ZURICH AMERICAN INSURANCE COMPANY v. TYREE HOLDINGS CORP.

Filing 7

ORDER granting 6 Motion for Default Judgment; ORDERED that default judgment shall be entered in favor of Pltf and against Deft in the amount of $127,348.83, etc. Signed by Chief Judge Jerome B. Simandle on 9/17/2014. (dmr)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY

ZURICH AMERICAN INSURANCE
COMPANY,
Civil Action
No. 14-4127 (JBS/KMW)

Plaintiff,
v.

ORDER FOR DEFAULT JUDGMENT
TYREE HOLDINGS CORP.,
Defendant.

This matter comes before the Court on Plaintiff Zurich
American Insurance Company’s (hereinafter, “Plaintiff”) motion
for default judgment in the amount of $127,348.83 plus interest,
costs, and attorney’s fees. [Docket Item 6.]

Plaintiff filed

the Complaint in this action on June 27, 2014 [Docket Item 1],
and effectuated service of Plaintiff’s Complaint on July 2,
2014. [Docket Item 4.]

Defendant filed no response to

Plaintiff’s Complaint, and the Clerk of Court accordingly
entered default against Defendant for failure to plead or
otherwise defend on August 4, 2014.
Plaintiff filed the pending motion for default judgment on
August 19, 2014, which was returnable on September 15, 2014.
[Docket Item 6.]

In support of the pending motion, Plaintiff’s

counsel submitted the affidavit of the “Legal Collections
Specialist” responsible for the collection of certain debts owed
to Plaintiff by policyholders.

[Docket Item 6-1.]

The

affidavit demonstrates that Defendant Tyree Holdings Corp.
(hereinafter, “Defendant”) has failed to remit to Plaintiff
certain premium and surcharge payments in accordance with
Defendant’s obligations under its general liability insurance
policy with Plaintiff.

[Docket Item 6-1.]

The affidavit also

sets forth, with specificity, the twenty-two (22) outstanding
invoices that collectively reflect an outstanding debt of
$127,348.83. [Docket Item 6-1 at ¶ 6.]

Defendant has not filed

a response to the pending motion, and default judgment may be
granted when a party fails to plead or otherwise defend. FED. R.
CIV. P. 55.

The Court will therefore enter default judgment in

favor of Plaintiff in the amount of $127,348.83.
The amount of this default judgment in a sum certain will
be augmented by interest accruing to the date of the entry of
Judgment; Plaintiff has sought leave to file an interest
calculation as of the date of the Order granting default
judgment as well as permission to file with the Clerk of the
Court a request for taxing costs pursuant to Rule 54, Fed. R.
Civ. P. (see Kadian Aff. at ¶ 10), and also for an award of
attorney’s fees for these collection efforts including the
Complaint and Motion for Default (see Totzke Aff. at ¶ 9).
Plaintiff shall submit an Affidavit containing the calculation
of interest sought within fourteen (14) days, as well as its
Affidavit of Costs and attorney’s fees showing the statutory or
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contractual basis for an award of fees herein, and submitted in
the format required by L. Civ. R. 54.2.

An amended default

judgment will be entered if these submissions are timely made
and approved by the Court.
Consequently, for good cause shown,
It is on this

17th

day of

September

, 2014, hereby

ORDERED that default judgment shall be entered in favor of
Plaintiff and against Defendant in the amount of $127,348.83
plus interest, costs, and attorney’s fees pursuant to Fed. R.
Civ. P. 55(b)(2); and it is further
ORDERED that Plaintiff shall, within fourteen (14) days of
entry of this Order, also submit its Affidavit calculating
interest to the date of this Order, as well as its application
for attorney’s fees and expenses under L. Civ. R. 54.2.

s/ Jerome B. Simandle
JEROME B. SIMANDLE
Chief U.S. District Judge

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