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17-108 - The Hanover Insurance Company v. Harding Enterprises, LLC et al


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17-108 - The Hanover Insurance Company v. Harding Enterprises, LLC et al
January 22, 2018
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MEMORANDUM AND ORDER re:23 First MOTION to Strike filed by Plaintiff The Hanover Insurance Company: IS HEREBY ORDERED that Plaintiff's Motion to Strike Pleadings and for Default Judgment of Plaintiff The Hanover Insurance Company (Doc. 23) is granted in part and denied in part. IT IS FURTHER ORDERED that Plaintiff's request that the pleadings be stricken and default judgment be entered is denied without prejudice. IT IS FURTHER ORDERED that Defendants' request foees for bringing the present Motion. Signed by Magistrate Judge Abbie Crites-Leoni on 1/22/2018. (JMC)r an order compelling production be granted as follows: No later than January 29, 2018, Defendants shall provide complete, accurate, and nonprivileged information responsive to Plaintiff's First Interrogatories and Requests for Production; and provide documents in connection with their Rule 26 disclosures. Failure to fully comply will result in further sanctions, including the entry of default judgment. IT IS FURTHER ORDERED that Defendants shall pay to Plaintiff $1,180 as reasonable f
February 21, 2018
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MEMORANDUM AND ORDER: IS HEREBY ORDERED that Plaintiff's Second Motion to Strike Pleadings and for Default Judgment (Doc. 32) is granted. IT IS FURTHER ORDERED that Defendants' Answer and pleadings are stricken pursuant to Rule 37(b)(2)(C). IT IS FURTHER ORDERED that default judgment is entered in favor of Plaintiff The Hanover Insurance Company and against Defendants Harding Enterprises, LLC, Diamond H Ranch, LLC, Greggory A. Harding, and Andrea D. Harding, pursuant to Rule 37(b)(2)(C). IT IS FURTHER ORDERED that Plaintiff shall have until March 2, 2018, to submit documentation clarifying and supporting its request for damages in the amount of $4,976,855, including past expenses paid, the claims that are still open, estimated expenses for completion of the bonded projects, articulation of interest claimed, and a verified statement of attorneys' fees and expenses reasonably incurred and anticipated, as well as legal authority for award of future attorney fees. The Court defers entry of final judgment until such time as the Court has made adetermination on the issue of damages. IT IS FURTHER ORDERED that Plaintiff shall submit a verified statement of attorneys fees for drafting the motion (Doc. 32) and accompanying suggestions in support. ( Response to Court due by 3/2/2018.) Signed by Magistrate Judge Abbie Crites-Leoni on 2/21/2018. (JMC)