United States District Court, N.D. Indiana, Hammond Division
OPINION AND ORDER
R. CHERRY, UNITED STATE DISTRICT COURT MAGISTRATE JUDGE
matter is before the Court on a Motion to Vacate Entry of
Default Pursuant to Rule 60(b)(4) [DE 35], filed by Defendant
Lucas C. Greichunos on April 13, 2017. On April 27, 2017,
Plaintiff State Farm Fire and Casualty Company (“State
Farm”) filed a response, and Greichunos filed a reply
on May 4, 2017. For the reasons set forth in this Opinion,
the Court sets this matter for an evidentiary hearing in
light of the parties' contradictory affidavits.
September 2, 2016, State Farm filed a Complaint in this Court
against Defendants Lucas C. Greichunos and Anthony T. Carns.
Summons were issued as to Greichunos and Carns on September
6, 2016. On November 30, 2016, the Court issued a Status
Report Order as to service of process on both defendants.
December 8, 2016, State Farm submitted Alias Summons for
Greichunos, and the summons were issued on December 9, 2016.
December 13, 2016, State Farm filed a document, signed by
attorney Paul D. Mackowski, stating that, on December 9,
2016, the summons and complaint were served by William
Sheehan, Licensed Personal Investigator, by personal service
upon Lucas C. Greichunos, 231 Greiving Street, Dyer, Indiana.
Attached as Exhibit A to the filing is the signed and sworn
Proof of Service (AO 440 form) executed by Sheehan, which
states that the summons was served on Greichunos.
January 20, 2017, State Farm filed a Request to Clerk for
Entry of Default as to Defendant Lucas C. Greichunos, and a
Clerk's Entry of Default was entered against Greichunos
on January 23, 2017.
February 1, 2017, State Farm filed a Motion for Default
Judgment against Greichunos.
February 6, 2017, default judgment was entered by
then-presiding Judge Robert L. Miller, Jr. A Clerk's
Entry of Judgment was entered as to Greichunos on February
April 10, 2017, this case was reassigned to the undersigned
Magistrate Judge upon the consent of the parties.
April 13, 2017, Greichunos filed the instant Motion to Vacate
Entry of Default.
April 17, 2017, Greichunos consented to the jurisdiction of
the undersigned Magistrate Judge. Therefore, this Court has
jurisdiction to decide this case pursuant to 28 U.S.C. §
Greichunos asks the Court to vacate the default judgment
entered against him pursuant to Federal Rule of Civil
Procedure 60(b)(4) on the basis that he was not served with
the summons and ...