Alex N. Sill Company v. Carter Bros. Mfg. Co., Inc. (JOINT ASSIGN)(MAG2)
OPINION. Signed by Honorable Judge Myron H. Thompson on 3/13/2017. (kh, )
IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
ALEX N. SILL COMPANY,
CARTER BROS. MFG. CO.,
CIVIL ACTION NO.
Plaintiff Alex N. Sill Company filed this lawsuit
against defendant Carter Bros. Mfg. Co., Inc., bringing
a state-law claim for breach of contract and seeking a
Jurisdiction is proper pursuant
to 28 U.S.C. § 1332 (diversity).
This lawsuit is now
before the court on Sill Company’s motion for default
For the reasons below, the motion will be
On January 10, 2017, Carter Bros. was served the
summons and complaint by process server, and was served
with a copy of the amended complaint by U.S. Mail on
January 13, 2017.
More than 21 days have passed since
Carter Bros. was served with the summons and complaint
and with the amended complaint.
Carter Bros. has not
filed an answer or other responsive pleading within the
time specified by Fed. R. Civ. P. 12(a)(1).
Sill Company applied for entry of default against
Carter Bros. on February 15, 2017, and the clerk of
court entered the requested default.
Sill Company then
filed the pending motion for default judgment.
In the motion, Sill Company requests a judgment (1)
finding its contract with Carter Bros. to be valid and
binding; (2) granting judgment in its favor and against
Carter Bros. in the sum of $ 250,939.04, plus costs;
(3) finding it is entitled to the first $ 250,939.04 of
$ 250,939.04 that remains owing at the time of such
different relief to which it may be entitled.
On February 22, the court ordered that the parties
show cause, if any there be, in writing by March 8 as
to why the motion for default judgment should not be
In the order, the court informed Carter Bros.
that if it failed to respond within the time allowed,
signed contract between the parties, an invoice from
Sill Company to Carter Bros., and the declaration of
Michael Perlmutter, President and General Counsel for
Carter Bros. in 2010 to assist in the appraisal
and preparation of fire-loss insurance claims
insurance claim stemmed from a fire at Carter
Bros.'s manufacturing facility.
• Under the contract’s terms, Carter Bros. was
required to pay Sill Company for its work out
of the "first dollars" it received from the
insurance company on its fire-loss claim.
• Sill Company performed claims preparation and
other services pursuant to the contract for a
total amount of $ 259,989.04 in costs and fees.
Ala.), Carter Bros. won a jury verdict against
Sill Company provided expert
testimony in the trial.
• In 2012, Lumbermen's made payments under the
policy totaling $ 7,122,439.56 to a number of
Carter Bros.'s lienholders.
• Carter Bros. paid Sill Company $ 9,050.00.
has not disputed the amount of money it owes
Sill Company under the contract.
• The total remaining amount due to Sill Company
under the contract is $ 250,939.04.
notice of the liquidation of Lumberman’s, issued by the
gives claimants until May 24, 2017, to submit proof of
claims against Lumberman’s.
Sill Company wishes to
submit a proof of claim for the amount Carter Bros.
above, Carter Bros. was served with both the summons
within the time allowed; and failed to respond to an
between the parties and the other evidence submitted,
and finds that the contract is valid and binding and
that Sill Company is entitled to be paid $ 250,939.04
court is of the opinion that Sill Company’s motion for
entry of default judgment should be granted.
An appropriate judgment will be entered.
DONE, this the 13th day of March, 2017.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE
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