State Farm Fire and Casualty Company v. Rollins et al

Filing 29

Opinion & Order re: 21 Motion for Default Judgment. Accordingly, State Farm's motion for Default Judgment is GRANTED. ECF No. 21. Ms. Tracie Lovejoy, a defendant in this case, will be bound by the Court's final disposition of the present suit. IT IS SO ORDERED. Signed by District Judge Robert G. Doumar and filed on 4/26/16. Copies distributed to all counsel of record and Ms. Tracie Lovejoy 4/26/16. (ldab, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
NEWPORT NEWS DIVISION

STATE FARM
COMPANY

FIRE

AND CASUALTY

Plaintiff,
CIVILN0.4:13cvl38

TRUDY T. ROLLINS,

K.L.P., a minor, by and through her mother
and next friend TRACIE LOVEJOY,
And,

TRACIE LOVEJOY, individually as mother
and next friend of K.L.P., a minor,
Defendants.

OPINION & ORDER

This matter comes before the Court upon the motion of State Farm Fire and Casualty
Company's Motion for Default Judgment as to Tracie Lovejoy requesting the Court enter an

order of Default as to Tracie Lovey in her individual capacity. ECF No. 21. For the reasons
stated herein, State Farm's Motion for Default Judgment as to Tracie Lovejoy is GRANTED in
that she will be bound by the Court's final judgment in this case. ECF No. 21.
I.

PROCEDURAL HISTORY

On October 16, 2016, State Farm Fire and Casualty Company ("State Farm") commenced
this declaratory judgment action against Trudy T. Rollins ("Rollins"); K.L.P., a minor by and
through her next friend Tracie Lovejoy; and Tracie Lovejoy ("Lovejoy"), individually and as
1

mother and next friend of the minor K.L.P. Compl., ECF No. 1. Pursuant to the Declaratory

Judgment Act, 28 U.S.C. §§ 2201 et seq., State Farm requests a declaration that it owes no duties
under the Homeowners Policy to provide Personal Liability coverage and Medical Payments

coverage for the claims of Lovejoy and K.L.P. arising out of a dog-bite incident that took place
on July 12, 2013. Compl. ^28. Rollins, the insured homeowner, and K.L.P. have appeared and
filed Answers to the Complaint. Lovejoy has yet to make an appearance in this action outside of
a Deposition given February 1,2016. See, ECF No. 19, Ex. 4.
Lovejoy was served with the Summons and Complaint on October 29, 2013. ECF No. 4.

Lovejoy's Answer to the Complaint was due November 27, 2013, no Answer has been filed by

Lovejoy. Additionally, the Summons and Complaint were mailed to Lovejoy on April 4, 2016,
and a Certificate of Mailing was filed with the Court. ECF No. 17. The Clerk entered Default
against Lovejoy on April 5, 2016. ECF No. 20. State Farm has filed a Default Judgment as to
Tracie Lovejoy. ECF No. 21.
II.

MOTION FOR DEFAULT JUDGMENT
A.

Standard of Review

Federal Rule of Civil Procedure 55 sets forth a two-step process for obtaining a default

judgment. Subsection (a) calls for an entry of default when a party has failed to file a responsive

pleading "or otherwise defend" the action within the applicable time limit. Fed. R. Civ. P.
55(a). The entry of default does not automatically entitle a party to a default judgment; rather,
subsection (b) requires the Court take final action following entry of default by the Clerk. Fed.
R. Civ. P. 55(b). "Although the clear policy of the Rules is to encourage dispositions of claims
on their merits, trial judges are vested with discretion, which must be liberally exercised, in
entering such judgments and in providing relief therefrom." United States v. Moradi, 673 F.2d
725, 727 (4th Cir. 1982)(internal citations omitted).

B.

Discussion

Slate Farm argues that default judgment is appropriate as Lovejoy has failed to defend
the present case. Federal Rule of Civil Procedure 12(a) requires that a defendant serve an answer
within twenty-one (21) days of being served with the summons and complaint. Fed. R. Civ. P.
12. Generally a default judgment is warranted where a defendant has failed to plead or otherwise
defend the action. Fed. R. Civ. P. 55. A litigant's pro sc status does not eliminate his obligation

to comply with the Federal Rules of Civil Procedure. Here, Lovejoy, has failed to appear and

has not complied with the Federal Rules; thus, a default judgment is appropriate under the
circumstances.

Lovejoy has failed to defend the case in any way, including filing an opposition to the
Motion for Default Judgment. Lovejoy was properly served with the summons and complaint on
October 29, 2013 and an additional copy was mailed on April 4, 2016. ECF No. 4; ECF No. 17,

Ex. 1. Lovejoy is not incompetent, a minor, or a member of the military protected by the
provisions of the Soldiers' and Sailors' Civil Relief Act, specifically 50 U.S.C. § 3931.

Accordingly, State Farm's motion for Default Judgment is GRANTED. ECF No. 21. Ms.
Tracie Lovejoy, a defendant in this case, will be bound by the Court's final disposition of the
present suit.

The Clerk is DIRECTED to forward a copy of this Order to all counsel of record and
Ms. Tracie Lovejoy.
IT IS SO ORDERED.

—'Stz'"' Ifm'lcASla'JsP'3ttialudi'e.
UNITED STATES DISTRICT JUDGE
Norfolk, VA

April 3£_, 2016