HDI- Gerling Industrie Versicherung AG v. Ford Motor Company
| HDI- Gerling Industrie Versicherung AG |
| Ford Motor Company |
| 1:2014cv09629 |
| December 5, 2014 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of U.S. |
| Vernon S Broderick |
| Other Statutes: Arbitration |
| 28 U.S.C. § 1332 ac Diversity-Account Receivable |
| None |
Docket Report
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This docket was last retrieved on November 17, 2015. A more recent docket listing may be available from PACER.
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Filing 45
MEMORANDUM & ORDER: For the foregoing reasons, Gerling's petitions to confirm the Partial Final Award and the Final Award are GRANTED, and Ford's motions to dismiss, stay, or transfer the First Action and dismiss, stay, or transfer the Second Action are DENIED. The Clerk of Court is respectfully directed to terminate the pending motions at Doc. 46 in No. 14-CV-4145 and Docs. 10 and 26 in No. 14-CV-9629 and to close both cases. (Signed by Judge Vernon S. Broderick on 11/17/2015) (tn)
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| Filing 44 LETTER addressed to Judge Vernon S. Broderick from H. Carter Redd dated 11.13.15 re: Proposed Redactions to the Memorandum and Order. Document filed by Ford Motor Company.(Redd, H.) |
| Filing 43 LETTER addressed to Judge Vernon S. Broderick from Corey Worcester dated 11.11.15 Document filed by HDI- Gerling Industrie Versicherung AG.(Worcester, Richard) |
| Filing 42 LETTER MOTION for Extension of Time to Submit Proposed Redactions to the Memorandum and Order addressed to Judge Vernon S. Broderick from Corey Worcester dated November 2, 2015. Document filed by HDI- Gerling Industrie Versicherung AG.(Worcester, Richard) |
| Filing 41 CLERK'S JUDGMENT: That for the reasons stated in the Court's Order dated September 29, 2015, Gerling's petitions to confirm the Partial Final Award and the Final Award are granted; Ford's motions to dismiss, stay, or transfer the First Action and the Second Action are denied; accordingly, these two cases are closed. (Signed by Clerk of Court Ruby Krajick on 9/30/2015) (Attachments: #1 Notice of Right to Appeal, #2 Notice of Right to Appeal)(dt) |
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Filing 40
ORDER denying #26 Motion to Dismiss. Because I conclude that the Partial Final Award was ripe for confirmation when Gerling initially petitioned this Court, it follows that the Second Action relates back to the First Action, that Gerling was the first to file, and that the proceedings should remain in this District. I also find that the parties consented to judicial confirmation of any award arising from arbitration between them, and therefore I may reach the merits of both of Gerling's petitions. Finally, because I conclude that neither the Partial Final Award nor the Final Award exhibits a manifest disregard of the law, Gerling's petitions to confirm the Partial Final Award and the Final Award are GRANTED, and Ford's motions to dismiss, stay, or transfer the First Action and the Second Action are DENIED. A Memorandum and Order explaining my decision will be filed under seal because may contain information that the parties have designated as confidential. A copy of the Memorandum & Order will be sent to the parties. By November 2, 2015, the parties shall jointly provide the Court with proposed redactions to the Memorandum and Order, with a letter laying out the bases upon which continued confidentiality is required. I will consider the parties' proposed redactions and will either hold a conference to discuss the proposed redactions or file a redacted version of the Memorandum and Order on the public docket. The Clerk of Court is respectfully directed to terminate the pending motions at Doc. 46 in No. 14-CV-4145 and Docs. 10 and 26 in No. 14-CV-9629 and to close both cases. (As further set forth in this Order) (Signed by Judge Vernon S. Broderick on 9/29/2015) (lmb)
