Acuity, A Mutual Insurance Company v. Swan et al

Filing 34

ORDER granting 33 Motion for Default Judgment solely against defendant James Swan. Defendant Hardin Ready Mix, Inc. remains party to action. Signed by Judge David R. Herndon on 01/11/2017. (kmb2, )

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
ACUITY, A Mutual Insurance Company,
Plaintiff,
v.

No. 3:16-cv-00865-DRH-SCW

JAMES SWAN and HARDIN
READY MIX, INC.,
Defendants.
DEFAULT JUDGMENT AGAINST JAMES SWAN
Comes now the Plaintiff, ACUITY, A Mutual Insurance Company, by
counsel, the firm of Jackson Kelly PLLC, and submits to the Court its Verified
Amended Motion for Default Judgment against Defendant, James Swan.
And the Court, being duly advised, finds that it has jurisdiction over the
parties and subject matter of this action and that the Defendant, James Swan,
received service of the Complaint and Summons, is not in the military service of
the United States and has failed to answer or otherwise defend the Complaint, so
that Default Judgment should be entered against Defendant, James Swan.
IT

IS

THEREFORE

CONSIDERED

ORDERED,

ADJUDGED

AND

DECREED that the Plaintiff’s Verified Amended Motion for Default Judgment
against Defendant, James Swan, should be and hereby is granted, and that the
Plaintiff hereby has and takes against Defendant, James Swan, a judgment as
follows:

a.

That James Swan is prohibited from arguing that there is coverage

for Hardin Ready Mix, Inc. for the Underlying Action under the Policy;
b.

That James Swan is prohibited from arguing that Acuity owes a duty

to defend Hardin Ready Mix, Inc. in the Underlying Action under the Policy;
c.

That James Swan is prohibited from arguing that Acuity owes a duty

to indemnify Hardin Ready Mix, Inc. in the Underlying Action under the Policy;
and,
d.

For entry of judgment in Acuity’s favor and against James Swan

accordingly.
IT IS SO ORDERED.
Signed this 11th day of January, 2017.

Digitally signed by
Judge David R.
Herndon
Date: 2017.01.11
14:59:38 -06'00'
UNITED STATES DISTRICT JUDGE