Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Lincoln National Life Insurance Co. v. Drummond

United States District Court, Sixth Circuit

September 23, 2013

LINCOLN NATIONAL LIFE INSURANCE CO., Plaintiff,
v.
KAYLEIGH DRUMMOND, et al. Defendants.

ORDER

SARA LIOI, District Judge.

Defendants/cross-claimants Kayleigh Drummond and Shaina Holt (collectively, "cross-claimants") have jointly moved for judgment by default (Doc. No. 14) on their cross-claim (Doc. No. 10) against defendant Christine Norris ("Norris").[1]

On May 8, 2012, plaintiff Lincoln National Life Insurance Co. filed a complaint in interpleader (Doc. No. 1) against defendants Drummond, Holt, and Norris. Norris was served with a summons and the complaint on July 6, 2012. (Doc. No. 7.) On July 27, 2012, cross-claimants filed an answer and cross-claim against Norris. (Doc. No. 10.)[2] Upon review of the docket, the Court finds that Norris has not properly responded to plaintiff's complaint or cross-claimants' cross-claim.

On October 8, 2012, cross-claimants applied to the Clerk of Courts of this District (the "Clerk") for entry of default against Norris pursuant to Rule 55(a) of the Federal Rules of Civil Procedure. (Doc. No. 12.) In their application, cross-claimants attached proof that Norris was served with their answer and cross-claim on August 1, 2012. (Doc. No. 12-2.) Accordingly, the Clerk entered Norris's default on October 9, 2012. (Doc. No. 13.)

Cross-claimants bring their motion for default judgment under Federal Rule of Civil Procedure 55(b)(1). Rule 55(b)(1) states:

If the [claimant]'s claim is for a sum certain or a sum that can be made certain by computation, the clerk-on the [claimant]'s request, with an affidavit showing the amount due-must enter judgment for that amount and costs against a defendant who has been defaulted for not appearing and who is neither a minor nor an incompetent person.

By virtue of the fact that the motion seeks the amount of the proceeds of the insurance policy-Ten Thousand Dollars ($10, 000)-it is a sum certain that can be awarded under Rule 55(b)(1). (Mot. for Default J. at 64; Policy, Doc. No. 18-1, at 80; Compl. at ΒΆ 11.) The Court also finds that there is nothing in the record to suggest that Norris is a minor or not competent to participate in these proceedings.

Accordingly, the Court GRANTS cross-claimants' motion for default and ENTERS JUDGMENT against defendant Norris for $10, 000, the interpleaded proceeds from the insurance policy at issue herein. The Clerk is directed to distribute the interpleaded funds ( see Doc. No. 19) to ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.