The Burlington Insurance Company

Filing 33

ORDER acknowledging 31 stipulation filed by plaintiff and defendants (excluding Amos Blanchard) and directing the Clerk to enter judgment pursuant to FRCP 54(g) and denying as moot 30 motion for leave to file a response to show cause order and answer out of time filed by defendants (excluding Amos Blanchard). Plaintiff's show cause response is due by 4/20/2011 or the Clerk is directed to close the file. Signed by Chief Judge David R. Herndon on 4/13/2011. (msdi, )

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
THE BURLINGTON INSURANCE CO.,
Plaintiff,
v.
MADISON GARRETT, SR., MEDORA
GARRETT, PHILLIPS-GARRETT INC.,
d/b/a GARRETT’S PINK SLIP EXOTIC
BAR, and AMOS BLANCHARD,
Defendants.

No. 10-cv-00817-DRH

ORDER
HERNDON, Chief Judge:
Before the Court is a stipulation (Doc. 31) entered into between plaintiff
The Burlington Insurance Company and defendants Madison Garrett, Sr., Medora
Garrett, and Phillips-Garrett Inc., d/b/a Garrett’s Pink Slip Exotic Bar (collectively the
Garrett defendants unless context requires otherwise), and the Garrett defendants’
motion for leave to file a response to show cause order and answer out of time (Doc.
30). For the reasons that follow, the Court ACKNOWLEDGES the stipulation (Doc.
31) and DIRECTS the Clerk to enter judgment pursuant to Federal Rule of Civil
Procedure Rule 54(b). The motion for leave to file a response to show cause order
and answer out of time (Doc. 30) is DENIED as moot.
This case involves a declaratory judgment action brought by plaintiff
against the Garrett defendants and defendant Amos Blanchard. Specifically,
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plaintiff seeks a declaratory judgment that it does not have a duty to defend or
indemnify the Garrett defendants in Blanchard's state law suit against the Garrett
defendants. Blanchard's state law claims stem from a gun shot injury he
sustained while at Garrett's Pink Slip Exotic Bar. Plaintiff added Blanchard to the
declaratory judgment action as a potential necessary party only and no affirmative
relief is sought against him.
In plaintiff and the Garrett defendants’ stipulation (Doc. 31), they
stipulate that the Garrett defendants are named in a civil action in state court,
that the Garrett defendants sought coverage for the state court suit under a policy
issued by plaintiffs to the Garrett defendants, and that plaintiff denied that it had
any obligation to defend or indemnify the Garrett defendants in the state suit.
They further stipulate that plaintiff brought this declaratory action against the
Garrett defendants and Blanchard and that the Garrett defendants now concede
that no coverage exists for the claims against them in the state suit. Accordingly,
they request the Court to enter a judgment against the Garrett defendants and in
favor of plaintiff.
Pursuant to Federal Rule of Civil Procedure Rule 54(b), "the court
may direct entry of a final judgment as to one or more, but fewer than all, claims
or parties only if the court expressly determines that there is no just reason for
delay." FED . R. CIV. PRO . 54(b). Here, the only claim remaining would be
plaintiff’s complaint for declaratory judgment against defendant Blanchard, which
as we noted above was only named as a potential necessary party and no
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affirmative relief is being sought against him. The Court finds that there is no just
reason for delaying entry of judgment in favor of plaintiff against the Garrett
defendants. Therefore, the Court ACKNOWLEDGES plaintiff and the Garrett
defendants’ stipulation (Doc. 31) and FINDS that there is no just reason for delay
of entry of judgment in favor of plaintiff and against the Garrett defendants only.
The Court directs the Clerk to enter judgment pursuant to Rule 54(b) accordingly.
As to plaintiff’s remaining claim against defendant Blanchard, plaintiff is ordered
to show cause why its claim against Blanchard should not be dismissed and the
case closed. Plaintiff has until April 20, 2011, to do so. Otherwise, the Clerk is
directed to close the file.
IT IS SO ORDERED.
Signed this 13th day of April, 2011.
Digitally signed by
David R. Herndon
Date: 2011.04.13
13:39:15 -05'00'

Chief Judge
United States District Court

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