S&K Commack Development, LLC v. Hasn Dry Cleaners, Inc. et al
| S&K Commack Development, LLC |
| Hasn Dry Cleaners, Inc., Howard Singer and Trumbull Insurance Company |
| 2:2013cv05297 |
| September 24, 2013 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Sandra J. Feuerstein |
| Arlene R. Lindsay |
| Environmental Matters |
| 28 U.S.C. ยง 1391 Personal Injury |
| None |
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Filing
37
ORDER: SO ORDERED that plaintiffs motion for the entry of a default judgment against defts pursuant to Rule 55 of the Federal Rules of Civil Procedure is granted to the extent that defaults shall be entered against defts and a default judgment shall be entered (1) against defts, jointly and severally, awarding plaintiff (a) the total amount of eighty-three thousand eight hundred eighty-five dollars ($83,885.00) for recovery of the response costs it incurred at the Site pursuant to Section 1 07(a) of CERCLA, 42 U.S.C. § 9607(a), and (b) prejudgment interest in accordance with this Order and Section 107(a) of CERCLA, 42 U.S.C. § 9607(a); and (2) declaring that defendants are responsible for any further response costs incurred by plaintiff that are necessary to remediate the hazardous waste, i.e., the perc, on the Site, and that are consistent with the NCP, pursuant to Section 113(g)(2) of CERCLA, 42 U.S.C. § 9613(g)(2). On or before July 15, 2015, plaintiff shall serve defts with a proposed judgment, including the amount of prejudgment interest calculated in accordance with this Order and Section 107(a) of CERCLA, 42 U.S.C. § 9607(a). Defts must serve any objections to the amount of prejudgment interest sough t in the proposed judgment by 5:00 p.m. on July 22, 2015. Plaintiff shall file the proposed judgment, and any objections thereto, and submit courtesy copies thereof to the Court, by 5:00 p.m. on July 24, 2015, or it will be deemed to have waived its claim for prejudgment interest against defts. Pursuant to Rule 77(d)(1) of the Federal Rules of Civil Procedure, the Clerk of the Court shall serve notice of entry of this order upon all parties as provided in Rule 5(b) of the Federal Rules of Civil Procedure and record such service on the docket. CM to pro se deft. Ordered by Judge Sandra J. Feuerstein on 7/9/2015. (Florio, Lisa)
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