Case 2:22-cv-00387-JRS-MG Document 38 Filed 10/10/23 Page 1 of 3 PageID #: 840

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF INDIANA
TERRE HAUTE DIVISION

HONEST ABE ROOFING FRANCHISE,

INC., an Indiana Corporation,

Plaintiff,
v. Case No. 2:22-cv-387-JRS-MG

DCH & ASSOCIATES, LLC,

a Georgia limited liability company,
HONEST ABE ROOFING OF MACON
GEORGIA, LLC, a Georgia limited liability
company, DAMEION HARRIS, individually,
and CHRISTINE HARRIS, individually

Defendants.

PLAINTIFF’S RESPONSE TO COURT’S ORDER TO SHOW CAUSE

COMES NOW William W. Drummy, counsel for the Plaintiff, Honest Abe Roofing

Franchise, Inc. and states as follows:

1. Plaintiff, Honest Abe Roofing Franchise, Inc., an Indiana corporation, filed its

Verified Complaint for breach of its Franchise Agreement against four defendants on

September 7, 2022. Plaintiff was able to obtain service of process on three of the four defendants

and subsequently was able to obtain entry of Default against three of the four defendants, but on

January 11, 2023, the Court denied Plaintiff’s Motion for Entry of Default against DCH &

Associates, LLC, by reason of the fact that proper service of process had not been obtained.

2. Subsequent to that Order, the Plaintiff moved for default judgment against the

three defendants upon whom service had been obtained, but this Motion was denied by reason of

the fact that Plaintiff had not served all Defendants.

Case 2:22-cv-00387-JRS-MG Document 38 Filed 10/10/23 Page 2 of 3 PageID #: 841

3. In response to that Order, the Plaintiff has endeavored to obtain service of process

on DCH & Associates, LLC by certified mail as well as prior attempts by Federal Express, all of

which have been unsuccessful.

4. Because of these failures, Plaintiff moved forward with serving the Georgia

Secretary of State as a designated agent under Georgia law and has recently been able to obtain

service on the Georgia Secretary of State as noted in the Certificate of Service filed on

October 9, 2023.

5. It has now been 18 days since the Georgia Secretary of State accepted service of

process on DCH & Associates, LLC, and to date no Appearance, Answer, or other pleading has

been filed on their behalf.

6. It is Plaintiff’s attempt to move for entry of default upon expiration of the

appropriate time period for a pleading to the newly served Complaint. Once the entry of default

has been made, it is the Plaintiff’s intention to renew its motion for default judgment against all

defendants in compliance with the Court’s previous Order which denied default judgment.

The Plaintiff, therefore, respectfully requests that the Court not dismiss this action as the

Plaintiff moved forward in their efforts to obtain a default judgment against all defendants,

including DCH & Associates, LLC.

Respectfully submitted,

WILKINSON GOELLER MODESITT

WILKINSON & DRUMMY LLP
333 Ohio Street
Terre Haute, IN 47807
Telephone: (812) 232-4311
Facsimile: (812) 235-5107
E-mail: wwdrummy@wilkinsonlaw.com

By: s / William W. Drummy

William W. Drummy, #4607-84
Case 2:22-cv-00387-JRS-MG Document 38 Filed 10/10/23 Page 3 of 3 PageID #: 842

CERTIFICATE OF SERVICE

The undersigned attorney hereby certifies that on October 10, 2023, a copy of the
foregoing was served electronically and/or by US Mail, postage prepaid upon the following
parties and counsel of record in the within cause of action and addressed as follows:

Honest Abe Roofing of Macon GA LLC

Dameion Harris, Registered Agent
3235 Satellite Boulevard
Building 400, Suite 300
Duluth, GA 30096

Dameion Harris
Christine Harris
1820 Browning Bend Court
Dacula, GA 30019

DCH & ASSOCIATES, LLC

Dameion Harris, Registered Agent
2013 Devonshire Drive
Suite 1350
Columbus, GA 31904

s / William W. Drummy
William W. Drummy, #4607-84