Pumpkin Investments, LLC v. XL Insurance America, Inc. et al
| Pumpkin Investments, LLC |
| Valley Forge Insurance Company, United Surgical Partners International, Inc. and Does 1-20 |
| 2:2024cv08730 |
| October 10, 2024 |
| U.S. District Court for the Central District of California |
| Jacqueline Chooljian |
| Hernan D Vera |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Insurance Contract |
| Plaintiff |
Docket Report
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Filing 75
TEXT ONLY ENTRY (In Chambers) ORDER by Judge Hernan D. Vera: The Court continues the Scheduling Conference to 12/13/24 at 2:30pm via Zoom. The Zoom information can be found on the Courts website. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (lca) TEXT ONLY ENTRY
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| Filing 74 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 10 days, filed by Plaintiff Pumpkin Investments, LLC.. (Attachments: #1 Appendix Worksheet)(Garris, Christian) |
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Filing 73
ORDER SETTING SCHEDULING CONFERENCE by Judge Hernan D. Vera. Scheduling Conference set for 12/10/2024 at 10:00 AM. READ THIS ORDER CAREFULLY. IT CONTROLS THIS CASE AND DIFFERS FROM THE LOCAL RULES. (lom)
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Filing 72
CIVIL STANDING ORDER by Judge Hernan D. Vera. (wm)
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Filing 71
ORDER RE TRANSFER PURSUANT to this Court's General Order in the Matter of Assignment of Cases and Duties to the District Judges. Related Case- filed. Related Case No: 2:23-cv-03617 HDV(AFMx). Case transferred from Judge Dolly M. Gee to Judge Hernan D. Vera for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:24-cv-08730 HDV(JCx). Signed by Judge Hernan D. Vera (rn)
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| Filing 70 NOTICE of Related Case(s) filed by Plaintiff Pumpkin Investments, LLC. Related Case(s): CV23-03617-HDV (Garris, Christian) |
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Filing 69
ORDER ON REQUEST FOR APPROVAL OF SUBSTITUTION OR WITHDRAWAL OF ATTORNEY #67 by Judge Dolly M. Gee. Granting #67 Request to Substitute Attorney. (rolm)
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Filing 68
ORDER by Judge Dolly M. Gee: granting #66 Non-Resident Attorney Harry Khemchan Tiwari APPLICATION to Appear Pro Hac Vice on behalf of Defendant United Surgical Partners International, Inc., designating Amin Al-Sarraf as local counsel. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY (sbou)
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| Filing 67 REQUEST TO SUBSTITUTE ATTORNEY Sheryl W. Leichenger in place of attorney Daniel M. O'Connell filed by Defendant Valley Forge Insurance Company. (Attachments: #1 Proposed Order Request for Approval of Substitution of Attorney) (Leichenger, Sheryl) |
| Filing 66 APPLICATION of Non-Resident Attorney Harry Khemchan Tiwari to Appear Pro Hac Vice on behalf of Defendant United Surgical Partners International, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-38443892) filed by DEFENDANT United Surgical Partners International, Inc.. (Attachments: #1 Proposed Order) (Al-Sarraf, Amin) |
| Filing 65 Notice of Appearance or Withdrawal of Counsel: for attorney Amin H Al-Sarraf counsel for Defendant United Surgical Partners International, Inc.. Adding Amin Al-Sarraf as counsel of record for United Surgical Partners International, Inc. for the reason indicated in the G-123 Notice. Filed by defendant United Surgical Partners International, Inc.. (Attorney Amin H Al-Sarraf added to party United Surgical Partners International, Inc.(pty:dft))(Al-Sarraf, Amin) |
| Filing 64 Notice of Appearance or Withdrawal of Counsel: for attorney Sheryl W Leichenger counsel for Defendant Valley Forge Insurance Company. Adding Sheryl W. Leichenger as counsel of record for Valley Forge Insurance Company for the reason indicated in the G-123 Notice. Filed by Defendant Valley Forge Insurance Company. (Attorney Sheryl W Leichenger added to party Valley Forge Insurance Company(pty:dft))(Leichenger, Sheryl) |
| Filing 63 Notice of Appearance or Withdrawal of Counsel: for attorney Bridget Moorhead counsel for Defendant Valley Forge Insurance Company. Adding Bridget A. Moorhead as counsel of record for Valley Forge Insurance Company for the reason indicated in the G-123 Notice. Filed by Defendant Valley Forge Insurance Company. (Attorney Bridget Moorhead added to party Valley Forge Insurance Company(pty:dft))(Moorhead, Bridget) |
| Filing 62 SCHEDULING MEETING OF COUNSEL [Fed. R. Civ. P. 16, 26(f)] by Judge Dolly M. Gee. Rule 26 Meeting Report due by 11/22/2024. Scheduling Conference set for 12/6/2024 at 09:30 AM before Judge Dolly M. Gee. (kd) |
