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UNDERWRITERS AT INTEREST v. TAYLOR ROAD ASSOCIATES

United States District Court, Southern District of New York


April 10, 2003

UNDERWRITERS AT INTEREST SUBSCRIBING TO POLICY 00/13674, AS SUBROGEE OF AMERICAN BASICS CO., LLC; AMERICAN BASICS CO., LLC; IMT ACCESSORIES, INC., PLAINTIFFS, AGAINST TAYLOR ROAD ASSOCIATES, LLC D/B/A TAYLOR ROAD ASSOCIATES; TAYLOR ROAD LLC; TAYLOR ROAD; THE HARTFORD; THE HARTFORD GROUP; HARTFORD CASUALTY INSURANCE CO., DEFENDANTS.

The opinion of the court was delivered by: Whitman Knapp, Senior United States District Judge

DEFAULT JUDGMENT

This action having been commenced by the filing of a complaint and the issuance of a summons on November 9, 2001; a copy of the summons and complaint having been personally served upon defendants Taylor Road Associates, LLC d/b/a Taylor Road Associates, Taylor Road LLC, and Taylor Road ("Taylor Road Defendant") on December 11, 2001 and again on February 13, 2002, by personal service on said defendant by delivering copies of the summons and complaint to said defendant, at said defendant's office in Edison, New Jersey, and proof of service having been filed with the Clerk of the Court of February 20, 2002; Taylor Road Defendant not having appeared, answered or made any motion with respect to the complaint; the time for defendant to appear, answer or make any motion with respect to the complaint having expired, it is

ORDERED, that in view of said defendant's default, the only issues in this action Page 1 of 2 remaining to be determined against said defendant are (a) the amount of Plaintiff's damages, if any, and (b) the amount of Plaintiff's interest, costs, and counsel fees, if any, and it is further

ORDERED, that this matter be referred to Magistrate Judge Ellis for the purpose of conducting a hearing to determine the amount of Plaintiff's damages and claims for interest, costs and counsel fees.

SO ORDERED.

20030410

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