of C.S., Brock J Hackman and Bruce Hackman and against Angel Bell, Bradley Bell and S.S. Signed by Chief Judge David R. Herndon on 5/20/2013. (slj)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
MINNESOTA LIFE INSURANCE COMPANY,
Plaintiff,
v.
BRUCE HACKMAN, individually
and as Parent of K. S., a minor,
BROCK J. HACKMAN, C.S., a minor,
ANGEL BELL, BRADLEY BELL, and
S. S., a minor.
Defendants.

No. 12-cv-696-DRH-DGW
JUDGMENT & MEMORANDUM & ORDER

HERNDON, Chief Judge:
I.

INTRODUCTION

Pending before the Court are defendants’ Bruce Hackman, individually and
as parent of K.S., a minor, Brock J. Hackman, and C.S., a minor (“appearing
defendants”), amended request for disbursement of funds in interpleader (Doc.
50) and motion for default judgment against defendants Angel Bell, Bradley Bell,
and S.S., a minor (“non-appearing defendants”), pursuant to FEDERAL RULE

OF

CIVIL PROCEDURE 55 (Doc. 46). For the following reasons, both motions are
GRANTED.
II.

PROCEDURAL HISTORY AND FACTUAL FINDINGS

1. Jurisdiction and venue are proper in this Court.
2. On June 13, 2012, plaintiff Minnesota Life Insurance Company (MLIC)
filed this interpleader action (Doc. 4). This action arises from beneficiary
claims in connection with certificates of insurance MLIC issued to the
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now deceased Sharon Smith. Jerry Smith, deceased insured’s spouse,
was listed as beneficiary, with no contingent beneficiaries. The amended
complaint alleges that on September 11, 2011, Jerry Smith killed
Sharon Smith and then killed himself.
3. The appearing defendants, Bruce Hackman, the adoptive father of K.S.,
Brock J. Hackman, and C.S., are the surviving sons of Sharon Smith.
K.S. is the surviving daughter of Sharon and Jerry Smith.
4. The non-appearing defendants, Angel Bell, Bradley Bell, and S.S. are
Jerry Smith’s surviving son and daughters.
5. MLIC received claims for benefits under Policy Nos. 33825 and 33826
from the appearing defendants, K.S., Brock J. Hackman, Bruce
Hackman, and C.S. Thus, MLIC brought this action to protect itself from
dual liability and receive an Order of this Court declaring and adjudging
the proper beneficiary under the policy.
6. On June 30, 2012, MLIC sent Angel Bell a request for waiver of the
service of summons (Doc. 29). Also on June 30, 2012, MLIC sent S.S., a
minor, by and through her mother, Ginger D. Christian, a waiver
request (Doc. 31). On July 20, 2012, MLIC sent Bradley Bell a waiver
request (Doc. 30). All three waiver forms were returned executed (Docs.
29, 30, and 31).
7. As the initial complaint did not adequately allege diversity of citizenship,
MLIC filed an amended complaint on July 20, 2012 (Doc. 8).
8. The appearing defendants timely answered the amended allegations
(Docs. 11, 12).
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9. To date, the non-appearing defendants have not answered or otherwise
responded to this action.
10.

On February 4, 2013, MLIC moved to deposit funds and for

dismissal with prejudice (Doc. 27). Counsel for the appearing
defendants and MLIC agreed that the amount at issue, including interest
as of February 15, 2013, was $518,835.23. The Court granted MLIC’s
motion and allowed it to deposit the amount of $518,835.23 with the
Clerk of the Court. The Court dismissed MLIC with prejudice (Doc. 36).
11.

On March 19, 2013, the appearing defendants moved for and

received an entry of default against the non-appearing defendants,
pursuant to FEDERAL RULE

OF

CIVIL PROCEDURE 55(a) (Doc. 44). The

appearing defendants sent notice of the entry of default to the nonappearing defendants at their last known addresses (Doc. 45). See
SDIL-LR 55.1(a).
12.

As to the appearing defendants’ instant motion for default judgment,

they represent that a copy of the motion has been sent to the last known
addresses of Angel Bell, Bradley Bell, and S.S. (Docs. 46, 48, and 49).
See SDIL-LR 55.1(b).
13.

The appearing defendants have no knowledge of any attorneys

thought to represent the non-appearing defendants. Specifically as to
S.S., counsel for the appearing defendants states he has personally
spoken with S.S.’s mother and step-father and was informed that no
attorney has been retained to represent S.S. in this action (Doc. 49).

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III.

LAW AND APPLICATION

The appearing defendants seek default judgment against the non-appearing
defendants (Docs. 46, 48, and 49). The appearing defendants request the Court
adjudge that they are entitled, to the exclusion of the non-appearing defendants, to
the $518,835.23 currently held by the Court. FEDERAL RULE

OF

CIVIL PROCEDURE

55 authorizes a party to seek a default judgment. Under this rule, the Court may
enter a judgment by default when the non-moving party has “failed to plead or
otherwise defend” itself. Fed. R. Civ. P. 55(a). On the basis of the above findings
and under the circumstances of this case, the Court feels default judgment
entered against the non-appearing defendants, Angel Bell, Bradley Bell and S.S.,
is warranted. 1 The appearing defendants’ motion for default judgment is
GRANTED (Doc. 46).
The appearing defendants also request disbursement of funds in
interpleader (Doc. 50). The appearing defendants state the non-appearing
defendants, the surviving children of Jerry Smith who are not related to Sharon
Smith, are not entitled to any portion of the money from the policies, pursuant to
755 ILCS 5/2-6, commonly referred to as the slayer statute. As demonstrated
above, the non-appearing defendants have not asserted any claim on these funds
nor filed a pleading of any kind in this action. On this basis, the appearing
defendants’ amended request for disbursement of funds in interpleader is
GRANTED (Doc. 50).

Specifically as to S.S., the Court is persuaded by the appearing defendants’ brief in support of
their motion for default judgment (Doc. 48) and finds S.S.’s interests have been adequately
protected to allow default judgment to be entered against her.
1

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IV.

CONCLUSION

On the basis of the appearing defendants’ assertions as stated in their
motions, brief, and affidavit (Docs. 46, 48, 49, and 50), and a careful review of the
record, the appearing defendants’ motion for default judgment (Doc. 46) and their
amended request for disbursement of funds in interpleader (Doc. 50) are
GRANTED.
IT IS ORDERED AND ADJUDGED that judgment is entered in favor of
defendants Bruce Hackman, individually and as parent of K.S., a minor, Brock J.
Hackman, and C.S., a minor, and against defendants Angel Bell, Bradley Bell, and
S.S. Plaintiff MLIC has been previously dismissed from this action with prejudice,
pursuant to this Court’s Order dated February 8, 2013 (Doc. 36).
Defendants Bruce Hackman, individually and as parent of K.S., a minor,
Brock J. Hackman, and C.S., a minor, are entitled to the $518,835.23 deposited
with the Court, plus any interest accruing thereon, in equal shares, pursuant to
Policy Nos. 33825 and 33826 (See Doc. 8-1; Doc. 50-1). The Clerk is DIRECTED
to disburse these funds to defendants Bruce Hackman, individually and as parent
of K.S., a minor, Brock J. Hackman, and C.S., a minor, with the check made
payable to their attorneys, Taylor Law Offices, P.C., for equal distribution.
Defendants Angel Bell, Bradley Bell, and S.S., a minor, shall take nothing from
this action. The Clerk is instructed to close the file.
IT IS SO ORDERED.
Signed this 20th day of May, 2013.

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Digitally signed by
David R. Herndon
Date: 2013.05.20
11:52:21 -05'00'

Chief Judge
United States District Court