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Filing 61
INITIAL STANDING ORDER upon filing of the complaint by Judge Dolly M. Gee. (dd)
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| Filing 60 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Harry Khemchan Tiwari. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. (lh) |
| Filing 59 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Rachel Mary Horzempa Winship. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. (lh) |
| Filing 58 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Daniel Maurice OConnell. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. (lh) |
| Filing 57 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Kevin F. Buckley. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. (lh) |
| Filing 56 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Janet Jakyung Lee. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. (lh) |
| Filing 55 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Kristen Alexandra M. ONeill. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. (lh) |
| Filing 54 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (lh) |
| Filing 53 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh) |
| Filing 52 NOTICE OF ASSIGNMENT to District Judge Dolly M. Gee and Magistrate Judge Jacqueline Chooljian. (lh) |
| Filing 51 NOTICE OF RECEIPT OF CASE TRANSFERRED IN: Formerly Case Number: 1:24-cv-01024-PAE, from U.S. District Court Southern District of New York (Foley Square). The above-referenced case has been transferred to this district and assigned the above civil case number 2:24-cv-08730 DMG (JCx). (lh) |
| Filing 50 ORIGINAL file, certified copy of transfer order and docket sheet received from New York Southern |
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Filing 49
STIPULATION TO TRANSFER ACTION TO UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA PURSUANT TO 28 U.S.C. SECTION 1404(a) AND ORDER: In light of the foregoing, the Parties STIPULATE that this case be transferred to the United States District Court, Central District of California, and request that the Court Order this transfer of venue. The Parties further request that the Court vacate the Initial Pre-trial Conference, currently scheduled for August 15, 2024. The Court, having reviewed and considered the Stipulation of the Parties, and good cause appearing therefore, hereby issues the following FINDINGS AND ORDERS: 1. Upon the dismissal of Defendant XL Insurance from this matter, Plaintiff's application for the transfer of venue of this case from the Southern District of New York to the Central District of California is granted on consent. 2. This case is hereby TRANSFERRED to the United States District Court, Central District of California, for all further proceedings pursuant to 28 U.S.C. 1404(a). 4. The Initial Pre-Trial Conference currently scheduled for August 15, 2024, is VACATED. 5. The Clerk is directed to transfer this case to the United States District Court, Central District of California, forthwith. (Signed by Judge Paul A. Engelmayer on 8/13/2024) (tg) Transmission to Office of the Clerk of Court for processing. [Transferred from New York Southern on 10/11/2024.]
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| CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Central District of California.(tg) [Transferred from New York Southern on 10/11/2024.] |
| Filing 48 PROPOSED STIPULATION AND ORDER. Document filed by Pumpkin Investments, LLC..(Garris, Christian) [Transferred from New York Southern on 10/11/2024.] |
| Filing 47 NOTICE OF APPEARANCE by Rachel Mary Horzempa Winship on behalf of Valley Forge Insurance Company..(Horzempa Winship, Rachel) [Transferred from New York Southern on 10/11/2024.] |
| Filing 46 NOTICE OF APPEARANCE by Daniel Maurice O'Connell on behalf of Valley Forge Insurance Company..(O'Connell, Daniel) [Transferred from New York Southern on 10/11/2024.] |
| Filing 45 NOTICE OF APPEARANCE by Kevin F. Buckley on behalf of Valley Forge Insurance Company..(Buckley, Kevin) [Transferred from New York Southern on 10/11/2024.] |
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Filing 44
ORDER granting #43 Letter Motion for Extension of Time to Answer. GRANTED. Because no party has requested an adjournment of the initial pretrial conference currently scheduled for August 15, 2024 at 3:00 pm, the Court will plan to address all outstanding scheduling issues with the parties at that time. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 7/29/2024) United Surgical Partners International, Inc. answer due 8/30/2024 (ks) [Transferred from New York Southern on 10/11/2024.]
