The Paul Revere Life Insurance Company v. Saari, No. 8:2013cv01571 - Document 14 (M.D. Fla. 2013)
Court Description: ORDER granting 12 Plaintiff's Motion for Entry of Final Default Judgment. The Clerk is directed to enter judgment in favor of Plaintiff and against Defendant in the amount of $133,013.35. If Plaintiff intends to file a motion for attorney fees in this matter, Plaintiff is directed to do so on or before October 8, 2013. Signed by Judge Virginia M. Hernandez Covington on 9/24/2013. (CH)
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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION THE PAUL REVERE LIFE INSURANCE COMPANY, Plaintiff, v. Case No. 8:13-cv-1571-T-33AEP ALAN SAARI, Defendant. ______________________________/ ORDER This matter comes before the Court in consideration of Plaintiff The Paul Revere Life Insurance Company’s Motion for Entry of Final Default Judgment Against Defendant Alan Saari (Doc. # 12), filed on September 4, 2013. For the reasons that follow, the Court grants the Motion. I. Legal Standard Federal Rule of Civil Procedure 55(a) provides: “When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend, and that failure is shown by affidavit or otherwise, the clerk must enter the party’s default.” A district court may enter a default judgment against a properly served defendant who fails to defend or otherwise appear pursuant to Federal Rule of Civil Procedure 55(b)(2). DirecTV, Inc. v. Griffin, 290 F. Supp. 2d 1340, 1343 (M.D. Fla. 2003). The mere entry of a default by the Clerk does not, in itself, warrant the Court entering a default judgment. See Tyco Fire & Sec. LLC v. Alcocer, 218 F. App’x 860, 863 (11th Cir. 2007) (citing Nishimatsu Constr. Co. v. Hous. Nat’l Bank, 515 F.2d 1200, 1206 (5th Cir. 1975)). Rather, a Court must ensure that there is a sufficient basis in the pleadings for the judgment to be entered. judgment has plaintiff’s the effect well-pled of establishing allegations of fact Id. as fact the and bars the defendant from contesting those facts on appeal. II. A default Id. Discussion On June 17, 2013, Paul Revere filed its Complaint against Saari containing the following counts: (1) Claim for Enforcement of Plan Provisions, (2) Claim for Equitable Lien or Constructive Trust, and (3) Claim for Attorney’s Fees. (Doc. # 1 at 7-9). Among other allegations, Paul Revere claims to have issued a group long term disability policy to non-party Stacy David, doing business as Brandon Mitsubishi, as part of an employee welfare benefit plan. (Id. at 2). Paul Revere alleges that Saari was an employee of David and was insured under the group policy. 2 (Id.). In August of 2005, Saari allegedly submitted a claim to Paul Revere reporting that he had become disabled. at 5). (Id. In September of 2005, Paul Revere notified Saari that it had approved his claim, and that Saari’s basic monthly benefit (Id.). Revere With under regard allegedly the to Policy Saari’s encouraged would disability Saari to Security Disability Income benefits. additionally advised Saari that, be claim, apply (Id.). “should he $2,662.40. for Paul Social Paul Revere recover any such benefits from [the Social Security Administration], State Disability, Pension and Workers Compensation or other sources of income, that these sources . . . would be an ‘offset’ or subtracted from received from Paul Revere.” In December of 2005, agreement pursuant to unreduced benefits under (Id.). the monthly benefits he (Id.). Saari which the signed Saari policy a elected with reimbursement to receive Paul Revere. Saari additionally “agreed to notify Paul Revere within 48 hours of receiving notice that he would be paid disability benefits from other sources, and to repay any overpayment incurred as a result of receiving such other benefits.” (Id. at 6). 3 In September of 2009, Paul Revere received a copy of a notice of award letter from the Social Security Administration, stating that, effective May 5, 2005, Saari began receiving Social Security disability benefits; the receipt of these benefits overlapped with Saari’s receipt of unreduced benefits from Paul Revere. receipt of overpayment Despite failed benefits in an repeated to from amount sources exceeding requests reimburse both from Paul Saari’s created $110,000.00. Paul Revere (Id.). Revere, for the an (Id.). Saari has overpayment. (Id.). Paul Revere effected service of process on Saari on June 26, 2013. (Doc. responsive pleading. # 6). Saari failed to file a On August 15, 2013, Paul Revere filed a motion for entry of clerk’s default. (Doc. # 10). On that same date, the Clerk entered a default against Saari pursuant to Procedure. Rule 55(a) of the Federal Rules of Civil (Doc. # 11). Based upon the Clerk’s entry of default, the well-pled factual affidavit allegations filed in contained support of in Paul the Complaint, Revere’s Motion the for Default Judgment (Cushman Aff. Doc. # 13), and the Motion itself, the Court determines that the Motion is due to be 4 granted matter and is further not determines needed. Paul that a Revere hearing is on entitled this to a judgment against Saari for $133,013.35, which includes the principal amount of $110,563.92, interest in the amount of $21,994.43, and taxable costs in the amount of $455.00. (Id. at 2). This amount mathematical affidavit is capable computation and other or exhibits of accurate and ascertainment filed by ready from Paul the Revere. Specifically, Gudrun Cushman, an employee of Paul Revere who holds the title Management,” provided “Manager, Benefit Financial a detailed affidavit itemizing the amounts due and owing to Paul Revere. (Id.). Cushman also confirms that Saari was notified “by letter dated November 20, 2009, . . . to pay the overpayment amount within thirty days.” Cushman’s (Id.). However, affidavit, request for payment. Saari as was noted not in an exhibit responsive to to this (Doc. # 13-1 at 1). The Court accordingly directs the Clerk to enter a final default judgment against Saari and in favor of Paul Revere in the amount of $133,013.35. Accordingly, it is ORDERED, ADJUDGED, and DECREED: 5 (1) Plaintiff Motion The for Paul Entry of Revere Final Life Insurance Default Company’s Judgment Against Defendant Alan Saari (Doc. # 12) is GRANTED. (2) The Clerk is directed to enter judgment in favor of Plaintiff and against Defendant in the amount of $133,013.35. (3) If Plaintiff intends to file a motion for attorney fees in this matter, Plaintiff is directed to do so on or before October 8, 2013. DONE and ORDERED in Chambers in Tampa, Florida, this 24th day of September, 2013. Copies: All Counsel of Record 6
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