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State Farm Fire and Casualty Co. v. Greichunos

United States District Court, N.D. Indiana, Hammond Division

May 9, 2017

STATE FARM FIRE AND CASUALTY COMPANY, Plaintiff,
v.
LUCAS C. GREICHUNOS and ANTHONY T. CARNS, Defendants.

          OPINION AND ORDER

          PAUL R. CHERRY, UNITED STATE DISTRICT COURT MAGISTRATE JUDGE

         This 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.[1] For the reasons set forth in this Opinion, the Court sets this matter for an evidentiary hearing in light of the parties' contradictory affidavits.

         PROCEDURAL BACKGROUND

         On 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.

         On December 8, 2016, State Farm submitted Alias Summons for Greichunos, and the summons were issued on December 9, 2016.

         On 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.

         On 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.

         On February 1, 2017, State Farm filed a Motion for Default Judgment against Greichunos.

         On 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 14, 2017.

         On April 10, 2017, this case was reassigned to the undersigned Magistrate Judge upon the consent of the parties.

         On April 13, 2017, Greichunos filed the instant Motion to Vacate Entry of Default.

         On 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. § 636(c).

         ANALYSIS

         Defendant 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 ...


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