Legal Opinion
Di Marco Constructors, LLC v. Sinacola, Inc.
District Court, W.D. New York
Decided January 4, 2006No. 05-CV-6297LPublishedCited by 1 opinion
1Opinion of the Court
DECISION AND ORDER
LARIMER, District Judge.
INTRODUCTION
Plaintiff DiMarco Constructors, LLC (“DiMarco”) commenced this diversity action against Sinacola, Inc. pursuant to 28 U.S.C. §§ 2201 and 2202 and Fed.R.Civ.P. 57 seeking declaratory relief regarding the parties’ rights and obligations in connection with a construction subcontract agreement. (Dkt.# 1). Sinacola has been properly served with process 1 but has failed to appear or to answer the complaint. On August 11, 2005, the Clerk of the Court entered the default of Sinacola. (Dkt.# 4).
DiMarco now moves for default judgment pursuant to…
2Cases cited3 opinions
- Nishimatsu Construction Co., Ltd. v. Houston National Bank, Defendant-Third Party v. Jack D. Baize, Third PartyCourt of Appeals for the Third Circuit · 1975
- Wagstaff-El v. Carlton Press Co.Court of Appeals for the Second Circuit · 1990
- Enron Oil Corp. v. FuchsCourt of Appeals for the Second Circuit · 1993
3Cited by1 opinion
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