Foremost Insurance Company v. Johnson
ORDER directing that Foremost's 14 Motion for Entry of Order Granting Judgment in Favor of Plaintiff is GRANTED; default judgment is hereby ENTERED in favor of Defendant Foremost Insurance Company on its Complaint for Declaratory Judgment. Signed by Honorable Judge Mark E. Fuller on 4/8/13. (scn, )
IN THE UNITED STATES DISTRICT COURT FOR
THE MIDDLE DISTRICT OF ALABAMA
FOREMOST INSURANCE COMPANY,
GARY LEONARD JOHNSON, III,
CASE NO. 2:12-cv-429-MEF
(WO – Do Not Publish)
This cause comes before the Court on Plaintiff Foremost Insurance Company’s
(“Foremost”) Motion for Entry of Order Granting Judgment in Favor of Plaintiff (Doc. #14),
which this Court construes as a motion for a default judgment pursuant to Federal Rule of
Civil Procedure Rule 55(b)(2). In its Complaint for Declaratory Judgment, Foremost seeks
a ruling that it owes no insurance coverage to Defendant Gary Leonard Johnson, III
(“Johnson”) for liability arising out of an accident that occurred on July 30, 2011, which
involved an all-terrain vehicle that was owned by Johnson and was being operated by
Johnson at the time of the accident.
Johnson was served by certified mail on May 19, 2012 (Doc. #5) but has failed to
appear in this action or otherwise acknowledge the pendency of this lawsuit. The Clerk of
Court has already entered default against Johnson pursuant to Federal Rule of Civil
Procedure 55(a), meaning that all well-pleaded factual allegations against Johnson have been
deemed admitted. See Eagle Hosp. Physicians, LLC v. SRG Consulting, Inc., 561 F.3d 1298,
1307 (11th Cir. 2009) (“A ‘defendant, by his default, admits the plaintiff’s well-pleaded
allegations of fact . . . .’” (quoting Nishimatsu Const. Co. v. Houston Nat’l Bank, 515 F.2d
1200, 1206 (5th Cir. 1975))).1 Therefore, the Court must accept the facts pleaded in
Foremost’s Complaint as true and determine whether they state a claim upon which relief
may be granted. See Eagle Hosp. Physicians, 561 F.3d at 1307 (“A default judgment is
unassailable on the merits, but only so far as it is supported by well-pleaded allegations.”
(quoting Nishimatsu, 515 F.2d at 1206)).
After thoroughly reviewing the pleadings and the relevant homeowner’s insurance
policy Foremost issued to Johnson, the Court concludes that Foremost has stated a valid
claim for declaratory relief against Johnson. Thus, Foremost is entitled to have default
judgment entered in its favor.
Accordingly, it is hereby ORDERED that Foremost’s Motion for Entry of Order
Granting Judgment in Favor of Plaintiff (Doc. #14) is GRANTED. Default judgment is
hereby ENTERED in favor of Defendant Foremost Insurance Company on its Complaint for
Declaratory Judgment (Doc. #1).
DONE this the 8th day of April, 2013.
/s/ Mark E. Fuller
UNITED STATES DISTRICT JUDGE
In Bonner v. City of Prichard, 661 F.2d 1206, 1209 (11th Cir. 1981) (en banc), the Eleventh
Circuit adopted as binding precedent all Fifth Circuit decisions handed down before the close of business on
September 30, 1981.
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