United States District Court, D. Arizona
K. JORGENSON, UNITED STATES DISTRICT JUDGE
before the Court is Intervenor Defendant Employers Mutual
Casualty Company's (“EMC”) Motion for Entry
of Default Judgment against Intervenor Defendants Blue
Diamond Contracting, LLC (“Blue Diamond”) and
Select Development & Construction, Inc.
(“Select”). (Doc. 57.) Plaintiff Western Surety
(“Western”) and Defendant United States of
America have not opposed the motion.
Diamond, a South Dakota corporation, was served through the
Arizona Corporation Commission on June 27, 2017 (Doc. 39-3),
and has failed to appear or respond. Select was served
through a statutory agent on June 14, 2017 (Doc. 39-1), and
has also failed to appear or respond.
Clerk of Court may enter a default judgment if a party fails
to plead or defend against an action. Fed.R.Civ.P. 55.
Furthermore, an intervenor defendant may protect its
interests by requesting default judgment. See e.g., Fid.
& Guar. Life Ins. Co. v. Estate of Smith ex rei.
Smith, No. CV-12-224-MTT, 2014 WL 652441, at *1 n.3
(M.D. Ga. Feb. 19, 2014) (“Although it is typically the
plaintiff who requests default judgment, the right of a
defendant in an interpleader action to do so is also
recognized.”); see also Protective Live Ins. Co. v.
Tinney, No. CV-14-02251-TMP, 2015 WL 1402464, at *4
(“Without the ability to enter a default judgment
against an interpleader defendant who refuses to appear in
the action, the court is unable to provide relief to the
remaining defendants.”; Sun Life Assur. Co. of
Canada v. Conroy, 431 F.Supp.2d 220, 226 (D. R.I. 2006)
(“a named interpleader defendant who fails to answer
the interpleader complaint and assert a claim to the res
forfeits any claim of entitlement that might have been
asserted.”). It has been over six months since Blue
Diamond and Select were served and failed to respond.
Rule 4(h)(1) states, in pertinent part:
Unless federal law provides otherwise or the defendant's
waiver has been filed, a domestic or foreign corporation, or
a partnership or other unincorporated association that is
subject to suit under a common name, must be served:
(1) in a judicial district of the United States:
(A) in the manner prescribed by Rule 4(e)(1) for serving an
(B) by delivering a copy of the summons and of the complaint
to an officer, a managing or general agent, or any other
agent authorized by appointment or by law to receive service
of process and-if the agent is one authorized by statute and
the statute so requires-by also mailing a copy of each to the
defendant . . .
When serving a domestic corporation with no authorized
officer or agent in Arizona, “the corporation may be
served by depositing two copies of the summons and the
pleading being served with the Arizona Corporation
Commission. Following this ...