Permanent General Assurance Corporation v. Alexander Monell; ChampionnLifestyle Inc.; and House of Wolves Motors, LLC

Summary

The United States District Court for the Middle District of Florida denied without prejudice Permanent General Assurance Corporation’s motion for default judgment. The court held that the plaintiff had not shown service of the amended complaint on Alexander Monell, against whom the amended complaint asserted a new declaratory-judgment claim, and directed the plaintiff to file proof of service or pursue a clerk’s default.

Holdings

1. Because the amended complaint asserted a new claim for relief against Monell that was materially different from the claim in the original complaint, Plaintiff was required to serve the amended complaint on Monell under Federal Rule of Civil Procedure 5(a)(2) and Rule 4 before obtaining default judgment on that claim.
2. The motion for default judgment was denied without prejudice because the record did not establish proper service of the amended complaint on Monell.

Questions Presented

1. Whether Plaintiff was entitled to default judgment on the declaratory-judgment claims against Monell and ChampionnLifestyle Inc.
2. Whether service of the amended complaint on Monell was required before default judgment could be entered when the amended complaint asserted a new and materially different claim against him.

Disposition

denied without prejudice