Those Certain Underwriters at Lloyd's, London v. Medical Fusion, LLC et al

Filing 62

DEFAULT JUDGMENT in favor of Pltfs Those Certain Underwriters at Lloyd's, London against Deft Jeffrey G. Hedges, D.C. as stated herein. Signed by Chief Judge Martin Reidinger on 2/5/2024. (Pro se litigant served by US Mail.) (ejb)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
Civil Action No. 1:20-cv-00041-MR
THOSE CERTAIN UNDERWRITERS
AT LLOYD’S, LONDON, subscribing
to Certificate No. 492252,
Plaintiffs,
vs.
MEDICAL FUSION, LLC, a North
Carolina limited liability company;
SUPERIOR HEALTHCARE
PHYSICAL MEDICINE OF
HENDERSONVILLE, PC, a dissolved
North Carolina professional
corporation; JEFFREY G. HEDGES,
D.C.; and ANDREW WELLS, D.C.;

DEFAULT JUDGMENT AS TO
JEFFREY G. HEDGES, D.C.

Defendants.
THIS MATTER is before the Court on the Plaintiffs’ Motion for Default
Judgment as to Defendant Jeffrey G. Hedges (the “Defaulting Defendant”)
[Doc. 57].
Having considered the motion and the entire record, the Court enters
the following Order granting the motion and entering Default Judgment
against the Defaulting Defendant identified above as follows:

FINDINGS OF FACT AND CONCLUSIONS OF LAW
1.

The Court has subject matter jurisdiction over this case and

personal jurisdiction over the Defaulting Defendant. Venue is proper in the
Western District of North Carolina.
2.

The Defaulting Defendant identified above was properly served

with a summons and a copy of the Complaint pursuant to Fed. R. Civ. P.
4. Thus, this Defendant has proper notice of this action.
3.

The Defaulting Defendant filed his Answer [Doc. 24] to the

Plaintiffs’ Complaint [Doc. 1] on April 17, 2020. However, thereafter, he
abandoned his defense of this action, and filings sent to his address were
returned undeliverable. [See Doc. 45]. On August 14, 2023, the Court
ordered the Defaulting Defendant to show cause in writing within fourteen
(14) days why an entry of default should not be made against him. [Doc.
50]. He did not respond. As a result, on September 1, 2023, the Court
ordered the Defaulting Defendant’s Answer stricken, and directed the Clerk
to enter a default against him. [Doc. 53].
4.

By virtue of the default and failure to respond, the

Defaulting Defendant is deemed to have admitted the allegations of the
Complaint, and the Plaintiffs have established the propriety of the relief
sought against the Defaulting Defendant. Accordingly, the Court will enter
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the Plaintiffs’ requested declaratory relief as set forth below, pursuant to 28
U.S.C. § 2201 et seq.
Accordingly, IT IS, THEREFORE, ORDERED, ADJUDGED, AND
DECREED that the Plaintiffs’ Motion for Default Judgment [Doc. 57]
is

GRANTED, and Default Judgment is hereby entered against the

Defaulting Defendant, Jeffrey G. Hedges, D.C., as follows:
1.

The Court hereby declares that the allegations contained in the

Government’s Intervention Complaint at 5:16-CV-127-BO do not trigger a
duty to defend or indemnify the Defaulting Defendant under the eMD®/MEDEFENSE® Plus Coverage, Certificate No. 492252 (“the Policy”)
issued by Plaintiffs to Defendant Superior Healthcare Physical Medicine of
Hendersonville, PC, nor does it otherwise trigger coverage thereunder as to
the Defaulting Defendant;
2.

The Court hereby declares that the Policy is rescinded based

on the material misrepresentations made in the application therefor by
Defendant Superior Healthcare Physical Medicine of Hendersonville, PC;
3.

The Court hereby declares the Policy to be null and void

pursuant to Paragraph 26 of the Policy; and
4.

The Court hereby declares the Policy to be forfeited pursuant to

Paragraph 27 of the Policy.
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Further, there being no just reason for delay, pursuant to Rule 54(b) of
the Federal Rules of Civil Procedure, the Clerk is directed to enter this Default
Judgment forthwith and without further notice.
IT IS SO ORDERED.
Signed: February 5, 2024

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