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Delos Insurance Co. v. Tideway Homes

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK


March 4, 2010

DELOS INSURANCE COMPANY, FORMERLY KNOWN AS SIRIUS AMERICA INSURANCE COMPANY, PLAINTIFF,
v.
TIDEWAY HOMES, INC., ATLANTIC CASUALTY INSURANCE COMPANY, VENTURA RENOVATIONS, INC., AND FERNANDO CANDO, DEFENDANTS.

The opinion of the court was delivered by: Seybert, District Judge

MEMORANDUM & ORDER

On or around October 6, 2008, Plaintiff, Delos Insurance Company ("Delos"), commenced this case in the Supreme Court of New York, County of Nassau seeking a declaratory judgment. One month later, on November 3, 2008, Defendant Atlantic Casualty Insurance Company ("Atlantic") removed the case to this Court. On November 13, 2008, Tideway Homes, Inc. ("Tideway"), served an Answer to the Summons & Complaint with the New York Supreme Court caption. Counsel representing Tideway was the Law Offices of Michael D. Solomon, by Daniel J. Herrera. Subsequently, Tideway received notice that this case had been removed to the Federal District Court of the Eastern District of New York. On August 21, 2009, Plaintiff brought the present motion for entry of default against Tideway. The next day, on April 22, 2009, counsel for Delos and Atlantic appeared for an initial conference with Magistrate Judge Michael L. Orenstein. Counsel for Tideway did not appear. Thereafter, on June 5, 2009, Daniel J. Herrera of the Law Offices of Solomon & Herrera, PLLC, advised Delos that they no longer represented Tideway in this matter. To date, Tideway has never appeared in this Court nor otherwise defended this action.

By Order dated September 18, 2009, this Court referred the motion for entry of default to Judge Orenstein for issuance of a Report and Recommendation ("R&R"). Judge Orenstein submitted his R&R on December 2, 2009. The time for filing objections to the R&R has expired, and no party has objected. Accordingly, all objections are hereby deemed to have been waived.

Upon careful review and consideration, the Court ADOPTS the R&R in its entirety. Accordingly, Tideway's Answer is stricken. Furthermore, the Clerk of the Court is directed to enter a Judgment in favor of Delos stating as follows: Under Insurance Policy IRS 108102, Delos has no obligation to provide a defense or indemnification to Tideway, in the personal injury action brought by Fernando Condo. Delos is directed to serve on Tideway a copy of this Order, along with the Judgment, within one week of entry of the Judgment.

SO ORDERED.

Joanna Seybert, U.S.D.J.

20100304

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