TCI Group Life Insurance Plan v. Knoebber

244 F.3d 691
CourtCourt of Appeals for the Ninth Circuit
DecidedMarch 26, 2001
DocketNos. 98-17122, 99-15070
StatusPublished
Cited by8 cases

This text of 244 F.3d 691 (TCI Group Life Insurance Plan v. Knoebber) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
TCI Group Life Insurance Plan v. Knoebber, 244 F.3d 691 (9th Cir. 2001).

Opinion

BERZON, Circuit Judge:

On the merits, this case concerns an intra-family dispute over the proceeds of a $50,000 life insurance policy. When Janet Knoebber failed to plead in response to the complaint or the cross-claim, the district court entered a default judgment against the deceased’s wife in favor of his mother. The district court denied the wife’s motion to vacate the default judgment. We hold, in accord with the long-standing principle that default judgments are disfavored, that the district court abused its discretion in failing to set aside the default and reach the merits. In the course of doing so, we clarify the meaning of the “culpability” [694]*694prong of the well-established standard governing the setting aside of default judgments.

I. Background

Thomas Knoebber died of lung cancer on August 16, 1997, at the age of 40, leaving his wife, Janet, and a two-year-old son. Thomas’ death left Janet distraught. She sought psychiatric treatment, and under her psychiatrist’s care was taking powerful antidepressants.

In July 1998, Janet completed the sale of her home in Livermore, California, and moved to Tampa, Florida, with her son and her eight-year-old daughter from a previous marriage to begin anew. It was during the time that Janet was preparing to move, moving, and setting up a new home and new life in Florida that the events that gave rise to the default judgment, and to this appeal, took place.

Thomas was an employee of Tele-Com-munications, Inc. (TCI), and a participant in the TCI Group Life Insurance Plan (the Plan). The Life Insurance Company of North America (LINA) issued the group life insurance plan to TCI. The Plan’s basic life insurance policy provided a $123,000 benefit to be paid to Thomas’ designated beneficiary in the event of his death. Janet was the designated beneficiary of the basic life insurance policy. Accordingly, upon Thomas’ death, the Plan paid the $123,000 basic benefit to Janet.

Four years before he married Janet, Thomas had purchased an additional voluntary life insurance policy worth $50,000. At the time, he designated his mother, Kathleen Knoebber, as the beneficiary in trust for his two children from a previous marriage. Janet asserts that after she and Thomas were married, Thomas notified the Plan administrator of his desire to designate Janet as the beneficiary. As far as the record shows, however, the Plan never received a signed designation-of-beneficiary form to that effect.

Upon Thomas’ death, both Janet and Kathleen made claims on the Plan for the $50,000 voluntary life insurance benefit. Janet based her claim on Thomas’ intent to designate her as his beneficiary, and on her interest in the benefit under California community property law. Because of the conflicting claims, LINA and the Plan filed an interpleader action in District Court on April 15, 1998 to determine who should receive the $50,000 benefit. Although Janet was served with the summons and complaint on May 12, she did not respond.

When Kathleen received the interpleader summons and complaint, she contacted the interpleader plaintiffs’ counsel and entered into a stipulation extending her time to respond to the complaint until June 19. On June 18, Kathleen’s counsel telephoned Janet, who explained she had not retained counsel and did not know what she was going to do about the litigation. The following day, Kathleen filed her answer, counterclaim, and cross-claim against Janet. Kathleen’s counsel mailed Janet a copy of the answer, counterclaim, and cross-claim, asked that Janet waive personal service, and suggested that Janet contact the Alameda County Bar Association’s referral service for help in obtaining a lawyer. Janet did not respond to this letter.

Janet was personally served with Kathleen’s answer, counterclaim, and cross-claim on July 6, 1998 and had 20 days to file an answer to the cross-claim or otherwise plead. In the middle of the time period for answering the cross-claim, on July 17, Janet moved with her children to Tampa. She did not answer the cross-claim.

Two days after Janet’s answer was due, Kathleen moved for an entry of default against Janet, and the clerk entered the default the following day. Almost immediately, on August 4, Kathleen moved for a default judgment, serving Janet at her new address in Florida. A hearing on Kathleen’s motion was set for September 15.

[695]*695Janet failed to respond to the motion within 21 days, as required by the District Court’s local rules, see N.D. Cal. Civil L.R. 7-3(a), so the District Court, on September 4, granted the default judgment against Janet. Four days later — before the date set for the hearing, and before she learned that the request for the default judgment had been granted — Janet approached a local lawyer in Tampa for advice. That lawyer filed a Notice of Appearance of Counsel with the District Court on September 11 (but not, apparently, a motion to appear pro hac vice), and proceeded to engage local counsel and file a motion to appear pro hac vice. Meanwhile, on September 18, the District Court entered the default judgment and directed the Plan to disburse the proceeds of the $50,000 voluntary life insurance policy to Kathleen.

Janet filed a motion to set aside the default judgment under Fed.R.Civ.P. 60(b) on October 15, accompanied by declarations from Janet and her attorney reciting the circumstances summarized above. The district court denied the motion on December 8, without explanation. Janet appeals the denial of her motion to set aside the default.

The district court had jurisdiction over the underlying interpleader action under ERISA, 29 U.S.C. § 1132, see Aetna Life Ins. Co. v. Bayona, 223 F.3d 1030, 1033-34 (9th Cir.2000) (ERISA inter-pleader brought by fiduciary is cognizable cause of action), and over Kathleen’s cross-claim, which is the subject of this appeal, see Cripps v. Life Ins. Co. of North America, 980 F.2d 1261, 1266-67 (9th Cir.1992) (person who claims to be the beneficiary of an ERISA plan has a cause of action under 29 U.S.C. § 1132(a)(1)).1

II. Rule 60(b)’s Standards for Vacating Default Judgments

Motions to vacate a default judgment, like the one in this case, are cognizable under Fed.R.Civ.P. 60(b). Rule 60(b)(1), the subsection here pertinent, grants district courts discretion to relieve a party from a judgment or order for reason of “mistake, inadvertence, surprise, or excusable neglect,” provided that the party moves for such relief not more than a year after the judgment was entered.2 As such, Rule 60(b)(1) guides the balance between the overriding judicial goal of deciding cases correctly, on the basis of their legal and factual merits, with the interest of both litigants and the courts in the finality of judgments. Pena v. Seguros La Comercial,

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244 F.3d 691, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tci-group-life-insurance-plan-v-knoebber-ca9-2001.