The Hanover Insurance Company v. Lewis et al

Filing 16

DEFAULT JUDGMENT entered against All Defendants in total amount $1,289,535.71 plus court costs, interest and attorneys fees; GRANTING 15 MOTION for Default Judgment against All Defendants. Case terminated on 3/7/17.(Signed by Chief Judge Lee H Rosenthal) Parties notified.(leddins, 4)

United States District Court
Southern District of Texas

ENTERED
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
THE HANOVER INSURANCE COMPANY, §
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Plaintiff,
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VS.
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ROSALIND C. LEWIS, MARK
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PARTICKA, HAROLD HARDIN, and
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AVA KATHERINE HARDIN,
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Defendants.
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March 07, 2017
David J. Bradley, Clerk

CIVIL ACTION NO. H-16-2950

ENTRY OF DEFAULT AND FINAL DEFAULT JUDGMENT
The plaintiff, The Hanover Insurance Company, filed an Application for Default Judgment
against the defendants, Rosalind C. Lewis, Mark Particka, Harold Hardin, and Ava Katherine
Hardin. (Docket Entry No. 15). The court finds that summons was properly served on the
defendants and filed with the Clerk of Court. The defendants have failed to appear.
Default is entered under FED R. CIV. P. 55. The record, including the affidavit of Brian
Lebrun and the declaration of Robert M. Fitzgerald, with the supporting documents attached to the
motion, shows that the damages against the defendants are liquidated, and that the measure of the
plaintiff’s principal damages and reasonable and necessary attorney’s fees can be accurately
calculated by referring to the allegations in the complaint and in the affidavit of Brian Lebrun and
the declaration of Robert M. Fitzgerald. Final default judgment is therefore entered.
The court finds that the defendants are liable to the plaintiff, jointly and severally, under a
written indemnity agreement in the principal sum of $1,289,535.71, representing the net losses and
expenses incurred and paid by the plaintiff as a result of the claims and demands made against the

plaintiff under various surety bonds issued by the plaintiff on behalf of the principal, Rozco
Contracting, Inc., on public works construction projects in Texas.
The court further finds that the plaintiff is entitled to an award of reasonable and necessary
attorney’s fees through trial, in the amount of $1,500.00.
The court further finds that the plaintiff is entitled to an award of taxable costs of court, and
postjudgment interest at the statutory rate on this judgment until it is paid.
The court orders that:
The plaintiff, The Hanover Insurance Company, recover from the defendants, Rosalind C.
Lewis, Mark Particka, Harold Hardin, and Ava Katherine Hardin, jointly and severally, the principal
amount of $1,289,535.71, plus reasonable and necessary attorneys’ fees in the amount of $1,500.00,
plus costs of court in the amount of $400.00, and postjudgment interest at the rate of .82% per
annum on the amount of this default judgment from and after the date of entry until paid in full.
This is a final judgment.
SIGNED on March 7, 2017, at Houston, Texas.
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Lee H. Rosenthal
Chief United States District Judge

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