Evanston Insurance Company v. Morgan County Sheriff et al

MOTION for Clerk's Entry of Default for Anita Burnham

S.D. Ind.February 1, 2018

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION EVANSTON INSURANCE COMPANY, as successor by merger to ESSEX INSURANCE COMPANY, Plaintifi, v. MORGAN COUNTY SHERIFF, ANITA BURNAM, RACHEL MUNDY, CHRISTINA ANDERSON, BOBBIE ANTHIS, MALLORY SCHWAB, ERIC MULLIKIN, VIENNA MARTIN, JARED SMITH, KRIS DARLING, and ROBERT ANDREWS, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. 1:16-cv-03396-TWP-TAB PLAINTIFF'S REQUEST FOR ENTRY OF DEFAULT AGAINST DEFENDANT ANITA BURNHAM In accordance with Federal Rule of Civil Procedure 55(a), Plaintiff, Evanston Insurance Company, as successor by merger to Essex Insurance Company ("Essex"), by and through its undersigned counsel, respectfully requests that the Clerk of the Court enter default in this matter against Defendant Anita Burnham on the ground that said Defendant failed to appear or otherwise respond to the Complaint for Declaratory Judgment ("Complaint") within the time prescribed by the Federal Rules of Civil Procedure. In support of this Request, Evanston submits the Affidavit of Wendy N. Enerson and states as follows: 1. On December 16, 2016, Evanston filed a Complaint for Declaratory Judgment ("Complaint") for the purposes of determining questions of actual controversy between the parties and construing the rights and legal relations arising from a contract of insurance that Essex issued to Advanced Correctional Healthcare, Inc. ("ACH"). LEGAL\30431416\1 Case 1:16-cv-03396-TWP-TAB Document 40 Filed 02/01/18 Page 1 of 4 PageID #: 299 2. Defendant Anita Burnham has demanded that Evanston, as successor by merger to Essex, defend and indemnify it as an additional insured under the contract of insurance Essex issued to ACH with regard to a lawsuit entitled The Estate of Tammy Perez, by its Administrator Sheryl Perez v. Morgan County Sherif.!, et al., Case No. 1 :16-cv-00645-SEB-DML, pending in the United States District Court for the Southern District of Indiana, Indianapolis Division (the "Perez Lawsuit"). 3. On or about January 11, 2017, in accordance with Federal Rule of Civil Procedure 4, Evanston served Anita Burnham's counsel of record in the Perez Lawsuit with a Notice of a Lawsuit and Request to Waive Service of a Summons. See Exh. 1 to Enerson Affidavit attached hereto as Exh. A. 4. Counsel of record for Anita Burnham in the Perez Lawsuit refused to waive service. 5. On March 13, 2017, Evanston served Anita Burnham c/o Morgan County Sheriff with summons and the Complaint via federal express, signature requested upon receipt. See Proof of Service, Exh. 2 to Enerson Affidavit. 6. The deadline for Anita Burnham to answer or otherwise respond to the Complaint was April3, 2017. See Id. 7. To date, Defendant Anita Burnham has failed to answer or otherwise respond to the Complaint. LEGAL\30431416\1 Case 1:16-cv-03396-TWP-TAB Document 40 Filed 02/01/18 Page 2 of 4 PageID #: 300 WHERFORE, Plaintiff Evanston Insurance Company respectfully requests that the Clerk of the Court enter the default of Defendant Anita Burnham. February 1, 2018 LEGAL\304314!6\1 Respectfully submitted, /s/ Wendy N. Enerson Samuel R. Stalker Anne L. Blume (Admitted Pro hac vice) Wendy N. Enerson (Admitted Pro hac vice) COZEN O'CONNOR 123 North Wacker Drive, Suite 1800 Chicago, IL 60606 Telephone: (312) 382-3100 Facsimile: (312) 382-8910 E-mail: wenerson@cozen.com ATTORNEYS FOR PLAINTIFF, EVANSTON INSURANCE COMPANY Case 1:16-cv-03396-TWP-TAB Document 40 Filed 02/01/18 Page 3 of 4 PageID #: 301 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing PLAINTIFF'S REQUEST FOR ENTRY OF DEFAULT AGAINST DEFENDANT ANITA BURl-lAM has been served upon the following non-CM/ECF participants by Federal Express, overnight delivery, signature requested upon delivery, tracking no. 789491465729, on this 1st day of February, 2018: LEGAL\30431416\1 ANITA BURHAM 160 N. Park Ave. Martinsville, IN 46151 s/ Wendy N. Enerson Wendy N. Enerson COZEN O'CONNOR 123 North Wacker Drive, Suite 1800 Chicago, IL 60606 Telephone: (312) 382-3100 Facsimile: (312) 382-8910 E-mail: wenerson@cozen.com Case 1:16-cv-03396-TWP-TAB Document 40 Filed 02/01/18 Page 4 of 4 PageID #: 302