Philadelphia Indemnity Insurance Company v. David J. Hardy Construction Co., Inc., No. 3:2009cv00056 - Document 12 (N.D.N.Y 2009)
Court Description: DECISION AND ORDER; that the Clerk enter judgment for Plaintiff in the amount of $86,970.13 re: 9 Motion for Default Judgment. Signed by Senior Judge Thomas J. McAvoy on 9/8/09. (pta )
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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK __________________________________________ PHILADELPHIA INDEMNITY INSURANCE COMPANY, a/s/o Rainbow Enterprises, Inc., d/b/a Holiday Inn Express, Plaintiff, vs. 3:09-CV-56 DAVID J. HARDY CONSTRUCTION, INC. Defendant. ___________________________________________ Thomas J. McAvoy, Sr. U.S. District Judge DECISION & ORDER By Decision & Order dated August 6, 2009, the Court granted Plaintiff s motion for a default judgment on the issue of liability and reserved judgment on the issue of damages. Acknowledging that Plaintiff submitted invoices showing payments made to the insured in the amount of $86,970.13, the Court nevertheless afforded the parties additional time to submit evidence concerning the computation of damages and to request a hearing on the issue of damages. The time to submit additional materials has now expired and neither party has submitted any additional evidence or requested an evidentiary hearing. Accordingly, Plaintiff has satisfied the requirements of Fed. R. Civ. P. 55(b)(2) and N.D.N.Y.L.R. 55.2 and has provided sufficient evidence to support the amount of damages sought. It is, therefore, ORDERED that the clerk of the court shall 1 enter judgment for Plaintiff in the amount of $86,970.13. IT IS SO ORDERED. Dated: September 8, 2009 2
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