American General Life Insurance Company v. Gaitan et al

Filing 22

DEFAULT JUDGMENT, entered by the Clerk, granting in part and denying in part 15 Plaintiff's MOTION for Default Judgment as to Memorial Funeral Home, Inc. Default judgment is ENTERED against Defendant Memorial Funeral H ome. However, Plaintiff's request for attorney' fees and costs is DENIED at this time, with Plaintiffs having leave to refile such request with the proper supporting materials. Signed by District Judge Thomas W Phillips on June 19, 2012. (mailed to Gale Waters, Memorial Funeral Home, Inc., 610 Washington Street, Maryville, Tennessee 37804 and to pro se parties) (AYB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE

AMERICAN GENERAL LIFE INSURANCE
COMPANY,
Plaintiff,
v.
MARIA DE JESUS GAITAN, DIANA L.
LYTLE, AUDREY LEE CORLEY, and
MEMORIAL FUNERAL HOME, INC.,
Defendants.

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No. 3:11-cv-519
(Phillips)

DEFAULT JUDGMENT

Before the Court is Plaintiff’s Motion for Default Judgment as to Memorial Funeral
Home, Inc. [Doc. 15.] Default was entered against Defendant Memorial Funeral Home on December
28, 2011. [Doc. 13.] Memorial Funeral Home having been properly served with all filings in this
case and having failed to plead or otherwise defend in this case, Plaintiff’s motion [Doc. 15] is
GRANTED IN PART and DENIED IN PART. Default judgment is ENTERED against Defendant
Memorial Funeral Home, whereby:
1.

Defendant Memorial Funeral Home is hereby permanently ENJOINED and
RESTRAINED from taking any action or commencing or continuing any
proceeding in a state or federal court against Plaintiff, in relation to the property,
instrument, or allegations involved in this Interpleader action; and

2.

Plaintiff is DISCHARGED from any and all liability to Defendant Memorial
Funeral Home, Inc. concerning the benefits from Decedent Loren Everett Joslin’s
California-Western States Ordinary Life-Executive Series Life Insurance Policy,

number C11005947, and American General Life Insurance Company of Delaware
Preferred Whole Life Insurance Policy, number B20025204T.
Plaintiff has not specified a sum certain regarding attorneys’ fees and costs in this case, and has not
filed an affidavit or other materials showing that the requested fees and costs are reasonable.
Accordingly, Plaintiff’s request for attorney’ fees and costs is DENIED at this time, with Plaintiffs
having leave to refile such request with the proper supporting materials.

IT IS SO ORDERED.
ENTER:

ENTERED AS A JUDGMENT
s/ Debra C. Poplin
CLERK OF COURT

s/ Thomas W. Phillips
United States District Judge