Trumbull Insurance Company v. Action Target Inc et al
| Trumbull Insurance Company |
| Action Target Inc, Christopher Conrad, Jr, Christopher Conrad, Sr and Gail Thomas |
| 4:2022cv00178 |
| January 19, 2022 |
| US District Court for the District of South Carolina |
| R Bryan Harwell |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Declaratory Judgment |
| None |
Docket Report
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This docket was last retrieved on December 2, 2022. A more recent docket listing may be available from PACER.
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| Filing 25 DEFAULT JUDGMENT is entered against defendant Christopher Conrad, Jr and this case is closed. (hcic, ) |
Filing 24
ORDER granting #22 Motion for Default Judgment. Signed by Chief Judge R Bryan Harwell on 12/2/2022. (hcic, )
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| Filing 23 DELETION OF DOCKET ENTRY NUMBER 21. Reason: Incorrect event used. Refiled at #22 on the same day as original filing, 11/7/2022. (hcic, ) |
| Filing 22 MOTION for Default Judgment as to Christopher Conrad, Jr. by Trumbull Insurance Company. Response to Motion due by 11/21/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit Exhibit A - State Filing)No proposed order.(Wallace, R) |
| Filing 19 STIPULATION of Dismissal With Prejudice as to Gail Thomas by Trumbull Insurance Company. (Wallace, R) |
| Filing 18 NOTICE of Appearance by Mark Joseph Bringardner on behalf of Gail Thomas (Bringardner, Mark) |
| Filing 16 ACCEPTANCE OF SERVICE OF COMPLAINT by Trumbull Insurance Company. (Attachments: #1 Acceptance of Service of Complaint by Defendant Gail Thomas)(Wallace, R) |
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Filing 14
TEXT ORDER denying, without prejudice, Plaintiff's #12 motion for default judgment. Plaintiff's #12 motion for default judgment is insufficient. First, the motion references a "Fire Loss," when this action clearly arose from an automobile accident not a fire loss. Compare ECF No. 1 and ECF No. 12 at 2. Second, the motion seeks a judgment for costs of the investigation, attorney's fees and costs, and consequential damages. Id. However, no documents have been filed supporting these requests - no time sheets, invoices, etc. More importantly, however, Plaintiff seeks a default judgment while failing to serve the injured interested third-party, Gail Thomas. Plaintiff's complaint seeks, among other things, "[a] judgment declaring Plaintiff Trumbull Insurance Company is not obligated to pay any sums to Gail Thomas." ECF No. 1 at 9. Although the Court is aware that "when an insurer brings a declaratory judgment action against the insured and the injured third party, injured third parties...'acquire[ ] standing-independent of that of the insured-to defend itself in the declaratory judgment proceeding.'" Penn Am. Ins. Co. v. Valade, 28 F. App'x 253, 257 (4th Cir. 2002). The Court declines to enter a default judgment at this juncture, when an interested third party, Gail Thomas, has not even been served with the lawsuit, or at the least, proof of service has not been filed with this Court, and when Plaintiff specifically seeks a declaratory judgment that it is "not obligated to pay any sums to Gail Thomas." The Court denies Plaintiff's motion for default judgment, without prejudice, for the multitude of reasons stated above. Signed by Chief Judge R Bryan Harwell on 8/4/2022.(tmcb, )
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Filing 13
TEXT ORDER REGARDING SERVICE OF DEFENDANT Gail Thomas: This case was filed on January 19, 2022. Summonses were issued on January 20, 2022. The docket, however, reflects that Defendant Gail Thomas has never been served. The Federal Rules of Civil Procedure ("FRCP") require a Plaintiff to file proof of service of a Defendant pursuant to Rule 4(l); however, as of the date of this Order, Plaintiff has not filed such as to Defendant Gail Thomas. Pursuant to Rule 4(m) of the FRCP, service of the summons and complaint must be effected within 90 days after the filing of the Complaint, or for removal cases, within 90 days from the date of removal. See Fed. R. Civ. P. 4(m); Wallace v. Microsoft Corp., 596 F.3d 703, 706 (10th Cir. 2010). If Plaintiff fails to comply within such time limitation, the Court may on its own initiative dismiss the action against that defendant after notice to the plaintiff. See id.; Local Rule 4.01 (D.S.C.). Therefore, the Court hereby provides notice to the Plaintiff that it will dismiss this action against Defendant Gail Thomas, without prejudice, ten days from the date of this Order if proof of service has not been filed within this time. In the event Defendant Gail Thomas has not been served, to avoid dismissal, Plaintiff must show good cause for failure to timely serve the Defendant Gail Thomas. See Martinez v. United States, 578 Fed. App'x 192, 193 (4th Cir. 2014) ("A plaintiff may escape dismissal for failure to timely serve process only if she demonstrates 'good cause' for the delay." (quoting Fed. R. Civ. P. 4(m))). Signed by Chief Judge R Bryan Harwell on 8/4/2022. (tmcb, )
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| Filing 12 MOTION for Default Judgment as to Christopher Conrad, Jr. by Trumbull Insurance Company. Response to Motion due by 7/19/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Wallace, R) |
| Filing 11 REQUEST FOR ENTRY OF DEFAULT JUDGMENT byTrumbull Insurance Company . (Wallace, R) |
| Filing 10 Clerk's ENTRY OF DEFAULT as to Christopher Conrad, Jr. (hcic, ) |
| Filing 9 REQUEST FOR ENTRY OF DEFAULT byTrumbull Insurance Company. (Wallace, R) |
| Filing 8 AFFIDAVIT of Default by Trumbull Insurance Company. Party not an infant, not incompetent, nor in the military, has been served on June 3, 2022. (Wallace, R) |
| Filing 7 SUMMONS Returned Executed by Trumbull Insurance Company. Christopher Conrad, Jr served on 6/3/2022, answer due 6/24/2022. (Wallace, R) Modified on 6/7/2022 to correct event type (hcic, ). (Main Document 7 replaced on 6/8/2022 with corrected document provided by filer) (hcic, ). |
| Filing 5 AMENDED COMPLAINT against Christopher Conrad, Jr, Gail Thomas, filed by Trumbull Insurance Company. Service due by 8/23/2022 (Wallace, R) |
| Filing 4 Summons Issued as to Action Target Inc, Christopher Conrad, Jr, Christopher Conrad, Sr, Gail Thomas. Service due by 4/20/2022. (hcic, ) |
| Filing 3 Local Rule 26.01 Answers to Interrogatories by Trumbull Insurance Company.(hcic, ) |
| Filing 1 COMPLAINT against Action Target Inc, Christopher Conrad, Jr, Christopher Conrad, Sr, Gail Thomas (filing fee $402 receipt number ASCDC-10288307), filed by Trumbull Insurance Company. (hcic, ) |
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