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| Transmission to Judgments and Orders Clerk. Transmitted re: #40 Order on Motion to Dismiss, to the Judgments and Orders Clerk. (lmb) |
| Filing 39 NOTICE OF CHANGE OF ADDRESS by Molly Alana Karlin on behalf of HDI- Gerling Industrie Versicherung AG. New Address: Office of the Federal Public Defender, 850 W. Adams St., Ste. 201, Phoenix, Arizona, 85007, 6023822700. (Karlin, Molly) |
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Filing 38
ORDER granting #35 Motion to Withdraw as Attorney. Application granted. Attorney Molly Alana Karlin terminated. (Signed by Judge Vernon S. Broderick on 8/24/2015) (lmb)
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Filing 37
ORDER: PLEASE TAKE NOTICE that Jason Toji Calabro of Quinn Emanuel Urquhart & Sullivan, LLP ("Quinn Emanuel"), with offices located at 51 Madison Avenue, 22nd Floor, New York, New York, 10010, hereby withdraws his appearance on behalf of petitioner HDI-Gerling Industrie Versicherung AG ("HDI-Gerling") in the above-captioned matter as further set forth in this order. Application granted., Attorney Jason Toji Calabro terminated. (Signed by Judge Vernon S. Broderick on 8/24/2015) (lmb)
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| Filing 36 DECLARATION of RENITA SHARMA in Support re: #35 MOTION for Molly Alana Karlin to Withdraw as Attorney .. Document filed by HDI- Gerling Industrie Versicherung AG. (Sharma, Renita) |
| Filing 35 MOTION for Molly Alana Karlin to Withdraw as Attorney . Document filed by HDI- Gerling Industrie Versicherung AG.(Sharma, Renita) |
| Filing 34 LETTER addressed to Judge Vernon S. Broderick from H. Carter Redd dated 7/21/2015 re: Supplemental Declaration of H. Carter Redd. Document filed by Ford Motor Company.(Redd, H.) |
| Filing 33 LETTER addressed to Judge Vernon S. Broderick from Michael B. Carlinsky dated 7.16.15 re: Supplemental Redd Declaration. Document filed by HDI- Gerling Industrie Versicherung AG.(Carlinsky, Michael) |
| Filing 32 DECLARATION of H. Carter Redd in Support re: #26 FIRST MOTION to Dismiss , Stay, or Transfer.. Document filed by Ford Motor Company. (Attachments: #1 Exhibit)(Redd, H.) |
| Filing 31 LETTER addressed to Judge Vernon S. Broderick from Michael B. Carlinsky dated 2.18.15 re: REQUESTING ORAL ARGUMENT. Document filed by HDI- Gerling Industrie Versicherung AG.(Carlinsky, Michael) |
| Filing 30 DECLARATION of H. Carter Redd in Support re: #26 FIRST MOTION to Dismiss , Stay, or Transfer.. Document filed by Ford Motor Company. (Redd, H.) |
| Filing 29 FIRST REPLY MEMORANDUM OF LAW in Support re: #26 FIRST MOTION to Dismiss , Stay, or Transfer. . Document filed by Ford Motor Company. (Redd, H.) |
| Filing 28 MEMORANDUM OF LAW in Opposition re: #26 FIRST MOTION to Dismiss , Stay, or Transfer. . Document filed by HDI- Gerling Industrie Versicherung AG. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Carlinsky, Michael) |
| Filing 27 FIRST MEMORANDUM OF LAW in Support re: #26 FIRST MOTION to Dismiss , Stay, or Transfer. . Document filed by Ford Motor Company. (Fazio, Peter) |
| Filing 26 FIRST MOTION to Dismiss , Stay, or Transfer. Document filed by Ford Motor Company. Responses due by 2/5/2015(Fazio, Peter) |
| Filing 25 MEMO ENDORSEMENT on re: #24 Letter filed by HDI- Gerling Industrie Versicherung AG. ENDORSEMENT: Application granted. (Signed by Judge Vernon S. Broderick on 12/31/2014) (lmb) |
| Transmission to Sealed Records Clerk. Transmitted re: #25 Memo Endorsement, to the Sealed Records Clerk for the sealing or unsealing of document or case. (lmb) |
| Filing 24 LETTER addressed to Judge Vernon S. Broderick from Jane M. Byrne dated December 29, 2014 re: Sealing of Exhibits 3, 4, and 5 to the Declaration of Jane M. Byrne (ECF No. 22). Document filed by HDI- Gerling Industrie Versicherung AG.(Byrne, Jane) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Jane M. Byrne to RE-FILE Document #23 MOTION to Seal Letter from Jane M. Byrne to the Honorable Vernon S. Broderick regarding sealing of Exhibits 3, 4, and 5 to the Declaration of Jane M. Byrne (ECF No. 22). Use the event type Letter found under the event list Other Documents. (db) |
