The Charter Oak Fire Insurance Company v. HDI-Gerling America Insurance Company

Filing 9

ORDER. Plaintiff shall file any motion for default judgment, in accordance with the Court's Individual Rules and Practices for Civil Cases (available at https://nysd.uscourts.gov/hon-jesse-m-furman), within two weeks of the date of this Order . To be clear: Plaintiff must file its motion for default judgment, not merely its request for a Clerk's Certificate of Default, by the above deadline. Plaintiff shall serve a copy of this Order electronically and/or by first-class mail on Defendant within two business days from the date of this Order and shall file proof of such service within three business days of the date of this Order. SO ORDERED. (Signed by Judge Jesse M. Furman on 9/25/24) (yv)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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THE CHARTER OAK FIRE INSURANCE COMPANY, :
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Plaintiff,
:
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-v:
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HDI-GERLING AMERICA INSURANCE COMPANY, :
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Defendant.
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:
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24-CV-6322 (JMF)
ORDER

JESSE M. FURMAN, United States District Judge:
Defendant in this action appears to be in default. Plaintiff shall file any motion for
default judgment, in accordance with the Court’s Individual Rules and Practices for Civil Cases
(available at https://nysd.uscourts.gov/hon-jesse-m-furman), within two weeks of the date of
this Order. Plaintiff should familiarize itself with Local Civil Rules 55.1 and 55.2, which, along
with Rule 55 of the Federal Rules of Civil Procedure and Rule 4(J) of the Court’s Individual
Rules, govern default judgment motion practice before this Court. Per Local Civil Rule 55.2, a
party seeking default judgment must append to the motion a Clerk’s Certificate of Default, which
may be obtained by following the procedure described in Local Civil Rule 55.1. To be clear:
Plaintiff must file its motion for default judgment, not merely its request for a Clerk’s Certificate
of Default, by the above deadline.
If Plaintiff’s counsel submits calculations in support of any motion for default judgment,
Plaintiff’s counsel shall also email native versions of the files with the calculations (i.e., versions
of the files in their original format, such as in “.xlsx”) to Chambers at Furman_
[e-mail]. If or when a motion for default judgment is filed, the
Court will enter a further Order setting a deadline for any opposition and reply and scheduling a
show cause hearing. If no motion for default judgment is filed by the deadline set forth above,
the case may be dismissed for failure to prosecute without further notice to the parties.
Plaintiff shall serve a copy of this Order electronically and/or by first-class mail on
Defendant within two business days from the date of this Order and shall file proof of such
service within three business days of the date of this Order.
SO ORDERED.
Dated: September 25, 2024
New York, New York

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JESSE M. FURMAN
United States District Judge