Protective Life Insurance Company et al v. Flicek et al
ORDER Granting 27 Motion for Default Judgment. FURTHER ORDERED that the clerk of court enter judgment accordingly. See Order for details/deadlines. Signed by Judge Andrew P. Gordon on 11/19/2021. (Copies have been distributed pursuant to the NEF - MR)
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
PROTECTIVE LIFE INSURANCE
COMPANY and MONY LIFE INSURANCE
Case No.: 2:21-cv-00835-APG-VCF
ORDER GRANTING MOTION FOR
[ECF No. 27]
DAVID FLICEK and the ESTATE OF
ALTHAEA FLICEK, through its Personal
Representative Heather Funk,
Interpleader Plaintiffs Protective Life Insurance Company and MONY Life Insurance
Company move for default judgment against Interpleader Defendant the Estate of Althaea
Flicek. ECF No. 27. Default has been entered against the estate. ECF No. 25. The motion
satisfies the factors set forth in Eitel v. McCool, 782 F.2d 1470, 1471-72 (9th Cir. 1986). I thus
find good cause to grant the motion.
I HEREBY ORDER that the motion for default judgment (ECF No. 27) is granted. The
clerk of the court is directed to enter judgment in favor of Protective Life Insurance Company
and MONY Life Insurance Company (collectively, the Interpleader Plaintiffs) and against the
Estate of Althaea Flicek as follows:
1. The Interpleader Plaintiffs are ordered to deposit into the court’s Registry the subject
Policy proceeds and applicable interest by December 3, 2021.
2. Upon deposit of the Policy proceeds, the Interpleader Plaintiffs are discharged of all
liability with respect to the subject Policy.
3. The Interpleader Defendants in this case, and anyone acting directly or indirectly on
their behalf, are enjoined from instituting or maintaining any action against the
Interpleader Plaintiffs relative to the subject Policy proceeds.
4. The Interpleader Plaintiffs are dismissed from this action with prejudice.
I FURTHER ORDER the clerk of the court to enter judgment accordingly because there
6 is no just reason to delay entry of judgment in favor of the Interpleader Plaintiffs and against the
7 defendant estate. Fed. R. Civ. P. 54(b).
I FURTHER ORDER that, by December 17, 2021, defendant David Flicek will file an
9 appropriate motion to distribute the Policy proceeds and explain what, if anything else, needs to
10 be done to resolve this case. The failure to do so may result in dismissal of this case.
DATED this 19th day of November, 2021.
ANDREW P. GORDON
UNITED STATES DISTRICT JUDGE
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