Cumis Insurance Society, Inc. v. LaPierre

Filing 15

ORDER: regarding the granting of the # 12 Motion for Default Judgment filed by Cumis Insurance Society, Inc., the Clerk of the Court shall enter a default judgment in favor of Plaintiff and against Defendant in the amount of $410,998.45 plus p rejudgment interest on that sum in the amount of $72,356.76, calculated using New York's statutory rate of 9% per annum, from May 6, 2011, until the date that judgment is entered, i.e., April 19, 2013; and post-judgment interest on the award of $410,998.45 at the rate of 0.12 per cent per year pursuant to 28 U.S.C. § 1961. Further Ordered that the Clerk of the Court shall tax costs against Defendant in the amount of $435.00, which shall be added to the judgment; and the Court further Orders that the Clerk of the Court shall serve a copy of this Order and the Judgment on Defendant by regular mail at Mid-State Correctional Facility. Signed by Senior Judge Frederick J. Scullin, Jr on 4/19/2013. {Copy sent to defendant by regular mail} (jmb)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
______________________________________________
CUMIS INSURANCE SOCIETY, INC.,
Plaintiff,
v.

6:12-CV-1070
(FJS/ATB)

JASON J. LAPIERRE,
Defendant.
______________________________________________
APPEARANCES

OF COUNSEL

MCNAMEE, LOCHNER, TITUS
& WILLIAMS, P.C.
677 Broadway
Albany, New York 12207-2503
Attorneys for Plaintiff

KENNETH L. GELLHAUS, ESQ.

JASON J. LAPIERRE
Defendant

NO APPEARANCE

SCULLIN, Senior Judge
ORDER
In a Memorandum-Decision and Order dated April 8, 2013, the Court concluded that
Plaintiff was entitled to entry of a default judgment in the amount of $410,998.45 against
Defendant. See Dkt. No. 13 at 10. However, the Court reserved decision with respect to
Plaintiff's request for prejudgment interest and instructed Plaintiff to file an affidavit and the
necessary documentation to indicate the date on which it believed that prejudgment interest
started to accrue, why it chose that particular date, and the amount of prejudgment interest to
which it claimed it was due from that date through April 26, 2013. See id. at 10-11. Finally, the
Court reserved decision with respect to Plaintiff's Bill of Costs and instructed Plaintiff to file a

new Bill of Costs, together with an affidavit and other documentation necessary to demonstrate
that it had expended the funds for which it sought reimbursement in its Bill of Costs. See id. at
11 (footnote omitted).
On April 17, 2013, Plaintiff filed the required documentation. See Dkt. No. 14. Based on
the Court's review of this documentation as well as its own calculations, the Court concludes that
prejudgment interest began to accrue on May 6, 2011, the date on which Plaintiff transmitted the
funds to the Bank. Furthermore, the Court finds that the prejudgment interest rate is 9 per cent
per annum or $101.34 per day ($410,998.45 x 9% /365). Therefore, the Court concludes that
Plaintiff is entitled to prejudgment interest in the amount of $72,356.76 ($101.34 x 714 days,
which is the number of days between May 6, 2011, and April 19, 2013).
Furthermore, Plaintiff has filed a new Bill of Costs, which seeks costs in the amount of
$435.00, comprised of $350.00 for "Fees of the Clerk" and $85.00 for "Fees for service of
summons and complaint," and provided the documentation to support these costs. See Dkt. No.
14-1. Therefore, the Court concludes that Plaintiff is entitled to taxation of costs against
Defendant in the amount of $435.00.
Accordingly, having reviewed the entire file in this matter, Plaintiff's submissions and the
applicable law, and for the above-stated reasons, the Court hereby
ORDERS that the Clerk of the Court shall enter a default judgment in favor of Plaintiff
and against Defendant in the amount of $410,998.45 plus prejudgment interest on that sum in the
amount of $72,356.76, calculated using New York's statutory rate of 9% per annum, from May 6,
2011, until the date that judgment is entered, i.e., April 19, 2013; and post-judgment interest on
the award of $410,998.45 at the rate of 0.12 per cent per year pursuant to 28 U.S.C. § 1961; and
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the Court further
ORDERS that the Clerk of the Court shall tax costs against Defendant in the amount of
$435.00, which shall be added to the judgment; and the Court further
ORDERS that the Clerk of the Court shall serve a copy of this Order and the Judgment
on Defendant by regular mail at the following address:
Jason LaPierre
11-A-3150
Mid-State Correctional Facility
Marcy, New York 13403

IT IS SO ORDERED.

Dated: April 19, 2013
Syracuse, New York

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