State Farm Mutual Automobile Insurance Company v. John Carpenter; Ora...

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF MISSISSIPPI GREENVILLE DIVISION STATE FARM MUTUAL AUTOMOBILE PLAINTIFF INSURANCE COMPANY VS. Civil Action No, 4:26-CV-25-GHD-IMV JOHN CARPENTER; ORA CARPENTER; and BRITTNEY CARPENTER DEFENDANTS ORDER GRANTING MOTION FOR DEFAULT JUDGMENT Presently before the Court is the Plaintiff's motion for default judgment against the Defendants [10]. Upon due consideration, the Court finds that the motion should be granted.

On February 26, 2026, the Plaintiff filed a complaint against the Defendants, solely seeking a declaratory judgment regarding insurance coverage [1]. The three Defendants were served with process on April 21, 2026, but have failed to plead or otherwise defend this action [3, 4, 5].

Accordingly, upon motion by the Plaintiff, the Clerk of Court made an Entry of Default on May 8, 2026 [9] against the three Defendants. The Plaintiff has now filed the present motion seeking to have the Court enter a default judgment in its favor as to the three Defendants [10], to which the Defendants have failed to respond.

Rule 55 of the Federal Rules of Civil Procedure sets forth the conditions upon which default may be entered against a party, as well as the procedure to seek the entry of default judgment. Fed. R. Civ. P. 55. “The Fifth Circuit requires a three-step process for securing a default judgment.”

Chevron Intell, Prop., L.L.C. v. Mashiana, No. 4:10-CV—-352, 2011 WL 2637372, at *1 (E.D. Tex. June 10, 2011) (citing New York Life Ins. Co. v. Brown, 84 F.3d 137, 141 (Sth Cir. 1996)), A default occurs when the defendant fails to plead or otherwise respond to the complaint within the time required by Rule 12 of the Federal Rules of Civil Procedure. /d. (citing Fed. R. Civ. P. 55(a); New York Life Ins., 84 F.3d at 141). The clerk may then enter an entry of default when default is established by affidavit. Jd (citing Fed. R. Civ. P. 55(a); New York Life Ins., 84 F.3d at 141).

After an entry of default, the plaintiff may seek a default judgment. /d. (citing Fed. R. Civ. P. 55(b)). The Plaintiff has satisfied these requirements in relation to the three Defendants.

Because the Defendants have failed to timely answer or otherwise plead in the instant litigation, the well-pleaded allegations in the Complaint are taken as admitted. Nishimatsu Const. Lid. vy. Houston Nat'l Bank, 515 F.2d 1200, 1206 (Sth Cir. 1975); CENTRIA vy. Alply Architectural Bldg. Sys., LEC, No. 4:11-CV-~-79-CWR-LRA, 2012 WL 73235, at *4 (S.D. Miss. Jan. 10, 2012) (citation omitted). The Court shall therefore grant the Plaintiff's motion for default judgment in this matter, THEREFORE, it is hereby ORDERED that the Plaintiff's Motion for Default Judgment [10] is GRANTED, It is further ORDERED that: (1) the Court issues a DECLARATION that Kenneth Carpenter was not a resident of the home of Defendants John Carpenter, Sr. and Ora Carpenter on June 21, 2025; (2) the Plaintiff State Farm. Mutual Automobile Insurance Company is RELEASED from any obligation to provide UM/UIM insurance coverage for the subject June 21, 2025, accident described in the Plaintiff's Complaint; and (3) _ this case is CLOSED.

SO ORDERED, this, 9thday of June, 2026. da HN Qantse.

SENIOR U.S. DISTRICT JUDGE