Essex Insurance Company v. J & J Masonry LLC et al

Filing 27

MEMORANDUM OPINION. Signed by Judge Virginia Emerson Hopkins on 4/21/2015. (JLC)

FILED
2015 Apr-21 PM 01:54
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
ESSEX INSURANCE COMPANY,

)
)
Plaintiff,
)
)
v.
) Case No.: 2:14-CV-2138-VEH
)
HPH PROPERTIES LLC, BONNIE )
ADAMS, JOHN ADAMS, WENDY )
COOK, and WILLIAM COOK,
)
)
Defendants.
)

MEMORANDUM OPINION
On April 1, 2015, the court granted partial judgment by default against J&J
Masonry LLC (“J&J Masonry”) on plaintiff Essex Insurance Company’s (“Essex”)
complaint. (Doc. 25). In granting judgment by default on the complaint, the court
entered a declaratory judgment that Essex, which insured J&J Masonry under several
policies, has no duty to defend and indemnify J&J Masonry in two underlying state
court suits: one brought by Bonnie Adams and John Adams, (“the Adamses”) and the
other brought by Wendy Cook and William Cook (“the Cooks”). The Adamses and
the Cooks are also defendants in this action.1

1

The Adamses and the Cooks filed an answer to the complaint on December 5, 2014.
(Doc. 13). However, they have not made any subsequent filings. Notably, they did not respond to
the motion for default judgment against J&J Masonry (Doc. 19) or to the court’s show cause
order on April 1, 2015 regarding summary judgment against them. (Doc. 26).

On April 1, 2015, the court ordered the Adamses and the Cooks to show cause
by April 15, 2015 why summary judgment should not be granted against them. (Doc.
26). That deadline has passed without any response. Since the court has given “notice
and a reasonable time to respond,” Fed. R. Civ. Pro. 56(f), summary judgment is now
appropriate.
The declaratory judgment sought by Essex sought only declaration as to its
duties to its insured, J&J Masonry, and not to any of the other defendants. (Doc. 1).
There have been no counterclaims or cross-claims raised by other parties in this case.
After the court granted the declaratory judgment by default against J&J Masonry, no
issues remain to be decided in this case. Therefore, summary judgment will be
GRANTED against the Cooks and the Adamses by separate order.
There is one other defendant remaining: HPH Properties LLC (“HPH
Properties”). HPH Properties has not appeared in this action, and the only attempt to
serve HPH Properties was returned unexecuted. (See Doc. 12). Therefore, all claims
against HPH Properties will be DISMISSED WITHOUT PREJUDICE.
DONE and ORDERED this 21st day of April, 2015.

VIRGINIA EMERSON HOPKINS
United States District Judge
2