Thrivent Financial For Lutherans v. Moomaw as Co-Trustee of the Donald D. Ruff Irrevocable Trust No. 1 Dated December 1, 1997 et al

Filing 35

ORDER granting 34 Motion to Discharge; granting 34 Motion for Default Judgment. See order for details. Signed by Judge David R. Herndon on 2/9/17. (lmp)

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

THRIVENT FINANCIAL FOR LUTHERANS,
Plaintiff,
vs.
JANICE K. MOOMAW and LISA J.
KENNELL, as Co-Trustees of the Donald
D. Ruff Irrevocable Trust No. 1 Dated
December 1, 1997;
JANICE K. MOOMAW and LISA J.
KENNELL, as Co-Trustees of the Donald
D. Ruff Irrevocable Trust No. 1 Dated
December 3, 1997; and

No. 16-cv-01176-DRH-DGW

JANICE K. MOOMAW and LISA J.
KENNELL, as Co-Trustees of the Donald
D. Ruff Irrevocable Trust No. 1 Dated
January 4, 2001,
Defendants.

ORDER & DEFAULT JUDGMENT

HERNDON, District Judge:
Pending before the Court is plaintiff Thrivent Financial for Lutherans’
renewed motion to discharge plaintiff and for default judgment as to nonanswering trusts (Doc. 34). With due notice having been given, the Court having

been fully advised, and a Clerk’s Order of Default having previously been entered
against defendants, the Court GRANTS the motion to discharge plaintiff and for
default judgment as to non-answering trusts.

Therefore, it is ORDERED, ADJUDGED, and DECREED that:
1.

Defendants and their heirs, assigns, and beneficiaries are restrained
and enjoined from instituting or prosecuting any action, claim, or
proceeding against Plaintiff for the proceeds of Contract Number
3184544, issued on the life of Donald D. Ruff (“the Contract”);

2.

Plaintiff is released and discharged from any and all liability to the
Defendants and their heirs, assigns, and beneficiaries relating in any
way to the Contract;

3.

Defendants Janice K. Moomaw and Lisa J. Kennell, as Co-Trustees of
the Donald D. Ruff Irrevocable Trust No. 1 Dated December 3, 1997
are directed to litigate their claims for the Contract proceeds in this
action.

Accordingly, pursuant to FEDERAL RULE OF CIVIL PROCEDURE 55(b), the Court
GRANTS plaintiff’s Renewed Motion for Discharge and for Default Judgment as to
Non-Answering Trusts (Doc. 34).
The Clerk is DIRECTED to enter default judgment against Defendants
Janice K. Moomaw and Lisa J. Kennell, as Co-Trustees of the Donald D. Ruff
Irrevocable Trust No. 1 Dated December 1, 1997, and Defendants Janice K.

2

Moomaw and Lisa J. Kennell, as Co-Trustees of the Donald D. Ruff Irrevocable
Trust No. 1 Dated January 4, 2001, for failing to plead or otherwise defend.
IT IS SO ORDERED.
Signed this 9th day of February, 2017.

Digitally signed by
Judge David R.
Herndon
Date: 2017.02.09
15:39:49 -06'00'
United States District Judge

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