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| Filing 43 SECOND LETTER MOTION for Extension of Time to File Answer addressed to Judge Paul A. Engelmayer from Harry K. Tiwari dated July 26, 2024. Document filed by United Surgical Partners International, Inc...(Tiwari, Harry) [Transferred from New York Southern on 10/11/2024.] |
| Filing 42 NOTICE of Substitution of Attorney. Old Attorney: Janet J. Lee, New Attorney: Kevin F. Buckley, Address: Mound Cotton Wollan & Greengrass, LLP, One Water Street, 44th Floor, New York, New York, United States 10004, (212)804-4242. Document filed by Valley Forge Insurance Company..(Lee, Janet) [Transferred from New York Southern on 10/11/2024.] |
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Filing 41
MEMO ENDORSEMENT on re: #38 Letter filed by Pumpkin Investments, LLC. ENDORSEMENT: Accordingly, the telephonic initial pretrial conference currently scheduled for August 14, 2024 at 3:00 pm is adjourned to August 15 2024, at 3:00 pm. SO ORDERED. ( Telephone Conference set for 8/15/2024 at 03:00 PM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 7/10/2024) (tg) [Transferred from New York Southern on 10/11/2024.]
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| Filing 40 JOINT LETTER addressed to Judge Paul A. Engelmayer from Christian J. Garris dated 07/08/2024 re: Case Description, Motions, and Settlement. Document filed by Pumpkin Investments, LLC..(Garris, Christian) [Transferred from New York Southern on 10/11/2024.] |
| Filing 39 JOINT PRE-CONFERENCE STATEMENT PROPOSED CIVIL CASE MANAGEMENT PLAN. Document filed by Pumpkin Investments, LLC..(Garris, Christian) [Transferred from New York Southern on 10/11/2024.] |
| Filing 38 LETTER addressed to Judge Paul A. Engelmayer from Christian J. Garris dated 07/08/2024 re: Telephonic Hearing During the Week of August 12, 2024. Document filed by Pumpkin Investments, LLC..(Garris, Christian) [Transferred from New York Southern on 10/11/2024.] |
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Filing 37
ORDER granting #36 Letter Motion to Adjourn Conference. The Court will adjourn the conference previously scheduled for August 14, 2024, however, the Court is eager to find a date sooner than those proposed by counsel, which are almost a full month out from the initial date proposed. Accordingly, counsel should confer and submit a letter to the Court by July 8, 2024 suggesting dates and times on which all counsel are available for a telephonic conference during the week of August 12, 2024. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 7/2/2024) (tg) [Transferred from New York Southern on 10/11/2024.]
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| Filing 36 LETTER MOTION to Adjourn Conference addressed to Judge Paul A. Engelmayer from Christian J. Garris dated 06/28/2024. Document filed by Pumpkin Investments, LLC..(Garris, Christian) [Transferred from New York Southern on 10/11/2024.] |
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Filing 35
NOTICE OF INITIAL PRETRIAL CONFERENCE: This conference will be held telephonically. The parties should call into the Court's dedicated conference line at (888) 363-4749, and enter Access Code 468-4906, followed by the pound(#) key. Couusel are directed to review the Court's Emergency Individual Rules and Practices in Light of COVID-19, found at https://nysd.uscourts.gov/hon-paul-engelmayer, for the Court's procedures for telephonic conferences and for instructions for communicating with chambers. As further set forth by this Order. SO ORDERED. Initial Conference set for 8/14/2024 at 03:00 PM before Judge Paul A. Engelmayer. (Signed by Judge Paul A. Engelmayer on 6/27/2024) (tg) [Transferred from New York Southern on 10/11/2024.]
