IA American Life Insurance Company v. Ofoma, Sylvanus et al

Filing 29

ORDER granting 16 Motion for Default Judgment. The clerk shall enter judgment in favor of Sylvanus Ofoma in the amount of $74,735.44, plus any interest that has accrued. Each party will be responsible for its own attorney fees, costs, and expenses. The 11/28/2023 default hearing is canceled. Signed by District Judge James D. Peterson on 11/13/2023. (voc)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN

IA AMERICAN LIFE INSURANCE COMPANY,

v.

Plaintiff,

ORDER
23-cv-306-jdp

SYLVANUS OFOMA,
v.

Defendant/Cross-Claimant,

RITA OFOMA, by her Power of Attorney,
Adaobi Ofoma,
Defendant/Cross-claim Defendant.
This is an interpleader action concerning a putative dispute between Sylvanus and Rita
Ofoma over the proceeds of a life insurance policy issued to Gabriel Ofoma, who died on
October 12, 2019. The court previously granted IA American’s motion to deposit the disputed
funds with the court and to dismiss it from this action. Dkt. 24 and Dkt. 26. Sylvanus Ofoma
moved for default judgment on his cross-claim against Rita, seeking a declaration that he is the
rightful beneficiary of the insurance proceeds and an order that the funds be disbursed to his
lawyer’s trust account. Dkt. 16. There is no dispute that Sylvanus is the named beneficiary on
the policy. See Dkt. 1, ¶¶ 9–10.
After receiving notice of the default motion, Rita Ofoma appeared by her Power of
Attorney, Adaobi Ofoma. Acting on Rita’s behalf, Adaobi Ofoma asserts that Rita does not
contest disbursement of the funds to Sylvanus, but she opposes having to pay any attorney
fees or costs associated with this action. Dkt. 28. But Sylvanus has expressly waived any fees,
costs, and interest against Rita, and IA American was dismissed at its request, so the court
won’t award any attorney fees or costs. Accordingly, there being no contested issues, the court

finds it appropriate to enter judgment awarding the insurance proceeds to Sylvanus Ofoma and
close this case.

ORDER
IT IS ORDERED that:
1. Sylvanus Ofoma is the rightful and legal beneficiary to the proceeds and interest
from the policy held by IA American Life Insurance Company, Policy Number
Y09030657, which were previously deposited with the clerk.
2. The clerk shall enter judgment in favor of Sylvanus Ofoma in the amount of
$74,735.44, plus any interest that has accrued.
3. The clerk is directed to disburse these funds to “Johns, Flaherty & Collins, S.C.
Trust Account” and mail it to:
Johns, Flaherty & Collins, S.C.
Attn: Joseph G. Veenstra
205 5th Ave. S., Suite 600
La Crosse, WI 54601
4. Each party will be responsible for its own attorney fees, costs, and expenses.
5. The November 28, 2023, default hearing is cancelled.
Entered November 13, 2023.
BY THE COURT:
/s/
________________________________________
JAMES D. PETERSON
District Judge

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