City of Dayton, Ohio v. A.R. Environmental, Inc. et al

Filing 110

ORDER RESCINDING SHOW CAUSE ORDERS TO THIRD-PARTY DEFENDANTS AGIS SURETY COMPANY AND AMERICAN CONTRACTORS INDEMNITY COMPANY. Signed by Magistrate Judge Michael J Newman on 09/28/12. (pb1)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
CITY OF DAYTON,

:
Case No. 3:11-cv-383

Plaintiff,
-vs-

:

Magistrate Judge Michael J. Newman
(Consent Case)

A.R. ENVIRONMENTAL, INC., et al.,
Defendants.

:

ORDER RESCINDING SHOW CAUSE ORDERS TO THIRD-PARTY
DEFENDANTS AGIS SURETY COMPANY AND AMERICAN CONTRACTORS
INDEMNITY COMPANY

On September 20, 2012, the Court issued separate Orders to Third-Party Defendants Agis
Surety Company (“Agis”) and American Contractors Indemnity Company (“ACI”) for each
company to show cause why a default judgment should not be entered against it. See docs. 106,
107. Pursuant to the Court’s Orders, the Clerk mailed copies of these Show Cause Orders to the
address where the summonses were executed:

c/o Anthony Balzano, Agis Surety

Company/American Contractors Indemnity Company, 5953 Glenway Avenue, Cincinnati, Ohio
45238. See docs. 88, 89.

On September 25, 2012, counsel for Third-Party Defendant American

Contracting Services, Inc. (“ACI”) (a party that is now dismissed from this case) filed a Notice
advising the Court that Anthony Balzano is not an agent of either Agis or ACI, and not authorized to
accept service for either company. See doc. 108.

The Court cannot issue a default judgment against a party who has not been properly served.
LSJ Inv. Co. v. O.L.D., Inc., 167 F.3d 320, 322 (6th Cir. 1999). Accordingly, the Court’s previous
Show Cause Orders to Agis and ACI (docs. 106, 107) are hereby RESCINDED.

September 28, 2012

s/ Michael J. Newman
United States Magistrate Judge