Nationwide General Insurance Company v. MCJ Restaurant Group, LLC d/b/a The...

District Court, S.D. Illinois

Nationwide General Insurance Company v. MCJ Restaurant Group, LLC d/b/a The...

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS

NATIONWIDE GENERAL INSURANCE COMPANY,

Plaintiff,

v. Case No. 25-CV-01378-SPM

MCJ RESTAURANT GROUP, LLC d/b/a THE GASTHAUS,

Defendant.

DEFAULT JUDGMENT Plaintiff Nationwide General Insurance Company of America filed the instant declaratory judgment action pursuant to

28 U.S.C. § 2201

seeking a declaration that it does not owe a duty to defend or indemnify Defendant MCJ Restaurant Group, LLC d/b/a The Gasthaus with respect to a lawsuit filed by Elizabeth Wright against MCJ in the Twentieth Judicial circuit for St. Clair County, Illinois. (See Doc. 21, p. 1 (citing Wright v. MCJ Rest. Grp., LLC, No. 2025LA000186 (Ill. Cir. Ct.)); see also Doc. 1). In her state court case, Wright alleges that she was sexually harassed and assaulted by her supervisor (an owner of MCJ) when she was employed by MCJ as a manager for The Gasthaus. (See Doc. 21). This Court granted Nationwide’s Motion for Default Judgment on November 19, 2025. (See Doc. 22). For the reasons below, Nationwide’s request for declaratory judgment is GRANTED and Default Judgment is hereby ENTERED. There are two stages to default. First, the Clerk of Court must enter a party’s default “[w]hen a party against whom a judgment for affirmative relief has failed to plead or otherwise defend, and that failure is shown by affidavit or otherwise.” FED. R. CIV. P. 55. Then, the Court may enter a default judgment for the amount due.

Id.

The Clerk of Court entered Defendant’s default on September 10, 2025. (See Doc. 14).

Plaintiff Nationwide has provided evidence proving that (1) MCJ is not a named insured on the policy and (2) that the conduct at issue in Wright’s lawsuit falls under the various exclusions in the policy. (See Docs. 21, 22). “It is well-settled that the court has authority to enter declaratory default judgments as well as default judgments for monetary damages.” Tygris Asset Fin., Inc. v. Szollas, No. 09 C 4488,

2010 WL 2266432

, at *6 (N.D. Ill. June 7, 2010) (citing Owners Ins. Co. v. Complete Mech.

Servs., Inc., No. 08 C 4201,

2008 WL 4821654

, at *1–2 (N.D. Ill. Oct. 31, 2008)). It is therefore appropriate for this Court to enter a default judgment. Accordingly, IT IS HEREBY ORDERED AND ADJUDGED that Plaintiff Nationwide General Insurance Company has a default judgment against Defendant MCJ Restaurant Group, LLC d/b/a The Gasthaus. This Court holds that Nationwide owes no coverage to MCJ nor does it have a duty to defend or indemnify MCJ with respect to the lawsuit filed by Elizabeth Wright against MCJ in the Twentieth

Judicial Circuit for St. Clair County, Illinois. See Wright v. MCJ Rest. Grp., LLC, No. 2025LA000186 (Ill. Cir. Ct.). IT IS SO ORDERED. DATED: November 19, 2025 s/ Stephen P. McGlynn STEPHEN P. McGLYNN U.S. District Judge

Reference

Full Case Name
Nationwide General Insurance Company v. MCJ Restaurant Group, LLC d/b/a The Gasthaus
Status
Unknown