ALLSTATE INSURANCE COMPANY v. MARTIN et al

Filing 20

ORDER ON MOTION FOR DEFAULT JUDGMENT - Allstate's motion for default judgment is GRANTED. Dkt 16 . The Court DECLARES that: under Policy No. 102265027, Allstate Insurance Company has no liability for any claims or damages sought by the Mar tins as plaintiffs in Jeff H. Martin and Susan M. Martin v. Ryan Paul Pierce and John Alan Pierce, Cause No. 11D01-2211-CT-000875, nor is it obligated to defend Ryan and John Pierce in said suit. Final judgment shall issue by separate entry (SEE ORDER FOR DETAILS). Signed by Judge James Patrick Hanlon on 5/17/2023. Copy to Defendants via US Mail. (DWH)

Case 2:23-cv-00031-JPH-MJD Document 20 Filed 05/17/23 Page 1 of 4 PageID #: 169

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
TERRE HAUTE DIVISION
ALLSTATE INSURANCE COMPANY,

)
)
Plaintiff,
)
)
v.
)
)
JEFF H. MARTIN Clerk's Entry of Default )
entered on 4/18/2023.,
)
SUSAN M. MARTIN Clerk's Entry of
)
Default entered on 4/18/23.,
)
RYAN PAUL PIERCE Clerk's Entry of
)
Default entered on 4/18/2023.,
)
JOHN ALAN PIERCE Clerk's Entry of
)
Default entered on 4/18/2023.,
)
)
Defendants.
)

No. 2:23-cv-00031-JPH-MJD

ORDER ON MOTION FOR DEFAULT JUDGMENT
On January 19, 2023, Allstate Insurance Company filed a complaint
against Defendants Jeff and Susan Martin and Ryan and John Pierce, seeking
declaratory judgment. Dkt. 1. The Martins appeared by counsel but have not
responded to the complaint or otherwise defended this case. Dkts. 12, 13. The
Pierces have not responded or defended this case. On April 18, 2023, Clerk's
entry of default was entered against all defendants. Dkt. 15. Allstate now
seeks default judgment. For the reasons below, Allstate's motion for default
judgment is GRANTED. Dkt. [16].
A. Liability
Federal Rule of Civil Procedure 55 creates a two-step process for a party
seeking default judgment. See VLM Food Trading Int’l, Inc. v. Illinois Trading
Co., 811 F.3d 247, 255 (7th Cir. 2016). First, the plaintiff must obtain an entry
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of default from the Clerk. Fed. R. Civ. P. 55(a). Upon default, the well-pleaded
allegations in the complaint relating to liability are taken as true. VLM Food,
811 F.3d at 255. Second, after obtaining entry of default, the plaintiff may
seek an entry of default judgment. Fed. R. Civ. P. 55(b).
Here, an entry of default was issued against all defendants, dkt. 15, and
Allstate seeks default judgment, dkt. 16. Therefore, the allegations in the
complaint, when taken as true, establish liability. See Fed. R. Civ. P. 55(b).
B. Damages
While the Court must accept as true allegations relating to liability,
"damages must be proved unless they are liquidated or capable of calculation."
Wehrs v. Wells, 688 F.3d 886, 892 (7th Cir. 2012). Here, however, Allstate
seeks only a declaration that it is not liable for any claims or damages sought
by the Martins as plaintiffs in the underlying action and is not obligated to
defend Ryan and John Pierce in that underlying suit. Dkt. 1 at 6, 7, 8, 9; dkt.
16 at 2. Because this action seeks a declaratory judgment, Allstate "must
apply to the court for a default judgment." Fed. R. Civ. P. 55(b)(2).
Rule 55(b) requires Allstate to establish the following for the grant of a
default judgment: "(1) when and against what parties the default was entered;
(2) the pleading as to which default was entered; (3) that the defaulting parties
are neither infants nor incompetent; (4) that the defendants are not in military
service; and (5) that notice has been served on the defaulting party." Firemen's
Insurance Company of Washington, D.C. v. Swinney, No. 1:17-cv-00573-TWPTAB, 2017 WL 6620882, at *2 (S.D. Ind. Dec. 27, 2017).
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Here, the Clerk issued entry of default against all defendants on April 18,
2023, "for failure to plead or otherwise defend" in response to Allstate's
complaint. Dkt. 15. And Allstate submitted an affidavit stating that no
defendants "are minors, incapacitated, and/or incompetent," nor is any
defendant a member of the military or naval services. Dkts. 19, 19-1, 19-2.
Allstate also filed Return of Service of Summons showing that the Complaint
and Summons were served on the Pierces on January 25, 2023, via certified
mail and on the Martins on February 6, 2023, via their attorney. Dkts. 9, 10,
11.
Conclusion
Allstate's motion for default judgment is GRANTED. Dkt [16]. The Court
DECLARES that: under Policy No. 102265027, Allstate Insurance Company
has no liability for any claims or damages sought by the Martins as plaintiffs in
Jeff H. Martin and Susan M. Martin v. Ryan Paul Pierce and John Alan Pierce,
Cause No. 11D01-2211-CT-000875, nor is it obligated to defend Ryan and
John Pierce in said suit.
Final judgment shall issue by separate entry.
SO ORDERED.
Date: 5/17/2023

Distribution:
RYAN PAUL PIERCE
4614 S. Whippoorwill Drive
Clay City, IN 47841
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JOHN ALAN PIERCE
4614 S. Whippoorwill Drive
Clay City, IN 47841
All electronically registered counsel

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