Opinion
Civil Action No 99-CV-4209
December 27, 2003
MEMORANDUM/ORDER
On August 20, 1999, the Commonwealth of Pennsylvania filed a complaint in this court against Rand Financial Corp. ("Rand"), John Magadini and James Easton ("Easton") under the Pennsylvania Hazardous Sites Cleanup Act ("HSCA") and the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA") to recover the response costs associated with the cleanup of the Leighton Industries Site. Easton, on January 10, 2001, filed a Third Party Complaint for contribution "against the Third Party Defendants listed below," asserting that the listed Third Party Defendants were strictly, jointly and severally liable to the full extent of Easton's liability to the Pennsylvania Department of Environmental Protection ("DEP"). Bombat Sports, Inc. ("Bombat") was explicitly listed as one of the third-party defendants in Easton's complaint but Rand was not. Both Bombat and Rand were served with the complaint, and neither responded.
On April 21, 2003, after entering into a consent decree with the DEP in which he assumed liability to DEP for $600,000, Easton brought this default judgment motion against Bombat and Rand. Because Bombat was listed as a third-party defendant in Easton's complaint and failed to respond to the complaint, default judgment against Bombat, pursuant to Fed.R.Civ.P. 55(b)(2), is proper. However, because Easton did not name Rand in the complaint default judgment against Rand cannot be granted.
For the reasons stated above, it is hereby ORDERED that James Easton's Motion for Default Judgment (#87) is GRANTED with respect to Bombat Sports, Inc., and DENIED with respect to Rand Financial, Corp. Judgment is entered against Bombat in the amount of $600,000.