STATE FARM FIRE AND CASUALTY COMPANY v. R. et al

Filing 21

ORDER. For the reasons stated in the Order filed herewith, Plaintiff's Motions for Entry of Default Judgment (Docs. 15 , 16 and 17 ) are GRANTED. Signed by Judge Cathy Bissoon on 8/30/16. (jwr)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
STATE FARM FIRE AND CASUALTY
COMPANY,
Plaintiff,
v.
G.R., et al.,
Defendants.

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Civil Action No. 16-37
Judge Cathy Bissoon

ORDER
For the reasons that follow, Plaintiff’s Motions for Entry of Default Judgment (Docs. 15,
16 and 17) will be granted.
On January 8, 2016, Plaintiff State Farm Fire and Casualty Company filed a Complaint
for Declaratory Judgment against minor G.R., George Root and Tina Root seeking a declaratory
judgment that it is under no duty to defend or indemnify Defendants in the Civil Action 15-1089,
Doe v. Neshannock Twp. Sch. Dist. et al. under the terms of the State Farm Policy. Defendants
were served by a process server on January 20, 2016. (Docs. 5, 6 and 7). Defendants’ Answers
were due on February 10, 2016. No Answers or other responses were filed. On March 9, 2016,
Plaintiff filed a request for entry of default against all Defendants. The Clerk entered default as
to all Defendants on March 10, 2016. On March 24, 2016, Plaintiff filed the instant Motions for
Default Judgment (Docs. 15, 16 and 17). As Defendants have not answered or otherwise
responded to the Complaint in accordance with Federal Rule of Civil Procedure 12(a), Plaintiff’s
Motions for Entry of Default Judgment (Docs. 15, 16 and 17) are GRANTED.
Consistent with the foregoing, DEFAULT JUDGMENT is granted in favor of Plaintiff
and against all Defendants.

IT IS HEREBY ORDERED that State Farm Fire and Casualty Company has no duty to
defend or indemnify the Defendants George Root or Tina Root for any punitive damages
assessed in the Civil Action 15-1089, Doe v. Neshannock Twp. Sch. Dist. et al., under State
Farm Fire and Casualty Company policy number 38-QA-1234-6. IT IS FURTHER ORDERED
that State Fire Farm and Casualty has no duty to defend or indemnify Defendant G.R. in the
Civil Action 15-1089, Doe v. Neshannock Twp. Sch. Dist. et al., under State Farm Fire and
Casualty Company policy number 38-QA-1234-6.
IT IS SO ORDERED.

August 30, 2016

cc (via ECF email notification):
All Counsel of Record

s/Cathy Bissoon
Cathy Bissoon
United States District Judge