| Filing 23 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Seal Letter from Jane M. Byrne to the Honorable Vernon S. Broderick regarding sealing of Exhibits 3, 4, and 5 to the Declaration of Jane M. Byrne (ECF No. 22). Document filed by HDI- Gerling Industrie Versicherung AG.(Byrne, Jane) Modified on 12/30/2014 (db). |
| Filing 22 DECLARATION of Jane M. Byrne in Support re: #21 Reply Memorandum of Law in Support, #1 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration. Document filed by HDI- Gerling Industrie Versicherung AG. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Byrne, Jane) |
| Filing 21 REPLY MEMORANDUM OF LAW in Support re: #1 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration . Document filed by HDI- Gerling Industrie Versicherung AG. (Byrne, Jane) |
| Filing 20 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Talanx AG for HDI- Gerling Industrie Versicherung AG. Document filed by HDI- Gerling Industrie Versicherung AG.(Byrne, Jane) |
| Filing 19 RESPONSE to #1 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration. Document filed by Ford Motor Company.(Redd, H.) |
| Filing 18 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Ford Motor Company.(Redd, H.) |
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Filing 17
ORDER granting #15 Motion for Matthew Devane Fender to Appear Pro Hac Vice (HEREBY ORDERED by Judge Vernon S. Broderick)(Text Only Order) (Broderick, Vernon)
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Filing 16
ORDER granting #14 Motion for Hill Carter Redd to Appear Pro Hac Vice (HEREBY ORDERED by Judge Vernon S. Broderick)(Text Only Order) (Broderick, Vernon)
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| Filing 15 MOTION for Matthew Devane Fender to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10413895. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Ford Motor Company.(Fender, Matthew) |
| Filing 14 MOTION for Hill Carter Redd to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10413848. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Ford Motor Company.(Redd, H.) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #15 MOTION for Matthew Devane Fender to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10413895. Motion and supporting papers to be reviewed by Clerk's Office staff., #14 MOTION for Hill Carter Redd to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10413848. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
| Filing 13 LETTER addressed to Judge Vernon S. Broderick from Michael Carlinsky dated Dec. 15, 2014 re: Ford's Request to Transfer. Document filed by HDI- Gerling Industrie Versicherung AG. (Attachments: #1 Exhibit Dec. 4, 2014 Email from AAA)(Sharma, Renita) |
| Filing 12 LETTER addressed to Judge Paul G. Gardephe from Renita Sharma dated December 11, 2014 re: Sealing of Exhibits H and I. Document filed by HDI- Gerling Industrie Versicherung AG.(Sharma, Renita) |
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Filing 11
ORDER: The parties are hereby ordered to appear for a conference to discuss all pending issues in both actions, including Respondent's anticipated motion in No. 14-CV-9629, on either: (1) Monday, December 15, 2014, at 2:00 pm; or (2) Monday, December 22, 2014, at 10:00 am. The parties shall confer and shall jointly advise the Court which of these dates they prefer no later than 12:00 pm on Friday, December 12, 2014. SO ORDERED. (Signed by Judge Vernon S. Broderick on 12/11/2014) (ama)
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| Set/Reset Hearings: Pre-Motion Conference set for 12/22/2014 at 10:00 AM in Courtroom 518, 40 Centre Street, New York, NY 10007 before Judge Vernon S. Broderick. (msa) |
