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

Background

Rutgers Casualty Insurance Company filed a motion under Rule 55(b)(2) of the Federal Rules of Civil Procedure and Local Civil Rule 55.2(b) seeking entry of a default judgment. A default judgment is a judgment entered because a defendant did not respond or otherwise participate as required. The court had scheduled a hearing on the motion for September 22, 2022.

Service Issue

The court stated that it could not properly enter a default judgment unless it had jurisdiction over the defendant—that is, legal authority over the party—and each defendant had been effectively served with process. The order specifically directed Rutgers to address whether its service on Rochdale Insurance Company, by first-class mail addressed to the New York State Department of Financial Services, was proper. The order cited authority discussing New York service requirements for corporations, including personal service on an officer or agent and the requirements for service by mail.

Court’s Action

The court ordered Rutgers to submit a letter brief addressing the service issue no later than September 20, 2022. As an alternative, Rutgers could file a letter motion seeking to adjourn the default-judgment hearing so that any service problems could be cured. Judge Jesse M. Furman did not grant or deny the default-judgment motion in this order.

Disposition

The order requires additional briefing or, alternatively, permits a request to postpone the hearing. It does not state a final disposition of Rutgers’s motion for default judgment.