UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

SAM THANKACHEN

Plaintiff/Counter-Defendant

v. Case Number: 09-13226

Honorable Denise Page Hood

STATE FARM FIRE AND CASUALTY

COMPANY,

Defendant/Counter-Plaintiff/

Third-Party Plaintiff

v.

PATRICK VANCURA,

Third-Party Defendant

________________________________/

ORDER DENYING MARC GOLDMAN’S MOTION TO RE-OPEN CASE AND

MOTION TO COMPEL STATE FARM FIRE AND CASUALTY COMPANY TO

DELIVER PREMIUM REFUND ON CANCELLED POLICY AND APPLY FUNDS TO

ATTORNEY’S CHARGING LIEN

I. INTRODUCTION

This matter is before the Court on former Plaintiff’s Counsel’s Motion to Re-Open Case

[Docket No. 47, filed on February 18, 2011]. This matter is also before the Court on former

Plaintiff’s Counsel’s Motion to Compel State Farm Fire and Casualty Company to Deliver

Premium Refund on Cancelled Policy and Apply Funds to Attorney’s Charging Lien [Docket

No. 48, filed on February 18, 2011]. Defendant/Counter-Plaintiff State Farm responded on

February 23, 2011.

II. STATEMENT OF FACTS

On August 10, 2010, this Court entered a default judgment against Sam Thankachen in

the amount of $300,000. This case closed on August 27, 2010, when a default judgment for the

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same amount, jointly and severally was entered against the third-party defendant Patrick

Vancura. Plaintiff’s Counsel Marc Goldman withdrew from his representation of Plaintiff on

May 4, 2010. Mr. Goldman now seeks to re-open this case, and to compel State Farm to deliver

premium refund on the cancelled policy and apply the funds to the attorney’s charging lien. 

At the time when State Farm informed Mr. Thankachen and Mr. Vancura that the 

Homeowner’s Policy at issue in this case was deemed void, State Farm sent a check in the

amount of $13,657.97 to Mr. Thankachen and Mr. Vancura. See Ex. A to Def./Counter Pl.’s

Mot. to Reopen. This amount represented premiums received under the policy for coverage after

the policy was declared void by State Farm. Contesting State Farm’s right to cancel the policy,

Mr. Goldman returned the check to State Farm on his client’s behalf. Mr. Goldman now argues

State Farm must return the premium to Plaintiff, and that he is entitled to a charging lien on the

proceeds.

III. ANALYSIS

Mr. Goldman’s motion presumes that this Court has jurisdiction over this matter. As

stated above, this case was closed on August 27, 2010 when a final Default Judgment and Order

of Dismissal was entered. The instant motion was filed on February 18, 2011, almost six months

from the entry of the Default Judgment.

The time to file a Motion to Alter or Amend Judgment is 28 days. Fed. R. Civ. P. 59(e). 

A default means the party did not appear to defend the action. Fed. R. Civ. P. 55(a). A

judgment means a decree or order from which an appeal lies. Fed. R. Civ. P. 54(a). The time to

file an appeal in a civil case is 30 days after the judgment is entered. Fed. R. App. P. 4(a)(1)(A). 

An order is final if it ends the litigation on the merits and leaves nothing for the court to do but

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execute the judgment. Coopers & Lybrand v. Livesay, 437 U.S. 463, 467 (1978). 

Mr. Goldman has not submitted any authority for the Court to exercise any jurisdiction

over his motions, given that a default judgment has already been entered against Plaintiff Sam

Thankachen and Third-Party Defendant Patrick Vancura. The default judgments are final, since

the time to appeal expired. The Court cannot reach the issue of the premium funds being

returned and applied to the attorney’s charging lien because the Court is without authority to

address the motion filed beyond 28 days from the entry of the Default Judgment. Since the

Default Judgment is final, the Court has no authority to review any matters relating to the subject

matter of the Default Judgment. 

IV. CONCLUSION

Accordingly,

IT IS ORDERED that the Motion to Re-Open Case [Docket No. 47, filed on February 18,

2011] is DENIED.

IT IS FURTHER ORDERED that Motion to Compel State Farm Fire and Casualty Company

to Deliver Premium Refund on Cancelled Policy and Apply Funds to Attorney’s Charging Lien

[Docket No. 48, filed on February 18, 2011] is DENIED.

Dated: June 10, 2011 S/Denise Page Hood 

DENISE PAGE HOOD

UNITED STATES DISTRICT JUDGE

I hereby certify that a copy of the foregoing document was mailed to Sam Thankachen, 

11881 NW 2nd Street, Plantation, FL 33325 the attorneys of record on this date, June 10, 2011, by

electronic and/or ordinary mail.

 S/Julie Owens 

Case Manager, (313) 234-5160

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