570 City Island Avenue, L.L.C. v. Amguard Insurance Company
| 570 City Island Avenue, L.L.C. |
| Amguard Insurance Company |
| 7:2014cv02373 |
| April 4, 2014 |
| US District Court for the Southern District of New York |
| Vincent L Briccetti |
| Insurance |
| 28 U.S.C. § 1332 in Diversity-Insurance Contract |
| Plaintiff |
Docket Report
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Filing 29
STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned attorneys of record for the parties to the above entitled action, that this action is hereby dismissed with prejudice, without costs or disbursements to any party against any other. (Signed by Judge Vincent L. Briccetti on 1/5/2014) (rj)
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| ***NOTE TO ATTORNEY - DOCUMENT REFERRED TO JUDGE FOR APPROVAL. Note to Attorney Yale Glazer Document #28 Stipulation of Voluntary Dismissal was referred to Judge Vincent L. Briccetti for approval. (km) |
| Filing 28 DOCUMENT REFERRED TO JUDGE FOR APPROVAL - STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) All Parties and without costs to either party pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Amguard Insurance Company.(Glazer, Yale) Modified on 1/5/2015 (km). |
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Filing 27
ORDER: The Court has been informed that the parties have reached a settlement agreement in this case. Accordingly, it is hereby ORDERED that this action is dismissed without costs and without prejudice to restoring the action to the Court's calendar, provided the application to restore the action is made by December 22, 2014. (Signed by Judge Vincent L. Briccetti on 11/7/2014) (rj)
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| Minute Entry for proceedings held before Magistrate Judge Lisa Margaret Smith: Status Conference held on 11/07/2014, Jonathan Murphy appearing by telephone for Plaintiff, and Yale Glazer appearing by telephone for Defendant. Settlement reached. Adjourned. (ldr) |
| Minute Entry for proceedings held before Magistrate Judge Lisa Margaret Smith: Status Conference held on 11/04/2014, Jonathan Murphy appearing by telephone for Plaintiff, and Yale Glazer appearing by telephone for Defendant. Adjourned to 11/07/2014 at 12:30 PM for telephonic status conference. (Status Conference set for 11/7/2014 at 12:30 PM before Magistrate Judge Lisa Margaret Smith.) (ldr) |
| Minute Entry for proceedings held before Magistrate Judge Lisa Margaret Smith: Settlement Conference held on 10/30/2014, Jonathan Murphy appearing in person for Plaintiff, and Yale Glazer appearing in person for Defendant. Adjourned to 11/04/2014 at 2:30 PM for telephonic status conference. (Status Conference set for 11/4/2014 at 02:30 PM before Magistrate Judge Lisa Margaret Smith.) (Court Reporter courtflow) (ldr) |
| Filing 26 RESCHEDULING NOTICE: The matter of 570 City Island Avenue, L.L.C. v. Amguard Insurance Company has been rescheduled from an in-person settlement conference on Wednesday, October 1, 2014, at 2:15 P.M. before the Hon. Lisa Margaret Smith, United States Magistrate Judge, to an in-person settlement conference on Thursday, October 30, 2015, at 2:15 P.M. in Courtroom 520. Settlement Conference set for 10/30/2014 at 02:15 PM in Courtroom 520, 300 Quarropas Street, White Plains, NY 10601 before Magistrate Judge Lisa Margaret Smith. (Signed by Magistrate Judge Lisa Margaret Smith on 9/12/2014) (rj) |
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Filing 25
RESCHEDULING ORDER:The matter of 570 City Island Avenue, L.L.C. v. Amguard Insurance Company has been rescheduled from an in-person settlement conference on Wednesday, September 24, 2014, at 2:15 P.M. before the Hon. Lisa Margaret Smith, United States Magistrate Judge, to an in-person settlement conference on Wednesday, October 1, 2014, at 2:15 P.M. in Courtroom 520. Settlement Conference set for 10/1/2014 at 02:15 PM in Courtroom 520, 300 Quarropas Street, White Plains, NY 10601 before Magistrate Judge Lisa Margaret Smith. (Signed by Magistrate Judge Lisa Margaret Smith on 8/22/2014) (rj)
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| Filing 24 SCHEDULING NOTICE: The matter of 570 City Island Avenue, L.L.C. v. Amguard Insurance Company has been scheduled for an in-person settlement conference on Wednesday, 9/24/2014 at 02:15 PM in Courtroom 520, 300 Quarropas Street, White Plains, NY 10601 before Magistrate Judge Lisa Margaret Smith. (Signed by Magistrate Judge Lisa Margaret Smith on 8/8/2014) (mml) |
