Essex Insurance Company v. Knight et al

Filing 39

ORDER granting 34 Motion for Default Judgment as to Duck & Son Roofing Inc. a/k/a Duck & Son, Inc. Signed by Honorable J Michelle Childs on 10/4/2013.(asni, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
AIKEN DIVISION
Essex Insurance Company,

)
)
Plaintiff,
)
v.
)
)
Jackie T. Knight and Ronald G.
)
Nichols, individually and on behalf )
of all others similarly situated, Adiz, )
LLC, ATC Development Corp., and )
ATC Construction, LLC, Duck &
)
Son Roofing, Inc. a/k/a Duck & Son, )
Inc.,
)
)
Defendants.
)
______________________________)

Civil Action No. 1:13-00251-JMC

ORDER OF DEFAULT JUDGMENT AS
TO DUCK & SON ROOFING, INC A/K/A
DUCK & SON, INC.

This matter is before the court by way of a motion by Plaintiff Essex Insurance Company
(“Plaintiff”) for default judgment as to Defendant Duck & Son Roofing, Inc. a/k/a Duck & Son,
Inc. (“Defendant”), pursuant to Fed. R. Civ. P. 55(b)(2). (ECF No. 34.)
On January 25, 2013, Plaintiff filed this action against Defendant, Jackie T. Knight,
Ronald G. Nichols, Adiz, LLC, ATC Development Corp., and ATC Construction, LLC, seeking
a declaration that the claims in an underlying state court action do not give rise to a duty to
indemnify under several commercial general liability insurance policies.

(ECF No. 1.)

Defendant failed to answer the complaint and Plaintiff requested entry of default on June 11,
2013, which the Clerk entered on the same day. (See ECF Nos. 23, 24.) Thereafter, on August
29, 2013, Plaintiff filed the instant, unopposed motion for default judgment as to Defendant.
(ECF No. 34.)
Based on the foregoing, and upon consideration of the summons and complaint, the

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affidavit of due diligence, the affidavit of publication, the affidavit of default, and the motion for
default judgment by Plaintiff, the court finds that Defendant is in default in this matter.
It is, therefore, ordered, adjudged and decreed that Defendant Duck & Son Roofing, Inc.
a/k/a Duck & Son, Inc., is in default, and that there is no coverage under the insurance policies
as set forth in complaint.
IT IS SO ORDERED.

United States District Judge
October 4, 2013
Greenville, South Carolina

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