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Filing 34
OPINION AND ORDER re: #16 LETTER MOTION for Oral Argument addressed to Judge Paul A. Engelmayer from K. Alexandra O'Neill dated March 12, 2024. filed by Pumpkin Investments, LLC, #22 LETTER MOTION for Oral Argument addressed to Judge Paul A. Engelmayer from K. Alexandra O'Neill dated March 13, 2024. filed by Pumpkin Investments, LLC, #8 FIRST MOTION to Dismiss . filed by XL Insurance America, Inc..For the foregoing reasons, the Court denies Pumpkin's motion for remand and grants XL's motion to dismiss all claims against it. The Clerk of Court is respectfully directed to terminate all pending motions. By separate order today the Court will schedule an initial pretrial conference and direct the parties to submit a proposed case management plan. Separately, insofar as the Court previously granted the request of defendant USPI for an extension of time to answer the complaint until 30 days after the resolution of Pumpkin's motion to remand, USPI's answer is now due July 29, 2024. SO ORDERED. United Surgical Partners International, Inc. answer due 7/29/2024. XL Insurance America, Inc. terminated. (Signed by Judge Paul A. Engelmayer on 6/27/2024) (tg) [Transferred from New York Southern on 10/11/2024.]
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Filing 33
ORDER granting #32 Letter Motion for Extension of Time to File Response/Reply re #32 LETTER MOTION for Extension of Time to File Response/Reply as to #7 Notice of Removal, #18 Notice (Other) Letter from H. Tiwari to Judge Engelmayer, with Consent of Plaintiff, Requesting Extension of Time to Respond to Plaintiff's Comp. GRANTED. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 5/29/2024) (tg) [Transferred from New York Southern on 10/11/2024.]
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| Filing 32 LETTER MOTION for Extension of Time to File Response/Reply as to #7 Notice of Removal, #18 Notice (Other) Letter from H. Tiwari to Judge Engelmayer, with Consent of Plaintiff, Requesting Extension of Time to Respond to Plaintiff's Complaint addressed to Judge Paul A. Engelmayer from Harry K. Tiwari dated May 24, 2024. Document filed by United Surgical Partners International, Inc...(Tiwari, Harry) [Transferred from New York Southern on 10/11/2024.] |
| Filing 31 NOTICE OF APPEARANCE by Harry Khemchan Tiwari on behalf of United Surgical Partners International, Inc...(Tiwari, Harry) [Transferred from New York Southern on 10/11/2024.] |
| Filing 30 REPLY MEMORANDUM OF LAW in Support re: #19 MOTION to Remand . . Document filed by Pumpkin Investments, LLC..(O'Neill, Kristen) [Transferred from New York Southern on 10/11/2024.] |
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Filing 29
ORDER FOR ADMISSION PRO HAC VICE granting #28 Motion for Christian J. Garris to Appear Pro Hac Vice. (Signed by Judge Paul A. Engelmayer on 4/1/2024) (va) [Transferred from New York Southern on 10/11/2024.]