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Filing 23
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement* Settlement conference to be held on or after September 15, 2014. Referred to Magistrate Judge Lisa Margaret Smith. (Signed by Judge Vincent L. Briccetti on 8/6/2014) (rj)
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Filing 22
CIVIL CASE DISCOVERY PLAN AND SCHEDULING ORDER:All parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial, pursuant to 28 U.S.C. 636(c). The parties are free to withhold consent without adverse substantive consequences. (If all parties consent, the remaining paragraphs of this form need not be completed.) This case is to be tried to a jury. The parties have conferred and their present best estimate of the length of the trial is 3 days. Court will refer case to Judge Smith for settlement conference, on or after 9/15/14. Motions due by 9/5/2014. Expert Deposition due by 1/16/2015. Fact Discovery due by 12/4/2014. Expert Discovery due by 1/16/2015. Discovery due by 1/30/2015. Case Management Conference set for 2/9/2015 at 10:00 AM before Judge Vincent L. Briccetti. (Signed by Judge Vincent L. Briccetti on 8/6/2014) (rj)
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Filing 21
ORDER granting #20 Letter Motion to Adjourn Conference: The initial conference scheduled for 7/24/2014 is adjourned to 8/6/2014 at 10:00 a.m. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (Briccetti, Vincent)
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| Filing 20 LETTER MOTION to Adjourn Conference scheduled for July 24, 2014 addressed to Judge Vincent L. Briccetti from Yale Glazer, Esq. dated June 25, 2014. Document filed by Amguard Insurance Company.(Glazer, Yale) |
| Filing 19 NOTICE OF INITIAL CONFERENCE:This matter has been scheduled for an Initial Case Management and Scheduling Conference, pursuant to Fed. R. Civ. P. 16, on 7/24/14 at 10:30 am, at the United States Courthouse, 300 Quarropas Street, Courtroom 620, White Plains, NY 10601. Case Management Conference set for 7/24/2014 at 10:30 AM in Courtroom 620, 300 Quarropas Street, White Plains, NY 10601 before Judge Vincent L. Briccetti. (rj) |
| NOTICE OF CASE REASSIGNMENT to Judge Vincent L. Briccetti. Judge Louis L. Stanton is no longer assigned to the case. (pgu) |
| Magistrate Judge Lisa M. Smith is so redesignated. (pgu) |
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Filing 18
ORDER FOR CONFERENCE PURSUANT TO RULE 16(b): This action is scheduled for a conference in accordance with Fed. R. Civ. P. 16(b) on Friday, June 20, 2014 at 2:30 p.m. in courtroom 21C. The parties must be prepared to discuss, at the conference, the subjects set forth in subdivisions (b) and (c) of Rule 16. And as set forth herein. Initial Conference set for 6/20/2014 at 02:30 PM in Courtroom 21C, 500 Pearl Street, New York, NY 10007 before Judge Louis L. Stanton. (Signed by Judge Louis L. Stanton on 5/13/2014) (ama)
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| Filing 17 ANSWER to #16 Amended Complaint,. Document filed by Amguard Insurance Company.(Glazer, Yale) |
| Filing 16 FIRST AMENDED COMPLAINT amending #14 Amended Complaint, against Amguard Insurance Company with JURY DEMAND.Document filed by 570 City Island Avenue, L.L.C.. Related document: #14 Amended Complaint, filed by 570 City Island Avenue, L.L.C.. (Attachments: #1 Exhibit Consent to Amended Pleading)(Gardner, Justin) |
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Filing 15
ORDER withdrawing #5 Motion to Dismiss. Plaintiff has amended its complaint (docket no. 12), and, in so doing, has mooted Amguard's motion to dismiss. Accordingly, Amguard hereby respectfully withdraws its pending Dkt. # 5 motion. SO ORDERED. (Signed by Judge Louis L. Stanton on 5/12/2014) (ama)
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| ***NOTICE TO ATTORNEY REGARDING DEFICIENT AMENDED COMPLAINT. Notice to Attorney Justin Gardner RE: Document No. #14 Amended Complaint,. The filing is deficient for the following reason(s): Filing Does Not Comply with FRCP Rule 15 (a)(1)(A)(B)(2). File the Exhibit to Pleading event found under the event category Other Documents and attach either opposing party's written consent or Court's leave. (lcu) |
