Atlantic Casualty Insurance Company v. L & L Social Club, Inc. et al

Filing 31

OPINION. Signed by Honorable Judge Myron H. Thompson on 9/16/2013. (Attachments: # 1 Civil Appeals Checklist)(jg, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, EASTERN DIVISION

ATLANTIC CASUALTY INSURANCE )
COMPANY,
)
)
Plaintiff,
)
)
v.
)
)
L & L SOCIAL CLUB, INC.,
)
d/b/a L & L Social Club,
)
et al.,
)
)
Defendants.
)

CIVIL ACTION NO.
3:12cv617-MHT
(WO)

OPINION
Plaintiff Atlantic Casualty Insurance Company brought
this

lawsuit

seeking

declaratory

judgment

against

defendants L & L Social Club, Inc., Lillian Peterson, and
Vickie Doss. The jurisdiction of the court has been
invoked

pursuant

to

28

U.S.C.

§

1332

(diversity).

Atlantic now moves for an entry of default judgment
against L & L Social Club.

The motion will be granted,

albeit as to the club only.
The federal case concerns a state-law civil lawsuit
for damages arising from a shooting at L & L Social Club.

Doss, in her capacity as administrator of the estate of
her son James Arthur Doss and individually, filed suit
against L & L Social Club, Inc., in state court alleging
that her son was shot and killed while on the club’s
premises.

In this federal lawsuit, Atlantic asserts that

it has no duty to defend and indemnify L & L Social Club,
because the underlying conduct falls within the policy’s
exclusions. Atlantic brought this declaratory-judgment
action seeking a determination of whether it has a duty
to defend and indemnify the club against Doss’s claims.
Atlantic submitted a motion for entry of default
judgment against L & L Social Club after the club failed
to answer or otherwise respond to the complaint within
the time allowed by law. By order of this court, the club
had until August 26, 2013, to show cause as to why
default judgment should not be entered against it.
club did not respond.

The

Default judgment is therefore due

to be entered against L & L Social Club.

2

An appropriate judgment will be entered.
opinion

and

the

accompanying

judgment

Both this

are

without

prejudice to and do not affect the rights of any other
defendant to this case.
DONE, this the 16th day of September, 2013.

/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE