Goche v. Goche et al

Filing 16

ORDER granting 6 Motion for Default Judgment (Written Opinion). Signed by Senior Judge David S. Doty on 3/9/2012. (PJM)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Civil No. 11-2943(DSD/JJK)
Sara Goche, Individually and
as a Parent and Natural guardian
of Minors, A.G. and B.G.,
Plaintiff,
ORDER

v.
Kevin Goche, and Prudential
Insurance Company of America,
d/b/a Office of Servicemens’
Group Life Insurance,
Defendants.

Amy J. Doll, Esq., Warrenn C. Anderson, Esq. and Fluegal,
Anderson, McLaughlin & Brutlag, P.O. Box 527, Morris, MN
56267, counsel for plaintiff.
Paul M. Floyd, Esq. and Wallen-Friedman & Floyd, 527
Marquette Avenue, Suite 860, Minneapolis, MN 55402,
counsel for defendant Prudential Insurance Company.
This matter is before the court upon the motion for default
judgment by plaintiff Sara Goche against defendant Kevin Goche.
Based on a review of the file, record and proceedings herein, the
motion is granted.

BACKGROUND
This insurance-benefits dispute arises out of the death of
Jason Goche.

Sara Goche was decedent’s wife and the mother of

their two minor children.
the

Minnesota

National

Compl. ¶ 2.
Guard,

and

Jason Goche was a member of
the

holder

of

a

$400,000

Servicemembers’ Group Life Insurance(the Policy) with defendant

Prudential Insurance Company of America (Prudential). Id. ¶¶ 5–7.
On February 10, 2007, Jason Goche designated Sara Goche as the sole
principal beneficiary of the Policy, granting her a 100-percent
share of payments.

Id. ¶ 6, Ex. A.

In December 2010, after being

advised that he had terminal cancer, Jason Goche prepared his
estate plan with the assistance of an attorney from the Judge
Advocate General Corps.

Id. ¶¶ 8–10.

his Policy beneficiary designation.

Jason Goche did not change
Id. ¶ 10.

At some point

thereafter, his father, Kevin Goche, and brothers “tried to get him
to change his life insurance beneficiary” but “Jason Goche insisted
that he did not want his life insurance beneficiary changed and
told them to drop the issue.”

Id. ¶ 14.

On March 1, 2011, Jason Goche was hospitalized due to a broken
hip, and doctors determined that surgery was not an option.

Id. ¶

13. He received inpatient palliative care, including narcotics for
pain control.

Id. ¶ 15.

On March 3, 2011, “his brothers and/or

father gave him several papers to sign” including “a change of life
insurance beneficiary form.”

Id. ¶ 17.

“The form contained typed

information that could not have been entered by Jason Goche, as he
had no access to a computer; the beneficiary identities were
written in handwriting other than Jason Goche’s; and the address
listed for his wife (his home address) was written by someone other
than Jason and was inaccurate.”

Id. ¶ 18, Ex. F.

The form made

Kevin Goche a principal beneficiary entitled to 75 percent of the

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Policy payments.

At that time Kevin Goche had judgments entered

against him by creditors.

Id. ¶ 20.

When Sara Goche learned about

the alleged changes, she exercised her rights as Jason Goche’s
attorney in fact and executed a second change-of-beneficiary form
on March 10, 2011, removing Kevin Goche as a principal beneficiary,
and restoring her 100-percent share of the Policy payments.

Id. ¶

26.
Kevin Goche then asked the Minnesota National Guard to appoint
an attorney to help Jason Goche change his will.

Id. ¶ 32.

The

Minnesota National Guard appointed attorney Antonio Tejada.

Id.

On March 11, 2011, Tejada met with Jason Goche, and he told Tejada
“that he did not want to change his will, that he trusted his wife,
Sara, and that he wanted Sara to receive everything.”

Id. ¶ 34.

He also told an attorney appointed by the state court that “he did
not object to the appointment of Sara Goche as his guardian and
conservator.”

Id. ¶ 35.

Jason Goche died on March 16, 2011.

Thereafter, Sara Goche and Kevin Goche both asserted claims to
Policy benefits.
benefits.

Faced with conflicting claims, Prudential denied

In October 2011, Sara Goche began this action, seeking

a declaration that she is entitled to payment of all Policy
benefits.

A deputy Redwood County Sheriff personally served the

summons and complaint on Kevin Goche.
did not answer or defend the complaint.

ECF No. 2-2.

Doll Aff. ¶¶ 4–5.

Goche moved for entry of default judgment.

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Kevin Goche
Sara

On March 9, 2012, the

court

heard

argument.

Sara

Goche

and

defendant

Prudential

Insurance Company of America (Prudential) appeared through counsel;
Kevin Goche did not appear.

DISCUSSION
Entry of default judgment is proper when a party against whom
a judgment for relief is sought fails to plead or otherwise defend.
Fed. R. Civ. P. 55.

Upon default, all factual assertions in the

complaint are taken as true and may not later be contested.
Marshall v. Baggett, 616 F.3d 849, 852 (8th Cir. 2010) (citation
omitted).

In the present case, Kevin Goche failed to respond to

the complaint. As a result, default judgment is warranted, and all
facts contained in the complaint are now deemed admitted as true.
The

well-pleaded

facts

show

that

the

February

2007

Policy

beneficiary designation signed by Jason Goche and the March 10,
2010 Policy beneficiary designation executed by Sara Goche are
valid.

Therefore, Kevin Goche has no legal interest to any

proceeds from the Policy.

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CONCLUSION
Accordingly, IT IS HEREBY ORDERED that the motion for default
judgment [ECF 6] is granted.
Dated:

March 9, 2012
s/David S. Doty
David S. Doty, Judge
United States District Court

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