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Batty v. Metlife Investors USA Insurance Co.

IN THE UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF ILLINOIS SPRINGFIELD DIVISION


August 25, 2009

JEFFREY BATTY, PLAINTIFF,
v.
METLIFE INVESTORS USA INSURANCE CO. AND PNC BANK, DELAWARE, DEFENDANTS
METLIFE INVESTORS USA INSURANCE CO., COUNTER-PLAINTIFF,
v.
JEFFREY H. BATTY AND ANNA L. BATTY, COUNTER-DEFENDANTS.

The opinion of the court was delivered by: Jeanne E. Scott United States District Judge

OPINION

JEANNE E. SCOTT, U.S. District Judge

This matter comes before the Court on the Counter-Plaintiff's Application for Entry of Default Judgment (d/e 26) filed by MetLife Investors USA Insurance Company. Pursuant to Fed. R. Civ. P. 55(b)(2) and this Court's October 16, 1985, Standing Order involving the same, Counter-Plaintiff seeks judgment in its favor. For the reasons set forth below, Counter-Plaintiff's Motion is allowed.

Counter-Plaintiff filed its Counterclaim for Interpleader (d/e 13) on March 13, 2009. The docket reveals that Anna Batty was served with summons and the Counterclaim for Interpleader on May 4, 2009. Summons Returned Executed (d/e 16). Anna Batty, however, failed to file an answer or otherwise appear in the case, and Counter-Plaintiff filed a Motion for Entry of Default (d/e 23).

On July 8, 2009, Magistrate Judge Byron G. Cudmore entered an Order of Default (d/e 24) in Counter-Plaintiff's favor and against Anna Batty. On August 7, 2009, Counter-Plaintiff provided notice to Anna Batty of the Order of Default and the pending Application for Entry of Default Judgment. Affidavit (d/e 28), § 7. Nevertheless, Anna Batty has failed to appear in this action. Anna Batty is not a minor or an incompetent person, nor is she in military service. Affidavit, §§ 4-6 . Therefore, the Court finds entry of default judgment against Anna Batty to be appropriate. Counter-Plaintiff's Application for Entry of Default Judgment (d/e 26) is

ALLOWED. Judgment is entered in favor of MetLife Investors USA Insurance Company and against Anna Batty.

IT IS THEREFORE SO ORDERED.

20090825

© 1992-2009 VersusLaw Inc.



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