Calloway

I. BACKGROUND

28 Plaintiff, at issue is an annuity benefit payable under a guaranteed fixed annuity, following the death of Geneva Perkins. (See id.) Plaintiff asserts that it cannot determine to whom the annuity benefit is payable due to conflicting claims of the defendants. (See id.) On February 6, 2019, Defendant Raymond Calloway executed a waiver of service of summons. (Doc. 10.) In signing the waiver of service, Defendant Raymond Calloway indicated his understanding that he “must file and serve an answer or a motion under Rule 12” within 60 days from the date the request for waiver of service was sent, and that if he failed to do so “a default judgment will be entered” against him. (See id.) Plaintiff did not file a responsive pleading with the required time period. On November 5, 2019, Plaintiff requested that the Clerk of Court enter default against Defendant Raymond Calloway (Doc. 31), which was entered on November 6, 2019 (Doc. 33). The parties convened on the record for a scheduling conference on April 30, 2020. (See Doc. 63.) Defendants Raymond Calloway appeared telephonically at the conference and…