John Hancock Mutual Life Insurance Company v. Lair et al

Filing 33

ORDER granting 32 Defendants and Cross-Claimants, James Russell Lair and Betty Jane Gatewood, as the Co-Personal Representatives of the Estate of Karen Sue Stigleman and as the Special, Limited Co-Guardians of the Property of Chelsea Morgen Stigleman's Motion for Default Judgment against the Defendant, Aaron Mitchell Stigleman (as more fully set out). Signed by Honorable Vicki Miles-LaGrange on 11/21/2016. (ks)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF OKLAHOMA
JOHN HANCOCK LIFE
INSURANCE COMPANY, (USA),
Plaintiff,
v.
JAMES RUSSELL LAIR, and
BETTY JANE GATEWOOD,
as Co-Personal Representatives of the
Estate of Karen Sue Stigleman, and as
guardians of the property of Chelsea
Morgan Stigleman,
AARON MICHAEL (sic) STIGLEMAN,
and
CHELSEA MORGEN STIGLEMAN,
Defendants.

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Case No. CIV-16-409-M

ORDER
On August 30, 2016, defendant Aaron M. Stigleman (“Stigleman”) was served with the
cross-claim.1 See Return of Service [docket no. 26]. The time for Stigleman to answer or
otherwise plead or move expired September 21, 2016. See Fed. R. Civ. P. 12(a)(1)(A). Stigleman
has filed no entry of appearance, answer, request for extension of time, or any other motion. On
September 29, 2016, Cross-Claimants filed their Application for Entry of Certificate of Default
by the Clerk [docket no. 27].
Based on the above, the Court finds Stigleman is in default. If a court determines that a
defendant is in default, the factual allegations of the complaint, except those relating to the
amount of damages, will be taken as true. 10A Charles Alan Wright, Arthur R. Miller & Mary

1

On April 1, 2016, defendants and cross claimants James Russell Lair and Betty Jane
Gatewood (“Cross-Claimants”) filed a cross-claim against defendant Aaron M. Stigleman. See
[docket no. 15].

Kay Kane, Federal Practice and Procedure § 2688, at 58-59 (3d ed. 1998). The Court, taking the
factual allegations of Cross-Claimants’ claim as true, finds that Cross-Claimants are entitled to
judgment on their claim.
Cross-Claimants allege that, pursuant to the Oklahoma Slayer Statute, Okla. Stat. tit. 84,
§ 231, because Stigleman was convicted of murder in the second degree of his mother, decedent
Karen Sue Stigleman (“Decedent”), he is unable to inherit under the Oklahoma intestate
succession statute from her estate. As such, the Court finds that any and all interest in the
Annuity, which is the subject of this suit, to which Stigleman may have been entitled under the
Oklahoma intestate succession statute, is now required to be distributed to Cross-Claimants in
their capacity as the Co-Guardians of defendant Chelsea Morgen Stigleman, a partially
incapacitated person, pursuant to Okla. Stat. tit. 84, § 231, and as set out in the cross-claim.
Accordingly, the Court GRANTS Cross-Claimants’ Motion for Default Judgment [docket
no. 32], ORDERS that default judgment be entered against Stigleman forthwith, and ASSESS
attorney fees in the amount of $4,100.50 and costs incurred of $109.67 against Stigleman and in
favor of Cross-Claimants.
IT IS SO ORDERED this 21st day of November, 2016.