Universal Guaranty Life Insurance Company v. Gillim et al
ORDER granting 19 Motion for Default Judgment and Ordering that the sum deposited with the Court, $308,655.38, be paid to Defendant Linda G. Gillim. Clerk to Close case. Signed by Hon. Michael A. Telesca on December 15, 2011. (MES)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
UNIVERSAL GUARANTY LIFE INSURANCE COMPANY,
LINDA G. GILLIM, JONATHAN D. GILLIM,
ANNE M. HUNTOON, LISA G. GILLIM, AND
JOHN DOE, as personal representative
for the estate of Roy D. Gillim
(“Plaintiff”), filed the instant statutory interpleader action
against the Defendants, Linda G. Gillim, Jonathan D. Gillim, Anne
M. Huntoon, Lisa G. Gillim (collectively, the “Gillim Defendants”)
and John Doe, as personal representative for the estate of Roy D.
proceeds from a life insurance policy on the life of Roy D. Gillim.
(Compl. at ¶1). Defendant Linda G. Gillim is the decedent’s former
spouse to whom ownership of the policy was transferred on February
11, 1991, prior to their divorce. Defendants Jonathan D. Gillim,
Anne M. Huntoon and Lisa G. Gillim are the decedent’s and Defendant
Linda G. Gillim’s children.
Linda G. Gillim answered the Complaint on July 5, 2011,
stating that there were no competing claims, as she was the sole
owner and beneficiary of the policy as of February 18, 1991.
(Docket No. 4.) Jonathan D. Gillim, Anne M. Huntoon and Lisa G.
Gillim appeared through their attorney and each filed a “Consent to
Entry of Judgment” affidavit on July 12, 2011, waiving any interest
each may have had in the proceeds to the life insurance policy.
(Docket No. 5.)
On July 25, 2011, this Court issued an Order directing service
on Defendant John Doe by publication, and directing the Plaintiff
interest, with the Court. (Docket No. 9.) Plaintiff then deposited
publication. (Docket Nos. 11-13.)
requested an Entry of Default against Defendant John Doe, as no
party claiming any interest in the policy as a representative of
Roy D. Gillim’s estate had appeared in this action after service by
publication was complete and the time to file a claim had passed.
(Docket No. 16.) An Entry of Default was filed by the Clerk of the
Court on October 24, 2011.
The Gillim Defendants then filed the
instant Motion for Default Judgment against John Doe, requesting
transferred to Defendant Linda G. Gillim - as the only claimant to
No response was filed by the Plaintiff or the John Doe
defendant to the instant motion.
Pursuant to Rule 55 of the Federal Rules of Civil Procedure,
district courts may grant default judgment against a party for the
failure to plead or otherwise defend an action. See Enron Oil Corp.
v. Masonori Diakuhara, 10 F.3d 90, 95 (2d Cir. 1993). A party
moving for default judgment must first obtain an Entry of Default
from the Clerk of the Court pursuant to Fed. R. Civ. P. 55(a). If
the “plaintiff’s claim against a defendant is for a sum certain or
for a sum which can by computation be certain,” the moving party
can seek a default judgment from the Clerk of the Court. In all
other situations, the plaintiff must seek a default judgment from
the Court. See Fed. R. Civ. P. 55(b).
Having satisfied the
Requirements of Rule 55(a), the Gillim Defendants now seek a
Default Judgment pursuant to Rule 55(b) against John Doe.
Whereas, the Defendant, John Doe, as representative to the
estate of Roy D. Gillim, has not appeared in this action; and
Whereas, the parties have diligently attempted to locate any
such individual and have notified all persons known to have any
potential interest in the estate of Roy D. Gillim or the proceeds
of the life insurance policy at issue; and
Whereas, the Defendants, Jonathan D. Gillim, Anne M. Huntoon
Lisa G. Gillim have waived any and all claims to the proceeds
of the life insurance policy; and
Whereas, no other claimant or potential claimant has been
identified and neither the Plaintiff nor any Defendant has objected
to the payment of the funds now deposited with the Court to
Defendant Linda G. Gilliam, as the sole owner and beneficiary of
the life insurance policy issued by Plaintiff on the life of Roy D.
Gillim; it is hereby,
ORDERED, that the Gillim Defendants’ motion is granted in its
entirety and that judgment be entered against the unknown John Doe
defendant, identified only as the representative of the estate of
Roy D. Gillim; and it is
Defendant, Linda G. Gillim, the amount deposited with the Court by
the Plaintiff, $308,665.38; and it is
FURTHER ORDERED, that, the Court having determined that there
are no competing claims to the life insurance proceeds deposited
with the Court, this action is now hereby dismissed with prejudice.
ALL OF THE ABOVE IS SO ORDERED.
s/ Michael A. Telesca
MICHAEL A. TELESCA
United States District Judge
Rochester, New York
December 15, 2011
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