| Filing 10 FIRST LETTER MOTION for Conference Pre-motion conference file a Motion to Dismiss, to Stay, or in the alternative to transfer Venue to the U.S. District Court for the Eastern District of Michigan on the grounds that there is a prior action involving the same arbitration award pending there in that jurisdicaiton addressed to Judge Paul G. Gardephe from Peter J. Fazio, on behalf of Ford Motor Company dated December 10, 2014. Document filed by Ford Motor Company. (Attachments: #1 Exhibit Exhibit A)(Fazio, Peter) |
| Filing 9 FIRST LETTER addressed to Judge Paul G. Gardephe from Peter J. Fazio on behalf of Ford Motor Company dated December 10, 2014 re: Judge Gardephe's request for additional information as to why parts of Exhibits H and I should remain redacted. Document filed by Ford Motor Company. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E)(Fazio, Peter) |
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Filing 8
MEMO ENDORSEMENT on re: #1 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration filed by HDI- Gerling Industrie Versicherung AG. ENDORSEMENT: Exhibits A, H, and I to the motion to confirm the arbitration award may be filed under seal. Exhibits H and I were previously ordered sealed by another Judge of this Court and Exhibit A contains similar information. Continued sealing must be justified by facts meeting the standard of Lugosch v. Pyramid Co. v. Onondaga 435 F.3d, 110, 119 (2d Cir. 2006), however, This court will conduct a hearing on Part I Dec. 8, 2014 at 11:00 A.M. to determine whether that standard is met. Submissions concerning that issue are to be made to this court by 9:30 AM on Dec. 8, 2014. SO ORDERED. ( Status Conference set for 12/8/2014 at 11:00 AM before Judge Part One Paul G. Gardephe.) (Signed by Judge Part One Paul G. Gardephe on 12/05/2014) (ama)
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| Filing 7 AFFIDAVIT OF SERVICE of Civil Cover Sheet, Related Case Statement, Rule 7.1 Disclosure Statement, Motion to Seal, Notice of Petition to Confirm Arbitration Award, Declaration of Jane M. Byrne with Exhibits A-I served on Ford Motor Company on 12.5.14. Service was accepted by Nora Dindyal (Process Specialist). Document filed by HDI- Gerling Industrie Versicherung AG. (Carlinsky, Michael) |
| CASE ACCEPTED AS RELATED. Create association to 1:14-cv-04145-VSB. Notice of Assignment to follow. (pgu) |
| NOTICE OF CASE ASSIGNMENT to Judge Vernon S. Broderick. Judge Unassigned is no longer assigned to the case. (pgu) |
| Magistrate Judge Debra C. Freeman is so designated. (pgu) |
| Transmission to Sealed Records Clerk. Transmitted re: #8 Memo Endorsement, Set Deadlines/Hearings, to the Sealed Records Clerk for the sealing or unsealing of document or case. (ama) |
| Filing 6 SEALED DOCUMENT placed in vault.(mps) |
| Filing 5 CIVIL COVER SHEET filed. (moh) (moh). |
| Filing 4 STATEMENT OF RELATEDNESS re: that this action be filed as related to 14cv4145. Document filed by HDI- Gerling Industrie Versicherung AG.(moh) (moh). |
| Filing 3 NOTICE of Petition. Document filed by HDI- Gerling Industrie Versicherung AG. (moh) (moh). |
| Filing 2 DECLARATION of Jane M. Byrne in Support of Petition to Confirm Arbitration Award and Motion to Seal. Document filed by HDI- Gerling Industrie Versicherung AG. (moh) (moh). (Additional attachment(s) added on 12/30/2014: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D Part 1, #5 Exhibit D Part 2, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I) (moh). |
| Filing 1 PETITION TO CONFIRM ARBITRATION. (Filing Fee $ 350.00, Receipt Number 465401111398).Document filed by HDI- Gerling Industrie Versicherung AG.(moh) (moh). |
| Case Designated ECF. (moh) |
| CASE REFERRED TO Judge Vernon S. Broderick as possibly related to 14cv4145. (moh) |
| SUMMONS ISSUED as to Ford Motor Company. (moh) |
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