| Filing 14 FILING ERROR - DEFICIENT PLEADING - FRCP RULE 15 NON-COMPLIANCE FIRST AMENDED COMPLAINT amending #12 Amended Complaint, against Amguard Insurance Company with JURY DEMAND.Document filed by 570 City Island Avenue, L.L.C.. Related document: #12 Amended Complaint, filed by 570 City Island Avenue, L.L.C..(Gardner, Justin) Modified on 5/12/2014 (lcu). |
| Filing 13 FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - MOTION to Withdraw #5 FIRST MOTION to Dismiss Complaint. . Document filed by Amguard Insurance Company.(Glazer, Yale) Modified on 5/13/2014 (db). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT AMENDED COMPLAINT. Notice to Attorney Justin Matthew Gardner RE: Document No. #12 Amended Complaint,. The filing is deficient for the following reason(s): Filing Does Not Comply with FRCP Rule 15the wrong party was selected for FILED AGAINST File the Exhibit to Pleading event found under the event category Other Documents and attach either opposing party's written consent or Court's leave.Re-file the document and select the correct party you are filing against. (cde) |
| Filing 12 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR FILING ERROR - DEFICIENT PLEADING - FRCP RULE 15 NON-COMPLIANCE FIRST AMENDED COMPLAINT against All Plaintiffs with JURY DEMAND.Document filed by 570 City Island Avenue, L.L.C..(Gardner, Justin) Modified on 5/9/2014 (cde). |
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Filing 11
MEMO ENDORSEMENT on re: #10 Letter filed by 570 City Island Avenue, L.L.C. Plaintiff's opposing affidavits and/or answering memoranda shall be served by May 9, 2014; Defendant's reply affidavits and/or answering memoranda shall be served by May 16, 2014; and the motion shall be returnable on May 19, 2014. ENDORSEMENT: SO ORDERED.(Signed by Judge Louis L. Stanton on 4/24/2014) (ama) Modified on 4/24/2014 (ama).
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| Filing 10 LETTER addressed to Judge Louis L. Stanton from Jonathan A. Murphy, Esq. dated 4/23/2014 re: Request Adjournment of Motion to Dismiss. Document filed by 570 City Island Avenue, L.L.C..(Murphy, Jonathan) |
| Filing 9 NOTICE OF APPEARANCE by Jonathan Alan Murphy on behalf of 570 City Island Avenue, L.L.C.. (Murphy, Jonathan) |
| Filing 8 NOTICE OF APPEARANCE by Justin Matthew Gardner on behalf of 570 City Island Avenue, L.L.C.. (Gardner, Justin) |
| Filing 7 MEMORANDUM OF LAW in Support re: #5 FIRST MOTION to Dismiss Complaint.. Document filed by Amguard Insurance Company. (Glazer, Yale) |
| Filing 6 DECLARATION of Yale Glazer, Esq. in Support re: #5 FIRST MOTION to Dismiss Complaint.. Document filed by Amguard Insurance Company. (Attachments: #1 Exhibit Notice of Removal with Attachments, #2 Exhibit Amguard Policy)(Glazer, Yale) |
| Filing 5 FIRST MOTION to Dismiss Complaint. Document filed by Amguard Insurance Company. Responses due by 4/25/2014(Glazer, Yale) |
| Filing 4 AFFIDAVIT OF SERVICE of RULE 7.1 DISCLOSURE, NOTICE OF REMOVAL, CIVIL COVER SHEET, ECF INSTRUCTIONS and THE INDIVIDUAL RULES OF JUDGE STANTON AND MAGISTRATE JUDGE ELLIS served on 570 City Island Avenue, LLC on April 4, 2014. Service was made by mail. Document filed by Amguard Insurance Company. (Glazer, Yale) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent National Indemnity Company, Corporate Parent Berkshire Hathaway, Inc., Corporate Parent Guard Insurance Group, Inc., Corporate Parent Guard Financial Group, Inc., Corporate Parent Clal U.S. Holdings, Inc. for Amguard Insurance Company. Document filed by Amguard Insurance Company.(Glazer, Yale) |
| Filing 2 CIVIL COVER SHEET filed. (laq) |
| Filing 1 NOTICE OF REMOVAL from Supreme Court, County of Bronx. Case Number: 20954-2014. (Filing Fee $ 350.00, Receipt Number 109659).Document filed by Amguard Insurance Company.(laq) (laq). (Main Document 1 replaced on 4/10/2014) (laq). |
| Magistrate Judge Ronald L. Ellis is so designated. (laq) |
| Case Designated ECF. (laq) |
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| Plaintiff: 570 City Island Avenue, L.L.C. | |
| Represented By: | Jonathan Alan Murphy |
| Represented By: | Justin Matthew Gardner |
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| Defendant: Amguard Insurance Company | |
| Represented By: | Stephen Michael Lazare |
| Represented By: | Yale Howard Glazer |
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