Community Association Underwriters of America, Inc. v. Advanced Chimney Inc. et al

Filing 72

MEMORANDUM OF DECISION & ORDER: The Court hereby refers this matter to United States Magistrate Judge Gary R. Brown for a recommendation as to whether the motion for a default judgment should be granted, and if so, whether damages should be awarded. The Clerk of the Court is respectfully directed to note the referral. SEE ATTACHED DECISION for details. SO ORDERED by Judge Arthur D. Spatt on 9/27/2018. Motion 66 referred to Judge Gary R. Brown. (Coleman, Laurie)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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COMMUNITY ASSOCIATION
UNDERWRITERS OF AMERICA, INC. a/s/o
WHITEWOOD AT NORTH HILLS
CONDOMINIUM,

FILED 
CLERK 

4:25 pm, Sep 27, 2018

U.S. DISTRICT COURT 
EASTERN DISTRICT OF NEW YORK 
LONG ISLAND OFFICE 

MEMORANDUM OF
DECISION & ORDER
2:17-cv-1207 (ADS) (GRB)

Plaintiffs,
-againstADVANCED CHIMNEY INC. and
ADVANCED MAINTENANCE, INC. D/B/A
ADVANCED CHIMNEY,
Defendants.
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ADVANCED CHIMNEY INC. and
ADVANCED MAINTENANCE, INC. D/B/A
ADVANCED CHIMNEY,
Third-Party Plaintiffs,
-againstWHITEWOOD HOMES INC., WHITEWOOD
AT NORTH HILLS ASSOCIATES, CARL
VERNICK, THOMAS HALSTEAD and
JUDITH KATZ
Third-Party Defendants.
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SPATT, District Judge.
On March 2, 2017, the Plaintiffs commenced this negligence action against the Defendants,
seeking to recover insurance proceeds pursuant to an insurance police that were paid out as a result
of a house fire.

On June 4, 2018, the Defendants filed a Third-Party Complaint for common law
contribution against the Third-Party Defendants.
On August 20, 2018, the Clerk of the Court issued a Certificate of Default, pursuant to Rule
55(a) of the Federal Rules of Civil Procedure.
On September 7, 2018, the Defendants moved for a default judgment against Third-Party
Defendants Whitewood Homes, Inc. and Whitewood at North Hills Associates.
The Court hereby refers this matter to United States Magistrate Judge Gary R. Brown for
a recommendation as to whether the motion for a default judgment should be granted, and if so,
whether damages should be awarded. The Clerk of the Court is respectfully directed to note the
referral.

SO ORDERED.
Dated: Central Islip, New York
September 27, 2018
___/s/ Arthur D. Spatt_____
ARTHUR D. SPATT
United States District Judge