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COM DEV INTERNATIONAL v. BRIDGEPOINT CAPITAL RESOURCES

United States District Court, Southern District of New York


May 19, 2003

COM DEV INTERNATIONAL, LTD., PLAINTIFF, AGAINST BRIDGEPOINT CAPITAL RESOURCES, INC., DEFENDANT.

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 October 31, 2002; a copy of the summons and complaint having been personally served upon defendant, Bridgepoint Capital Resources, Inc. on November 14, 2002 by serving defendant's agent at its principal place of business, and again on November 21, 2002, by service upon Debra Wood, authorized agent in the office of the Secretary of State of New York pursuant to Section 306 of the New York Business Corporation Law, and a proof of service having been filed with the Clerk of the Court on December 5, 2002 and the 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 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.

20030519

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