United States District Court, D. South Carolina, Aiken Division
ORDER FOR DEFAULT JUDGMENT AS TO ALL
Michelle Childs United States District Court.
matter is before the court on the Plaintiff Transamerica
Premier Life Insurance Company's
(“Plaintiff”) motion for default judgment against
Defendants Mary Carroll, Hannah Sherlock, and Johnny
Sherlock. For the reasons set forth below, the court GRANTS
filed this declaratory judgment action on July 13, 2016,
seeking a declaration by the court that a life insurance
policy on the life of Rose Ann Sherlock (“the
Policy”) is null and void and of no force and effect.
Plaintiff further requests that the court declare that
Plaintiff has no obligation to pay the death benefit under
the Policy and that it be allowed to retain the premiums paid
on the Policy.
Jurisdiction and Venue
court has subject matter jurisdiction over Plaintiff's
claims pursuant to 28 U.S.C. § 1332 based on diversity
of citizenship of the parties. Additionally, this action is
brought pursuant to the provisions of the Uniform Declaratory
Judgment Act, as codified in 28 U.S.C. §§ 2201-
2202, and Federal Rule of Civil Procedure 57.
Process and Service on Defendants Mary Carroll, Hannah
Sherlock, and Johnny Sherlock
Complaint was served on Defendant Mary Carroll by delivering
a Summons and Complaint to her residence at 115 Ceferino
Drive, North Augusta, South Carolina, 29860, on July 18,
2016. Defendant Mary Carroll accepted service. (ECF No. 9-1.)
was also served on Defendant Hannah Sherlock by delivering
the Summons and Complaint to her personally at her residence
at 1352 Shannon Drive, North Augusta, South Carolina 29860,
on July 18, 2016. (ECF No. 10-1.)
Johnny Sherlock received service of process by delivery of a
Summons and Complaint to his residence at 1115 Edgefield
Road, North Augusta, South Carolina, 29860, on August 11,
2016. The wife of Defendant Johnny Sherlock, Ms. Catherine
Sherlock, accepted service. (ECF No. 16-1.) Service on
Defendant Johnny Sherlock was also attempted by certified
mail, restricted delivery, return receipt requested on August
5, 2016 (ECF No. 16-2), and by FedEx on August 12, 2016. (ECF
No. 16-3.) The Court finds that service on August 11, 2016 is
sufficient and that, counting from that date, Defendant
Johnny Sherlock is in default.
Dismissal of Remaining Defendants
September 16, 2016, Plaintiff voluntarily dismissed
Defendants The Estate of Rose Ann Sherlock, Tommy G. Riley,
and Lisa Sherlock from this matter pursuant to Rule
41(a)(1)(A)(i) of the Federal Rules of Civil Procedure. (ECF
No. 21.) The Plaintiff determined that the presence of these
Defendants is no longer necessary.
Grounds for Entry of Default
Mary Carroll, Hannah Sherlock, and Johnny Sherlock have not
timely filed an answer or other pleading, as reflected in the
Affidavits of Default filed on August 11, 2016, and September
7, 2016. (ECF Nos. 9, 10, 17.) The Clerk of Court properly
entered default as to Defendants Mary Carroll and Hannah
Sherlock on ...