Protective Life Insurance Company v. Flicek

UNITED STATES DISTRICT COURT

DISTRICT OF NEVADA

PROTECTIVE LIFE INSURANCE Case No.: 2:21-cv-00835-APG-VCF COMPANY and MONY LIFE INSURANCE

COMPANY, ORDER GRANTING MOTION FOR

DEFAULT JUDGMENT

Interpleader Plaintiffs, [ECF No. 27] v.

DAVID FLICEK and the ESTATE OF

ALTHAEA FLICEK, through its Personal

Representative Heather Funk,

Interpleader Defendants.

Interpleader Plaintiffs Protective Life Insurance Company and MONY Life Insurance Company move for default judgment against Interpleader Defendant the Estate of Althaea Flicek. ECF No. 27. Default has been entered against the estate. ECF No. 25. The motion satisfies the factors set forth in Eitel v. McCool, 782 F.2d 1470, 1471-72 (9th Cir. 1986). I thus find good cause to grant the motion.

I HEREBY ORDER that the motion for default judgment (ECF No. 27) is granted. The clerk of the court is directed to enter judgment in favor of Protective Life Insurance Company and MONY Life Insurance Company (collectively, the Interpleader Plaintiffs) and against the Estate of Althaea Flicek as follows:

1. The Interpleader Plaintiffs are ordered to deposit into the court’s Registry the subject Policy proceeds and applicable interest by December 3, 2021.

2. Upon deposit of the Policy proceeds, the Interpleader Plaintiffs are discharged of all liability with respect to the subject Policy. ] 3. The Interpleader Defendants in this case, and anyone acting directly or indirectly on their behalf, are enjoined from instituting or maintaining any action against the Interpleader Plaintiffs relative to the subject Policy proceeds.

4. The Interpleader Plaintiffs are dismissed from this action with prejudice. I FURTHER ORDER the clerk of the court to enter judgment accordingly because there is no just reason to delay entry of judgment in favor of the Interpleader Plaintiffs and against the defendant estate. Fed. R. Civ. P. 54(b).

I FURTHER ORDER that, by December 17, 2021, defendant David Flicek will file an 9] appropriate motion to distribute the Policy proceeds and explain what, if anything else, needs to 10]| be done to resolve this case. The failure to do so may result in dismissal of this case. DATED this 19th day of November, 2021.

OIE

ANDREWP.GORDON.

UNITED STATES DISTRICT JUDGE