Allied World Specialty Insurance Company v. MRL Plumbing LLC et al

Filing 67

ORDER allowing MRL Plumbing, LLC, until January 11, 2018, to file a response in opposition to Plaintiff's 60 motion for default judgment. Signed by Magistrate Judge Shiva V. Hodges on 12/12/2017. (bgoo)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
ROCK HILL DIVISION
Allied World Specialty Insurance
Company, f/k/a Darwin National
Assurance Company,
Plaintiff,
vs.
MRL Plumbing, LLC; Michael Lobdell;
and Patricia Lobdell,
Defendants.

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C/A No.: 0:16-3030-TLW-SVH

ORDER

This matter comes before the court on the motion [ECF No. 60] of Plaintiff for a
default judgment against defendant MRL Plumbing. The motion is accompanied by the
affidavit of James A. Keating, Assistant Vice-President for Plaintiff. The docket reflects
that default was entered against MRL Plumbing on August 3, 2017, as it had failed to
obtain new counsel or otherwise defend in this case as directed to do so. [ECF Nos. 50,
53, 56]. The Honorable Terry L. Wooten, Chief United States District Judge, accepted the
recommendation of the undersigned that a determination of damages be made upon
Plaintiff’s filing of a motion for default judgment. [ECF Nos. 50, 53].
Default having been entered against MRL Plumbing, it is deemed to have admitted
the factual allegations of the amended complaint. All that remains is assessing the amount
of damages against MRL Plumbing. By its motion, Plaintiff asks that judgment be
entered against MRL Plumbing for $607,437.25.1 MRL Plumbing has until January 11,

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Plaintiff also requests the court order MRL Plumbing to post collateral of $407,272.

2018, to file a response in opposition to Plaintiff’s motion for default judgment. If MRL
Plumbing fails to respond substantively and adequately, through an attorney admitted to
practice before this court, the undersigned intends to recommend the court grant the
motion and enter default judgment against MRL Plumbing in the amount requested in
Plaintiff’s motion.
IT IS SO ORDERED.

December 12, 2017
Columbia, South Carolina

Shiva V. Hodges
United States Magistrate Judge

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Federal Rule of Civil Procedure 55. Default; Default Judgment
(a) Entering a Default. When a party against whom a judgment for affirmative relief is
sought has failed to plead or otherwise defend, and that failure is shown by affidavit or
otherwise, the clerk must enter the party's default.
(b) Entering a Default Judgment.
(1) By the Clerk. If the plaintiff's claim is for a sum certain or a sum that can be
made certain by computation, the clerk--on the plaintiff's request, with an affidavit
showing the amount due--must enter judgment for that amount and costs against a
defendant who has been defaulted for not appearing and who is neither a minor
nor an incompetent person.
(2) By the Court. In all other cases, the party must apply to the court for a default
judgment. A default judgment may be entered against a minor or incompetent
person only if represented by a general guardian, conservator, or other like
fiduciary who has appeared. If the party against whom a default judgment is
sought has appeared personally or by a representative, that party or its
representative must be served with written notice of the application at least 7 days
before the hearing. The court may conduct hearings or make referrals--preserving
any federal statutory right to a jury trial--when, to enter or effectuate judgment, it
needs to:
(A) conduct an accounting;
(B) determine the amount of damages;
(C) establish the truth of any allegation by evidence; or
(D) investigate any other matter.
(c) Setting Aside a Default or a Default Judgment. The court may set aside an entry of
default for good cause, and it may set aside a final default judgment under Rule 60(b).
(d) Judgment Against the United States. A default judgment may be entered against the
United States, its officers, or its agencies only if the claimant establishes a claim or right
to relief by evidence that satisfies the court.

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