State Farm Fire & Casualty Company v. Greichunos et al

Filing 54

OPINION AND ORDER: The Court hereby GRANTS Plaintiff State Farm Fire and Casualty Company's Motion to Dismiss (DE 53) pursuant to FRCP 41(a)(2). This case is DISMISSED WITH PREJUDICE, costs paid. Signed by Magistrate Judge Paul R Cherry on 6/18/18. (ksp)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
HAMMOND DIVISION
STATE FARM FIRE AND CASUALTY
COMPANY,
Plaintiff,
v.
LUCAS C. GREICHUNOS and
ANTHONY T. CARNS,
Defendants.

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CAUSE NO.: 2:16-CV-389-PRC

OPINION AND ORDER
This matter is before the Court on Plaintiff State Farm Fire and Casualty Company’s Motion
to Dismiss [DE 53], filed on May 31, 2018. Plaintiff State Farm Fire and Casualty Company (“State
Farm”) moves to dismiss this lawsuit pursuant to Federal Rule of Civil Procedure 41(a)(2). Plaintiff
represents that Defendant Anthony T. Carns joins in the motion. Defendant Lucas C. Greichunos has
not filed a response, and the time to do so has passed.
State Farm issued Homeowners Insurance Policy number 14-LG-0207-7, with effective dates
of November 5, 2013, through November 5, 2014 (the “Policy”), to Defendant Lucas C. Greichunos.
Defendant Anthony T. Carns filed a lawsuit against Greichunos in the Lake County, Indiana, Superior
Court under 45D04-1602-CT-00022 (the “Underlying Lawsuit”), seeking to recover damages he
allegedly incurred as a result of a shooting incident that occurred on January 28, 2014, at Greichunos’s
house located at 231 Greiving Street, Dyer, Indiana. Greichunos submitted a claim to State Farm for
defense and potential indemnification for the Underlying Lawsuit. State Farm provided a defense for
Greichunos against the claims of the Underlying Lawsuit pursuant to a reservation of rights.
State Farm filed this declaratory judgment action on September 1, 2016, seeking a declaration
as to State Farm’s obligations to Greichunos with respect to the defense and indemnification of the
Underlying Lawsuit. Both Greichunos and Carns filed answers to State Farm’s Complaint in this case,

but neither filed a counterclaim against State Farm. The deadline for amending the pleadings in this
case was July 12, 2017, and neither Greichunos nor Carns filed a motion to amend the pleadings to
make a counterclaim against State Farm prior to the expiration of the deadline for amending the
pleadings. The November 30, 2017 discovery deadline has passed. Greichunos’s initial disclosures
stated that “part (ii) to Rule 26(a)(1)(a), which requests a computation of any category of damages by
a disclosing party, is not applicable to Lucas C. Greichunos because he does not seek damages.” (ECF
53, Ex. 1). State Farm represents that it settled any and all potential liability of Greichunos to Carns
in the Underlying Lawsuit, with no contribution from Greichunos, and obtained a full release of
Greichunos and State Farm from Carns. The parties to the Underlying Lawsuit filed a stipulation of
dismissal in that matter on May 3, 2018. (ECF 53, Ex. 2). An Order dismissing the Underlying
Lawsuit, with prejudice, was entered on May 7, 2018. (ECF 53, Ex. 3). State Farm provided a defense
to Greichunos for the duration of the Underlying Lawsuit.
The purpose for which the Complaint was filed in this case has been rendered moot, and State
Farm seeks no further relief. Greichunos did not file a Counterclaim that asserted any claim for
damages against State Farm, and Greichunos confirmed in a discovery response, which was never
supplemented, that he “does not seek damages.” Under these circumstances, the Court finds that
dismissal under Federal Rule of Civil Procedure 41(a)(2) is proper.
CONCLUSION
Accordingly, the Court hereby GRANTS Plaintiff State Farm Fire and Casualty Company’s
Motion to Dismiss [DE 53] and ORDERS that this case is DISMISSED with prejudice, costs paid.
SO ORDERED this 18th day of June, 2018.
s/ Paul R. Cherry
MAGISTRATE JUDGE PAUL R. CHERRY
UNITED STATE DISTRICT COURT

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