Rutgers Casualty Insurance Company v. FT Hardwood Floors & Construction, Inc.

District Court, S.D. New York

Rutgers Casualty Insurance Company v. FT Hardwood Floors & Construction, Inc.

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK wee KX RUTGERS CASUALTY INSURANCE COMPANY, : Plaintiff, : : 22-CV-5310 (JMF) -v- : : ORDER FT HARDWOOD FLOORS & CONSTRUCTION, INC. : et al., : Defendants. : wee KX JESSE M. FURMAN, United States District Judge: On August 16, 2022, Plaintiff filed a motion for entry of a default judgment under Rule 55(b)(2) of the Federal Rules of Civil Procedure and Local Civil Rule 55.2(b). See ECF No. 17. A default judgment hearing is currently scheduled for September 22, 2022, at 3:00 p.m. “Tt is well settled that a court may not properly enter a default judgment unless it has jurisdiction over the party against whom the judgment is sought, which means that [each defendant] must have been effectively served with process.” Cont'l Indem. Co. v. Bulson Mgmt, LLC, No. 20-CV-3479 (JMF),

2022 WL 1747780

, at *2 (S.D.N.Y. May 31, 2022) (internal quotation marks omitted). No later than September 20, 2022, Plaintiff shall submit a letter brief addressing whether service on Rochdale Insurance Company by first class mail addressed to the New York State Department of Financial Services was proper. See ECF No. 18,§ 12; see also, e.g., Obot v. Citibank S. Dakota, N.A.,

347 F. App'x 658

, 659-60 (2d Cir. 2009) (“Obot’s attempt to serve Citibank by mailing the complaint . . . did not effect service under New York Civil Practice Law and Rules (“CPLR”) § 311 or § 312-a. Section 311(a)(1) requires that personal service be made on a corporation's officer or agent. Although § 312-a provides for service by mail, . . . [s]ervice under this section is not complete until the signed acknowledgment of receipt is mailed back to the sender. See § 312-a(b).” (emphasis added)). Alternatively, Plaintiff may move, by letter motion, to adjourn the default judgment hearing to cure any service problems. SO ORDERED. Dated: September 16, 2022 New York, New York SSE RMAN ited States District Judge

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