Bethel et al v. Brumley-Rebholz et al

Filing 32

ORDER granting Plaintiffs' 29 Motion for Default Judgment Against Defendant West Chester Hospital, LLC. Signed by Judge Timothy S. Black on 4/25/19. (rrs)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
MARTHA BETHEL, et al.,
Plaintiffs,
vs.
GOLDEN RULE INSURANCE
COMPANY, et al.,
Defendants.

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Case No. 1:18-cv-354
Judge Timothy S. Black

ORDER GRANTING PLAINTIFFS’
MOTION FOR DEFAULT JUDGMENT (Doc. 29)
AGAINST DEFENDANT WEST CHESTER HOSPITAL, LLC
This case is before the Court on the Motion of Plaintiffs Martha Bethel and
Richard Bethel for Default Judgment against Defendant West Chester Hospital, LLC
(“Defendant” or “West Chester Hospital”). (Doc. 29). Defendant did not respond.
I.

PROCEDURAL HISTORY

Plaintiffs filed their Complaint on April 25, 2018 in the Warren County, Ohio
Court of Common Pleas. (Doc. 3). The case was removed to federal court on May 22,
2018. (Doc. 1). On October 18, 2018, Plaintiffs filed an Amended Complaint naming
West Chester Hospital as a defendant in this action. (Doc. 15).
West Chester Hospital was served with a copy of the summons and Amended
Complaint on January 3, 2019. (Doc. 22). Pursuant to Federal Rule of Civil Procedure
12(a), Defendant was required to file and serve its answer no later than January 24, 2019.
To date, no responsive pleading has been filed or served. On March 19, 2019, the Clerk

properly entered default. (Doc. 28). Subsequently, Plaintiffs filed the instant motion for
default judgment. (Doc. 29).
II.

FACTUAL BACKGROUND

Plaintiff Martha Bethel was a patient at West Chester Hospital from October 1,
2016 to October 26, 2016. West Chester Hospital submitted an invoice to Plaintiffs for
treatment in the amount of $75,845.65, account numbers 40760316 and 40776764. (Doc.
29 at 22–24).
Plaintiffs’ Amended Complaint relates to a dispute with Defendant Golden Rule
Insurance Company regarding Plaintiffs’ health insurance coverage. (Doc. 15 at ¶¶ 27–
33, 36–46). Plaintiffs named Defendant West Chester Hospital in this action so West
Chester Hospital could assert any claims that it may have in this case concerning the
payment of the invoices for services rendered. Now that default has been entered against
Defendant West Chester Hospital, Plaintiffs request that the Court enter default judgment
against West Chester Hospital barring it from seeking to collect any amount of money for
the treatment rendered to Plaintiff Martha Bethel.
III.

STANDARD OF REVIEW

Applications for default judgment are governed by Fed. R. Civ. P. 55(b)(2).
Following the clerk’s entry of default pursuant to Fed. R. Civ. P. 55(a) and the party’s
application for default under Rule 55(b), “the complaint’s factual allegations regarding
liability are taken as true, while allegations regarding the amount of damages must be
proven.” Murasaki v. Davenport, Allen & Malone, Inc., No. 2:09-cv-298, 2010 U.S.

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Dist. LEXIS 86241, at *1 (E.D. Cal. Aug. 23, 2010) (citing Dundee Cement Co. v.
Howard Pipe & Concrete Products, 722 F.2d 1319. 1323 (7th Cir. 1983)).
While liability may be shown by well-pleaded allegations, this Court is required to
“conduct an inquiry in order to ascertain the amount of damages with reasonable
certainty.” Osbeck v. Golfside Auto Sales, Inc., No. 07-14004, 2010 U.S. Dist. LEXIS
62027, at *5 (E.D. Mich. June. 23, 2010). To do so, the civil rules “require that the party
moving for a default judgment must present some evidence of its damages.” Mill’s
Pride, L.P. v. W.D. Miller Enter., No. 2:07-cv-990, 2010 U.S. Dist. LEXIS 36756, at *1
(S.D. Ohio Mar. 12, 2010).
IV.

ANALYSIS

Defendant West Chester Hospital having defaulted, the factual allegations in the
complaint, except those related to the amount of damages, are deemed true. Antoine v.
Atlas Turner, Inc., 66 F.3d 105, 110 (6th Cir. 1995). Upon review of the record, the
Court finds that default judgment is warranted in this case. Defendant’s failure to
respond to the Amended Complaint, the application for entry of default, or the motion for
default judgment has made it clear that Defendant West Chester Hospital has no intention
of defending this action. The record establishes that Plaintiffs are entitled to default
judgment in their request for declaratory judgment that Defendant West Chester Hospital
be barred from asserting any claims that it may have pertaining to Patient Account
numbers 40760316 and 40776764, totaling $75,845.65.

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V.

CONCLUSION

For these reasons, Plaintiffs’ motion for default judgment against Defendant West
Chester Hospital, LLC (Doc. 29) is GRANTED. Accordingly, the Court orders that
Defendant West Chester Hospital, LLC is barred from seeking to collect any monies from
Plaintiffs pertaining to Account Numbers 40760316 and 40776764 for dates of service
October 1, 2016 through October 26, 2016, totaling $75,845.65.
IT IS SO ORDERED.
Date:

4/25/19

Timothy S. Black
United States District Judge

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