UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION

CARL and KATHERINE BRUMAGE, et al.,

Plaintiffs,

Case No. 2:18-cv-76

CHIEF JUDGE EDMUND A. SARGUS, JR.
Magistrate Judge Kimberly A. Jolson

ABBOTT LABORATORIES, et al.,

Defendants.

OPINION AND ORDER

This matter is before the Court on Plaintiffs’ Motion for a Default Judgment as to

Anthem Insurance Company (ECF No. 17).

1. Background

Plaintiffs filed this suit in the Muskingum County Court of Common Pleas on December
18, 2017. Defendants Abbott Laboratories and St. Jude Medical, Inc. removed the suit to this

Court on January 30, 2018. (ECF No. 1.)

In their Complaint, Plaintiffs “pray that the Anthem Insurance Company assert its
subrogation/reimbursement rights or be forever barred from doing so in the future.” (Compl.,
ECF No. 3, § XI. F). Plaintiffs assert that service of process was completed against Anthem
Insurance Company by certified mail on January 4, 2018, while the case was still pending in
state court. (ECF Nos. 10, 11). Plaintiffs further assert that, to date, Defendant Anthem

Insurance Company has “failed to move or plead in this matter.” (ECF No. 17, at p. 1.)


In support of their motion, Plaintiffs filed an affidavit and attached documentary evidence
showing that the state court summons was received by an agent of Anthem Insurance Company

on January 4, 2018.' (ECF No. 15).
2. Default Judgment
Federal Rule of Civil Procedure 55 provides as follows:
(a) Entering a Default. When a party against whom a judgment for affirmative
relief is sought has failed to plead or otherwise defend, and that failure is shown

by affidavit or otherwise, the clerk must enter the party's default.

(b) Entering a Default Judgment.

(1) By the Clerk. If the plaintiff's claim is for a sum certain or a sum that can be
made certain by computation, the clerk—on the plaintiffs request, with an
affidavit showing the amount due—must enter judgment for that amount and

costs against a defendant who has been defaulted for not appearing and who is
neither a minor nor an incompetent person.

(2) By the Court. In all other cases, the party must apply to the court for a default
judgment.

The Clerk of this Court entered default judgment against Anthem Insurance Company
pursuant to Fed. R. Civ. P. 55(a) on April 4, 2018. (ECF No. 16). In addition to the entry of
default, inasmuch as the claim is for declaratory relief, it is properly before the Court to consider

whether to enter a default judgment pursuant to Fed. R. Civ. P. 55(b)(2).

Inasmuch as the evidence shows that Defendant Anthem Insurance Company has failed
to plead or otherwise defend in this case, the Court finds that it has relinquished any rights to

seek subrogation or reimbursement against these Plaintiffs.

' The Court takes judicial notice that the address on the summons is the address for “Anthem
Blue Cross Blue Shield” at 1351 William Howard Taft Rd., Cincinnati, Ohio 45206.

2


3. Conclusion
The Court, having considered the claims set forth in Plaintiffs’ complaint, and the
information provided in Plaintiffs’ affidavit, hereby GRANTS Plaintiffs’ motion for default
judgment (ECF No. 17) as to Defendant Anthem Insurance Company. The earlier motion (ECF

No. 11) is DENIED as MOOT.

IT IS SO ORDERED.
YU-13-20 (% fe
DATE EDMURDA. SARGUS, JR.

CHIEF UNITED STATES DISTRICT JUDGE