DAIRYLAND INSURANCE COMPANY v. SULLIVAN

Filing 61

ORDER ON PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT ON COMPLAINT FOR DECLARATORY JUDGMENT, EQUITABLE RELIEF, AND BREACH OF CONTRACT AGAINST IDENTIFIED PARTIES-IN-INTEREST 51 Motion for Default Judgment By JUDGE JON D. LEVY. (akr)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MAINE
DAIRYLAND INSURANCE COMPANY,

)
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Plaintiff,
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v.
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MCCARTHUR SULLIVAN,
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Defendant,
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and
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HUMBERTO BARROS, RAVI RAMDEO, )
KAYLEE BABB, and TOWN OF
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BOURNE,
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Parties-In-Interest.
)

2:16-cv-00050-JDL

ORDER ON PLAINTIFF’S MOTION FOR DEFAULT JUDGMENT ON
COMPLAINT FOR DECLARATORY JUDGMENT, EQUITABLE RELIEF,
AND BREACH OF CONTRACT AGAINST IDENTIFIED PARTIES-ININTEREST
This action seeks a declaratory judgment that Plaintiff Dairyland Insurance
Company (“Dairyland”) is entitled to statutorily and equitably rescind various
policies of insurance issued to Defendant McCarthur Sullivan and a judgment
declaring that Dairyland has no obligation under the various policies of insurance
issued to Sullivan to defend or indemnify him or any of the Parties-In-Interest driving
his vehicles at the times of certain referenced accidents. See ECF No. 1.
A summons and copy of the Complaint were served upon Parties-In-Interest
Humberto Barros and Kaylee Babb, as set forth in Dairyland’s motion. ECF No. 51
at 1-2. Entries of default have been entered as to both. ECF No. 44; ECF No. 49.

Neither party has since answered the complaint or in any way responded to the
summons.
Dairyland filed a Motion for Default Judgment on its Complaint for
Declaratory Judgment, Equitable Relief, and Breach of Contract against Barros and
Babb on June 27, 2016. ECF No. 51. There has been no opposition or other objection
to the Motion filed by any party of record. Default judgment against Barros and Babb
will fully and finally determine that they have no right to any liability insurance
proceeds or defense and/or indemnification, respectfully, at issue in the Complaint.
Default judgment on the Complaint will allow the claims against the only named
defendant, McCarthur Sullivan, to move forward more efficiently and with fewer
parties. Default judgment on the Complaint is also appropriate due to the fact that
Sullivan and Dairyland are the only parties in this matter that have admissible firsthand knowledge of the determinative matters at issue.

Resolution of the

determinative matters at issue will be dictated by testimony and evidence from
Sullivan and Dairyland, and not by testimony and evidence submitted by Barros or
Babb.
Because a default judgment against the identified Parties-In-Interest on the
Complaint would be declaratory in nature, the Court can enter judgment against
Barros and Babb without resorting to a hearing. See Fed.R.Civ.P. 55(b)(2)(A)-(D)
(listing potential reasons a court might need to hold a hearing on default judgment,
not applicable in this case).

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Dairyland’s Motion for Default on its Complaint against Parties-In-Interest
Humberto Barros and Kaylee Babb is hereby GRANTED.

I hereby order, in

accordance with Federal Rule of Civil Procedure 55(b) that,
1. Plaintiff Dairyland Insurance Company is entitled to rescind policy
numbers 195564154, 190074250, 190074821, 194562633, 190073516,
190074877, 194561095, 194564275, and 194566905, pursuant to 24-A
M.R.S.A. § 2411;
2. Plaintiff Dairyland Insurance Company is entitled to rescind policy
numbers 195564154, 190074250, 190074821, 194562633, 190073516,
190074877, 194561095, 194564275, and 194566905, pursuant to
equitable rescission; and
3. Plaintiff Dairyland Insurance Company has no obligation under
policy numbers 195564154, 190074250, 190074821, 194562633,
190073516, 190074877, 194561095, 194564275, and 194566905 to
provide any defense or indemnity to Defendant or any of the Parties-InInterest driving the Defendant’s vehicles at the times of the referenced
accidents.
This Order shall be binding against only those Parties-In-Interest identified
herein and shall have no effect on Defendant McCarthur Sullivan, or Parties-InInterest Town of Bourne and Ravi Ramdeo’s ability to contest the claims, unless
otherwise ordered by this Court.
SO ORDERED.
Dated this 30th day of August 2016.
/s/ JON D. LEVY
U.S. DISTRICT JUDGE

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