Leonard J. Strandberg and Associates et al v. Misan Construction Corp. et al, No. 2:2008cv02939 - Document 51 (E.D.N.Y. 2010)

Court Description: OPINION AND ORDER granting 40 Motion to Dismiss for Lack of Jurisdiction. The branch of Daly's motion seeking to set aside the Clerk's entry of default against him is granted and the Clerk's entry of default against him is vacated as void pursuant to Rule 55(c); the default judgment entered against Misan and Miniero is sua sponte vacated as void pursuant to Rule 55(c) and 60(b)(4); and the branch of Daly's motion seeking dismissal of the complaint pursuant to Rules 12(b)(1) and 12(h)(3) is granted and the complaint is dismissed in its entirety with prejudice for lack of subject matter jurisdiction. The Clerk of the Court is directed to enter judgment in favor of the dfts, to close this case and to serve notice of entry of this Order on all parties. SO ORDERED. Ordered by Judge Sandra J. Feuerstein on 4/19/2010. (Brienza, Lauren)