Metropolitan Life Insurance Company v. Woodyard et al
Filing
39
ORDER & DEFAULT JUDGMENT granting motion 18 for default jdgmt by D. Woodyard & Est of W. Woodyard; DEFAULT JUDGMENT ENTERED in favor of defts The Estate of Willard J. Woodyard & Danielle Woodyard & against deft Todd Woodyard as requested in the m otion 18 for default jdgmt; & directing cnsl for D. Woodyard & Est of W. Woodyard to file appropriate motion for w/drawal of funds interpled & deposited into the ct's registry forthwith w/ motion accopanied by prop order & to comply w/ LR of Ct in form & substance. (See order/jdgmt for complete details.) Signed by Chief Judge Christopher C. Conner on 3/8/17. (ki)
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
METROPOLITAN LIFE
INSURANCE COMPANY,
Plaintiff
v.
DANIELLE WOODYARD, et al.,
Defendants
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CIVIL ACTION NO. 1:16-CV-1601
(Chief Judge Conner)
ORDER & DEFAULT JUDGMENT
AND NOW, this 8th day of March, 2017, upon consideration of the motion
(Doc. 18) of defendants Danielle Woodyard and the Estate of Willard J. Woodyard
(“the Estate”) for default judgment against codefendant Todd Woodyard, and the
court observing that interpleader plaintiff Metropolitan Life Insurance Company
(“Metropolitan”) commenced the above-captioned action by filing a complaint for
interpleader (Doc. 1) on August 2, 2016, averring that Metropolitan cannot ascertain
from policy documents and beneficiary designation forms whether the decedent’s
group universal life policy benefits are payable to Danielle Woodyard or to Todd
Woodyard, (see id.), and it appearing that Danielle Woodyard and the Estate waived
service of the summons on August 5, 2016, and timely filed answers (Docs. 7-8) to
the complaint on August 23, 2016, and that Todd Woodyard likewise waived service
on October 11, 2016, rendering his answer due on December 12, 2016, (see Doc. 14),
but it further appearing that, as of the date of this order, Todd Woodyard has not
pled or otherwise defended himself in this litigation, see FED. R. CIV. P. 12, nor has
counsel entered an appearance on his behalf, and that, upon request (Doc. 26) of
Danielle Woodyard and the Estate, the Clerk of Court entered default (Doc. 28)
against Todd Woodyard on January 27, 2017, see FED. R. CIV. P. 55(a), and further
upon consideration of the court’s order (Doc. 33) dated February 3, 2017, wherein
the court ordered Todd Woodyard to show cause on or before February 15, 2017,
why the court should not grant the motion (Doc. 18) for default judgment filed by
Danielle Woodyard and the Estate, and it appearing that Todd Woodyard has failed
to respond thereto, and the court thus concluding that entry of default judgment
against Todd Woodyard and in favor of Danielle Woodyard and the Estate is
appropriate, see FED. R. CIV. P. 55(b), it is hereby ORDERED that:
1.
The motion (Doc. 18) for default judgment filed by Danielle Woodyard
and the Estate of Willard J. Woodyard is GRANTED.
2.
Default judgment is ENTERED in favor of Danielle Woodyard and
the Estate of Willard J. Woodyard and against Todd Woodyard as
requested in the motion (Doc. 18) for default judgment.
3.
Counsel for Danielle Woodyard and the Estate of Willard J. Woodyard
shall file an appropriate motion for withdrawal of the funds interpled
and deposited into the court’s registry forthwith. The motion shall be
accompanied by a proposed order and shall comply with the Local
Rules of Court in both form and substance. See LOCAL RULES OF
COURT 5.1(g) and 67.1(b)(4).
/S/ CHRISTOPHER C. CONNER
Christopher C. Conner, Chief Judge
United States District Court
Middle District of Pennsylvania
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