Atlantic States Insurance Company v. Bulldawgs Total Lawn Care, Inc. et al

Filing 48

ORDER denying 13 Motions to Dismiss 13 and 21 . Signed by Chief Judge J. Randal Hall on 08/20/2018. (thb)

IN THE UNITED STATES DISTRICT COURT FOR THE
SOUTHERN DISTRICT OF GEORGIA
AUGUSTA DIVISION

ATLANTIC STATES INSURANCE

*

COMPANY,

*

Plaintiff,

*

CV 118-004

*
*

V.
*

BULLDAWGS LAWNCARE INC. et

*

al.,

*
*

Defendants.

*

ORDER

Before

(Docs.

13,

president
2011,

the

Court

21.)

of

are

Defendant

Defendant

Bulldawgs

Defendants'

Dustin

Bulldawgs

contracted

with

motions

Michael

Lawncare

to

Vanhouse

dismiss.

is

the

C'Bulldawgs").

In

Defendants

Brad

Hogsed

and

Jennifer Hogsed (the ''Hogseds") to build a retaining wall at
their home in Evans, Georgia.

In September 2015, the retaining

wall collapsed.

sued

The

Hogseds

Bulldawgs

and

Vanhouse

in

Columbia County Superior Court.

In May 2018, a jury found both

Bulldawgs

for

and

Vanhouse

liable

$120,000

in

damages

and

Plaintiff,

the

$60,000 in attorney's fees.

Prior

to

the

jury

trial

in

state

court.

insurer of Bulldawgs, filed a complaint for declaratory judgment
in this Court seeking release from its duty to defend and duty

to indemnify.

(Doc. 1.)

The Hogseds moved to dismiss on the

grounds

that:

$75,000;

(1)

and

the

(2)

amount

the

in

Court

controversy

should

did

decline

not
to

exceed

exercise

jurisdiction pursuant to the Declaratory Judgment Act, 28 U.S.C.
§ 2201, due to the imminent state court trial on the issue of

liability.

(Doc. 13.)

Bulldawgs and Vanhouse filed their own

motion to dismiss incorporating by reference all the arguments

made

in

the

Hogseds'

motion

to

dismiss.

(Doc.

21.)

After

securing a verdict in state court, however, the Hogseds withdrew
their

motion

arguments.

to

dismiss

with

(Doc. 35.)

respect

to

their

jurisdictional

Bulldawgs and Vanhouse made no such

withdrawal of their own motion to dismiss.

First, to the extent that Bulldawgs and Vanhouse continue

to object to this Court's subject matter jurisdiction, the Court
finds no basis in their objection.

expenses

related to defending

Vanhouse.

The

jury

in

Plaintiff seeks to avoid the

and

the

indemnifying

state

court

Bulldawgs
action

and

awarded

compensatory damages of $120,000 and attorney's fees of $60,000.
These

expenses

requirement.

far

exceed

the

$75,000

amount

in

controversy

Accordingly, the Court finds that it has subject

matter jurisdiction over this matter.

Second, the

Court rejects

pursuant

Declaratory

Judgment Act provides that "[i]n a case of actual
within

its

the

Declaratory

request to decline

jurisdiction

controversy

to

Defendants'

jurisdiction

Judgment

. . .

any

Act.

court

of

The

the

United States, upon the filing of an appropriate pleading, may

declare the rights and other legal relations of any interested
party seeking such declaration, whether or not further relief is
or

could

be

sought."

28

U.S.C.

§

2201.

"The

Declaratory

Judgment Act is an enabling Act, which confers a discretion on
courts

rather

Ameritas

(11th

than

Variable

Cir.

an

Ins.

Co.

(citations

2005)

Life

absolute

and

right

v.

upon

the

411

F.3d

Roach,

quotations

presented no compelling reason

should

Plaintiff's

complaint,

the

1328,

omitted).

Defendants have
dismiss

litigant."
1330

Because

why this Court

Court

will

allow

Plaintiff's declaratory judgment action to proceed.

Accordingly,
dismiss.

the

Court

DENIES

Defendants'

motions

to

day

of

(Docs. 13, 21.)

ORDER

ENTERED

at

Augusta,

Georgia,

this

August, 2018,

J. RAN^^^

chief judge

UNITED^^TATES DISTRICT COURT

.SOUTH^N DISTRICT OF GEORGIA