Rutgers Casualty Insurance Company v. FT Hardwood Floors & Construction, Inc. et al

Filing 27

ORDER. No later than September 20, 2022, Plaintiff shall submit a letter brief addressing whether service on Rochdale Insurance Company by first class mail addressed to the New York State Department of Financial Services was proper. See ECF No. 18, 12; see also, e.g., Obot v. Citibank S. Dakota, N.A., 347 F. App'x 658, 65960 (2d Cir. 2009) (Obots attempt to serve Citibank by mailing the complaint... did not effect service under New York Civil Practice Law and Rules (CPLR) § 311 or § 312-a. Section 311(a)(1) requires that personal service be made on a corporation's officer or agent. Although § 312-a provides for service by mail,... [s]ervice under this section is not complete until the signed acknowledgment o f receipt is mailed back to the sender. See § 312-a(b). (emphasis added)). Alternatively, Plaintiff may move, by letter motion, to adjourn the default judgment hearing to cure any service problems. SO ORDERED. (Signed by Judge Jesse M. Furman on 9/16/22) (yv)

Case 1:22-cv-05310-JMF Document 27 Filed 09/16/22 Page 1 of 1

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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:
RUTGERS CASUALTY INSURANCE COMPANY,
:
:
Plaintiff,
:
:
-v:
:
FT HARDWOOD FLOORS & CONSTRUCTION, INC. :
et al.,
:
:
Defendants.
:
:
---------------------------------------------------------------------- X

22-CV-5310 (JMF)
ORDER

JESSE M. FURMAN, United States District Judge:
On August 16, 2022, Plaintiff filed a motion for entry of a default judgment under Rule
55(b)(2) of the Federal Rules of Civil Procedure and Local Civil Rule 55.2(b). See ECF No. 17.
A default judgment hearing is currently scheduled for September 22, 2022, at 3:00 p.m.
“It is well settled that a court may not properly enter a default judgment unless it has
jurisdiction over the party against whom the judgment is sought, which means that [each
defendant] must have been effectively served with process.” Cont'l Indem. Co. v. Bulson Mgmt.,
LLC, No. 20-CV-3479 (JMF), 2022 WL 1747780, at *2 (S.D.N.Y. May 31, 2022) (internal
quotation marks omitted). No later than September 20, 2022, Plaintiff shall submit a letter brief
addressing whether service on Rochdale Insurance Company by first class mail addressed to the
New York State Department of Financial Services was proper. See ECF No. 18, ¶ 12; see also,
e.g., Obot v. Citibank S. Dakota, N.A., 347 F. App'x 658, 659–60 (2d Cir. 2009) (“Obot’s attempt
to serve Citibank by mailing the complaint . . . did not effect service under New York Civil
Practice Law and Rules (“CPLR”) § 311 or § 312-a. Section 311(a)(1) requires that personal
service be made on a corporation's officer or agent. Although § 312-a provides for service by
mail, . . . [s]ervice under this section is not complete until the signed acknowledgment of receipt
is mailed back to the sender. See § 312-a(b).” (emphasis added)). Alternatively, Plaintiff may
move, by letter motion, to adjourn the default judgment hearing to cure any service problems.
SO ORDERED.
Dated: September 16, 2022
New York, New York

__________________________________
JESSE M. FURMAN
United States District Judge