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Seaford Ave. Corp. v. ION Ins. Co. Inc.

Contractor Denied Default Judgment on Bond; 1993 'Enron' Factors Favor Default's Vacatur

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MEMORANDUM & ORDER Presently before the Court is Plaintiff’s Motion for Default Judgment pursuant to Federal Rule of Civil Procedure (hereafter “FRCP”) 55(b)(2). (See Mot., ECF No. 18.) Plaintiff seeks: (1) entry of default judgment against Defendant on the First and Second Counts asserted in its Complaint; and (2) an award of post-judgment interest pursuant to 28 U.S.C. §1961. (Id. at 1.) Defendant opposes Plaintiff’s Motion via letter to the Court and through the filing of a belated answer. (See Joint Letter, ECF No. 22; Am. Answer, ECF No. 24.) For the reasons that follow, Plaintiff’s Motion for Default Judgment is DENIED. BACKGROUND1 This case relates to a construction project as to which Plaintiff alleges it was retained to perform certain work but was not paid. Specifically, Plaintiff alleges that the “Governor’s Office of Storm Recovery of the Housing Trust Fund Corporation (hereafter “GOSR”), as project owner and DRG Construction LLC (hereafter “DRG”) as general contractor, entered into a written agreement” (hereafter the “Construction Contract”) which required DRG to provide labor and materials in connection “with a public improvement construction project located at 255 Lawrence Avenue, Inwood, New York.” (Scott Aff. 3.) Defendant acted as “DRG’s surety company in connection with the Project” and issued “GOSR a payment bond…in the amount of $5,404,363.04.” (Id. at 4.) Subsequently, DRG retained Plaintiff “to perform emergency repair and replacement work [on] a defective sewer main at the Project in exchange for payment from DRG” in the amount of $270,526.43. (Id. at

5-6.) To date, Plaintiff alleges that it has not been paid, despite completing the work required. (Id. at

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