State Farm Mutual Automobile Insurance Company v. Follese et al
Filing
48
ORDER granting 30 Motion for Default Judgment; granting 11 Motion to Amend/Correct (Written Opinion). Signed by Senior Judge David S. Doty on 5/24/2010. (PJM)
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UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Civil No. 10-178(DSD/JJK) State Farm Mutual Automobile Insurance Company, Plaintiff, v. Tara Follese, Charles Case and Randall Mortensen, Defendants. ORDER
This matter is before the court upon the motion of plaintiff State Farm Mutual Automobile Insurance Company ("State Farm") for default judgment and the motion of defendant Randall Mortensen ("Mortensen") to amend his answer and assert a counterclaim. Based on a review of the file, record and proceedings herein, and for the following reasons, the court grants both motions. Pursuant to Federal Rule of Civil Procedure 55, State Farm seeks entry of default judgment against defendants Tara Follese ("Follese") and Charles Case ("Case"). Neither Follese nor Case
have entered an appearance in this action or taken steps to defend against State Farm's claims. While Follese and Case attended the
May 21, 2010, hearing on this matter, both indicated that they do not oppose entry of default judgment. Accordingly, the court
determines that entry of default judgment is appropriate, with the condition that Follese and Case may reinstate their position in this case if necessary.
The court next considers Mortensen's motion to amend his answer and assert a counterclaim pursuant to Federal Rule of Civil Procedure 15(a)(2). At the May 21, 2010, hearing, State Farm Furthermore, the
indicated that it does not oppose this motion.
court determines that the interests of justice support allowing the amendment. Accordingly, the court grants Mortensen's motion.
Therefore, based on the above, IT IS HEREBY ORDERED that: 1. State Farm's motion for default judgment [Doc. No. 30] is
granted, with the condition that defendants Follese and Case may reinstate their position in this action if necessary, and; 2. Mortensen's motion to amend his answer and assert a
counterclaim [Doc. No. 11] is granted. Dated: May 24, 2010 s/David S. Doty David S. Doty, Judge United States District Court
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