Cincinnati Insurance Company v. Wal-Mart Stores, Inc.

Full title: CINCINNATI INSURANCE COMPANY, Plaintiff, v. WAL-MART STORES, INC., et al.…

Court: United States District Court, D. Kansas

Date published: Oct 25, 2005

Civil Action No. 05-2074-CM (D. Kan. Oct. 25, 2005)

Opinion

Civil Action No. 05-2074-CM.

October 25, 2005

MEMORANDUM AND ORDER

CARLOS MURGUIA, District Judge

This matter comes before the court on plaintiff's Motion for Default Judgment (Doc. 23) against defendant Mid-America Promotions, Inc.

THE COURT FINDS that plaintiff has demonstrated that it personally served defendant Mid-America Promotions, Inc.'s registered agent, Sharon K. Arney with Summons and a copy of the Complaint on April 24, 2005 and that no answer, appearance or other responsive pleading has been filed on behalf of defendant Mid-America Promotions, Inc.

THE COURT FURTHER FINDS that the clerk of the court entered default judgment against defendant Mid-America Promotions, Inc. on August 26, 2005 pursuant to Fed.R.Civ.P. 55(a).

THE COURT FURTHER FINDS that default judgment should be entered against defendant Mid-America Promotions, Inc., pursuant to Fed.R.Civ.P. 55(b) for the relief request in plaintiff's complaint as follows:

1. Plaintiff has no obligation under the Mid-America CGL policy to defend or indemnify Wal-Mart or Mass Connections with respect to the underlying Lynn lawsuit; and

2. Plaintiff is entitled to all costs and attorneys' fees allowed by law.

SO ORDERED.