American Empire Surplus Lines Insurance Company v. LCS Restoration Corp.
| American Empire Surplus Lines Insurance Company |
| LCS RESTORATION CORP. |
| 1:2022cv03334 |
| April 25, 2022 |
| US District Court for the Southern District of New York |
| Jed S Rakoff |
| Insurance |
| 28 U.S.C. ยง 1332 Diversity Action |
| None |
Docket Report
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Filing 14
DEFAULT JUDGMENT: Accordingly, it is ORDERED and ADJUDGED that American Empire has judgment as follows: in the amount of $250,774; plus interest at 9%, calculated from April 13, 2022, until the date of judgment 6/9/22, for the sum of $3525.00; plus $16,341.00 for attorneys' fees; for a total sum of $270,640.00 against LCS; and in the event that LCS fails to pay this amount, that this Court declare that American Empire has no duty to defend and/or indemnify LCS, or any other person or entity seeking coverage under American Empire Commercial General Liability Policy No. PL2659720, for the period March 17, 2019 to March 17, 2020, relative to any occurrence, offense, claim or suit which has been or may be reported to American Empire. Motions terminated: #10 MOTION for Default Judgment as to LCS Restoration Corp.. filed by American Empire Surplus Lines Insurance Company. (Signed by Judge Jed S. Rakoff on 6/9/2022) (ate)
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| Filing 13 AFFIDAVIT OF SERVICE of Motion for Default Judgment, Affidavit in Support with Exhibits and Proposed Default Judgment served on LCS Restoration Corp on June 9, 2022. Service was made by Mail. Document filed by American Empire Surplus Lines Insurance Company..(O'Connor, Maureen) |
| Filing 12 PROPOSED DEFAULT JUDGMENT pursuant to FRCP 55(b)(2). Document filed by American Empire Surplus Lines Insurance Company..(O'Connor, Maureen) Proposed Default Judgment to be reviewed by Clerk's Office staff. |
| Filing 11 AFFIDAVIT of Maureen E. O'Connor in Support re: #10 MOTION for Default Judgment as to LCS Restoration Corp... Document filed by American Empire Surplus Lines Insurance Company. (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - Affidavit of Service with proof of efiling, #3 Exhibit C - Clerks Certificate of Default, #4 Exhibit D - Statement of Damages Affidavit from Randy Myers).(O'Connor, Maureen) |
| Filing 10 MOTION for Default Judgment as to LCS Restoration Corp.. Document filed by American Empire Surplus Lines Insurance Company..(O'Connor, Maureen) |
| ***NOTICE TO COURT REGARDING PROPOSED DEFAULT JUDGMENT. Document No. #12 Proposed Default Judgment was reviewed and approved as to form. (km) |
| Filing 9 CLERK'S CERTIFICATE OF DEFAULT as to LCS Restoration Corp.(km) |
| Filing 8 AFFIRMATION of Maureen E. O'Connor in Support re: #7 Proposed Clerk's Certificate of Default,. Document filed by American Empire Surplus Lines Insurance Company..(O'Connor, Maureen) |
| Filing 7 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by American Empire Surplus Lines Insurance Company..(O'Connor, Maureen) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 5/27/2022 (km). |
| Filing 6 SUMMONS RETURNED EXECUTED. LCS Restoration Corp. served on 5/3/2022, answer due 5/24/2022. Service was accepted by Sue Zouky, Authorized Agent. Document filed by American Empire Surplus Lines Insurance Company..(O'Connor, Maureen) |
| Filing 5 ELECTRONIC SUMMONS ISSUED as to LCS Restoration Corp...(pc) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Maureen Elizabeth O'Connor. The following case opening statistical information was erroneously selected/entered: County code Albany;. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State;. (pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jed S. Rakoff. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(pc) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Maureen Elizabeth O'Connor. The party information for the following party/parties has been modified: LCS RESTORATION CORP.. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps;. (pc) |
| Magistrate Judge Sarah Netburn is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (pc) |
| Case Designated ECF. (pc) |
| Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Great American Insurance Group for American Empire Surplus Lines Insurance Company. Document filed by American Empire Surplus Lines Insurance Company..(O'Connor, Maureen) |
| Filing 3 CIVIL COVER SHEET filed..(O'Connor, Maureen) |
| Filing 2 REQUEST FOR ISSUANCE OF SUMMONS as to LCS Restoration Corp., re: #1 Complaint. Document filed by American Empire Surplus Lines Insurance Company..(O'Connor, Maureen) |
| Filing 1 COMPLAINT against LCS RESTORATION CORP.. (Filing Fee $ 402.00, Receipt Number ANYSDC-26051156)Document filed by American Empire Surplus Lines Insurance Company..(O'Connor, Maureen) |
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| Plaintiff: American Empire Surplus Lines Insurance Company | |
| Represented By: | Maureen Elizabeth O'Connor |
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| Defendant: LCS RESTORATION CORP. | |
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