Grange Mutual Casualty Company v. Allen et al

Filing 33

ORDER GRANTING MOTIONS FOR DEFAULT JUDGMENT 21 22 32 . Signed by Chief Judge J. Daniel Breen on 9/4/14. (Breen, J.)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
EASTERN DIVISION
GRANGE MUTUAL CASUALTY CO.,
Plaintiff,
v.

No. 13-1295

JOHN H. ALLEN, et al.,
Defendants.
_____________________________________________________________________________
ORDER GRANTING MOTIONS FOR DEFAULT JUDGMENT
_____________________________________________________________________________
Before the Court are the May 23, 2014 motions of the Plaintiff for default judgment against
Defendants Brad Crouch d/b/a C&C Construction and Rodger Coffman d/b/a C&C Construction
(collectively, "C&C"). (D.E. 21, 22.) The motions were referred to the United States Magistrate
Judge for report and recommendation on May 28, 2014. (D.E. 24.) On July 22, 2014, the magistrate
judge recommended that an order agreed to by the parties be entered. (D.E. 32.) As no objection
to the report and recommendation has been filed and the time for such objection has expired, the
order agreed to by the parties and recommended by the magistrate judge follows.
Considering Plaintiff's motion and Defendants' responses, the motion for default judgment
against C&C is well-taken and should be granted. Although the motions are well-taken, based upon
the cases of Morell v. Star Taxi, 343 F. App'x 54 (6th Cir. 2009), Federal Kemper Insurance Co. v.
Rauscher, 807 F.2d 345 (3d Cir. 1986), and similar cases, default judgment against C&C shall in
no manner restrict or prevent the remaining party Defendants from defending the present action.
Further, the principles of res judicata and collateral estoppel shall be inapplicable as they relate to
the remaining party Defendants, which shall be allowed to litigate all factual disputes and legal

issues fully and completely within this action.
IT IS THEREFORE ORDERED that Plaintiff's motions for default judgment against C&C
are hereby GRANTED; and
IT IS FURTHER ORDERED that the default judgments against these Defendants shall not
in any way preclude any remaining party Defendants from defending this matter. Further, the
default judgments against C&C shall in no way prevent, prejudice, or restrict the remaining
Defendants from asserting any position with regard to Plaintiff's obligations under the policies of
insurance at issue to any Defendant including C&C.
IT IS SO ORDERED this 4th day of September 2014.
s/ J. DANIEL BREEN
CHIEF UNITED STATES DISTRICT JUDGE

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