Opinion
22-cv-9295 (JSR)
12-20-2022
NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA., on Behalf of Itself and Each of Its Related Companies that Provided Insurance Coverage to Respondent, v. INDEPENDENT SERVICE PROVIDER, LLC, Respondent. Petitioner,
Michael S. Davis, Esq. ZEICHNER ELLMAN & KRAUSE LLP Attorneys for Petitioner National Union Fire Insurance Company of Pittsburgh, PA
Michael S. Davis, Esq.
ZEICHNER ELLMAN & KRAUSE LLP
Attorneys for Petitioner National Union Fire Insurance Company of Pittsburgh, PA
DEFAULT JUDGMENT CONFIRMING ARBITRATION AWARD AND MONEY JUDGMENT FOR PETITIONER
HON. JED S. RAKOFF, U.S.D.J.
This action having been commenced on October 30, 2022, by the filing of a Summons and Petition to Confirm Arbitration Award by petitioner; and a copy of the Summons and Petition having been personally served on respondent INDEPENDENT SERVICE PROVIDER, LLC on November 11, 2022, by personal service in accordance with the Federal Rules of Civil Procedure upon Mark Scoggins, Esq., a registered agent authorized to accept service of process on behalf of respondent; and a Return of Service having been filed on November 22, 2022, with the Clerk of the Court; and respondent not having answered, moved or otherwise responded to the Summons and Petition; and respondent not having entered an appearance in the action either in person or by representative; and the time for responding to the Summons and Petition having expired, and the Clerk having entered a certificate of default, it is
ORDERED, ADJUDGED AND DECREED, that:
Pursuant to section 9 of the United States Arbitration Act (9 USC §9), the Arbitration Award marked “Final Award” issued by arbitrators Tom Stillman, Fred Marziano and Stephen Sedlack, dated October 29,2022, is hereby confirmed is all respects and may be enforced by any court with competent jurisdiction to enforce such Final Award; and
In accordance with such Final Award, National Union Fire Insurance Company of Pittsburgh, PA. shall have a money judgment against Independent Service Provider, LLC in the amount of $207,039 plus simple interest at 9% from June 30, 2022, (which equals $215,819 as of December 19, 2022) plus the additional sums of $572 for the filing fee in this Court ($402), the fee for service of process ($150), plus authorized statutory costs ($20), amounting in all to $216,391 as of December 19, 2022, and that petitioner National Union Fire Insurance Company of Pittsburgh, PA have execution thereon.
In accordance with such Final Award, respondent Independent Service Provider, LLC shall not recover any amount from National Union Fire Insurance Company of Pittsburgh, PA.