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| Filing 28 MOTION for Christian J. Garris to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Pumpkin Investments, LLC. (Attachments: #1 Affidavit of Christian J. Garris, #2 Proposed Order Order).(Garris, Christian) [Transferred from New York Southern on 10/11/2024.] |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #28 MOTION for Christian J. Garris to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (rju) [Transferred from New York Southern on 10/11/2024.] |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #27 MOTION for Christian J. Garris to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The filing is deficient for the following reason(s): the motion was not signed; Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. (rju) [Transferred from New York Southern on 10/11/2024.] |
| Filing 27 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Christian J. Garris to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Pumpkin Investments, LLC. (Attachments: #1 Affidavit of Christian J. Garris, #2 Proposed Order Order).(Garris, Christian) Modified on 3/27/2024 (rju). [Transferred from New York Southern on 10/11/2024.] |
| Filing 26 REPLY MEMORANDUM OF LAW in Support re: #8 FIRST MOTION to Dismiss . . Document filed by XL Insurance America, Inc.. (Attachments: #1 Exhibit Opposition to Remand justifying subject matter jurisdiction).(Cogbill, Alexander) [Transferred from New York Southern on 10/11/2024.] |
| Filing 25 MEMORANDUM OF LAW in Opposition re: #19 MOTION to Remand . . Document filed by XL Insurance America, Inc.. (Attachments: #1 Affidavit by Dionne Fabiatos regarding receipt of Complaint).(Cogbill, Alexander) [Transferred from New York Southern on 10/11/2024.] |
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Filing 24
ORDER: Accordingly, defendants' response to the motion for remand will also be due March 26, 2024. Plaintiffs reply, if any, is due April 2, 2024. The Court will thereafter promptly consider all pending motions. SO ORDERED. ( Replies due by 4/2/2024., Responses due by 3/26/2024) (Signed by Judge Paul A. Engelmayer on 3/14/2024) (vfr) [Transferred from New York Southern on 10/11/2024.]
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| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #21 Proposed Order was reviewed and approved as to form. (tp) [Transferred from New York Southern on 10/11/2024.] |
| Filing 23 MEMORANDUM OF LAW in Support re: #18 Notice (Other) of Motion to Remand. Document filed by Pumpkin Investments, LLC..(O'Neill, Kristen) [Transferred from New York Southern on 10/11/2024.] |
| Filing 22 LETTER MOTION for Oral Argument addressed to Judge Paul A. Engelmayer from K. Alexandra O'Neill dated March 13, 2024. Document filed by Pumpkin Investments, LLC..(O'Neill, Kristen) [Transferred from New York Southern on 10/11/2024.] |
| Filing 21 PROPOSED ORDER. Document filed by Pumpkin Investments, LLC. Related Document Number: #19 ..(O'Neill, Kristen) Proposed Order to be reviewed by Clerk's Office staff. [Transferred from New York Southern on 10/11/2024.] |
| Filing 20 AFFIRMATION of K. Alexandra O'Neill in Support re: #19 MOTION to Remand .. Document filed by Pumpkin Investments, LLC. (Attachments: #1 Exhibit A).(O'Neill, Kristen) [Transferred from New York Southern on 10/11/2024.] |
| Filing 19 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Remand . Document filed by Pumpkin Investments, LLC..(O'Neill, Kristen) Modified on 3/13/2024 (kj). [Transferred from New York Southern on 10/11/2024.] |
| Filing 18 NOTICE of Motion to Remand. Document filed by Pumpkin Investments, LLC..(O'Neill, Kristen) [Transferred from New York Southern on 10/11/2024.] |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Kristen Alexandra M. O'Neill to RE-FILE Document #19 MOTION to Remand .. Use the event type Other Answers found under the event list Memorandum of Law in Support (non-motion). (kj) [Transferred from New York Southern on 10/11/2024.] |
| Filing 17 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Pumpkin Investments, LLC..(O'Neill, Kristen) [Transferred from New York Southern on 10/11/2024.] |
| Filing 16 LETTER MOTION for Oral Argument addressed to Judge Paul A. Engelmayer from K. Alexandra O'Neill dated March 12, 2024. Document filed by Pumpkin Investments, LLC..(O'Neill, Kristen) [Transferred from New York Southern on 10/11/2024.] |
| Filing 15 AFFIDAVIT of K. Alexandra O'Neill in Opposition re: #8 FIRST MOTION to Dismiss .. Document filed by Pumpkin Investments, LLC. (Attachments: #1 Exhibit A).(O'Neill, Kristen) [Transferred from New York Southern on 10/11/2024.] |
| Filing 14 MEMORANDUM OF LAW in Opposition re: #8 FIRST MOTION to Dismiss . . Document filed by Pumpkin Investments, LLC..(O'Neill, Kristen) [Transferred from New York Southern on 10/11/2024.] |
| Filing 13 FILING ERROR - PDF ERROR - MOTION for Christian J. Garris to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29027871. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Pumpkin Investments, LLC. (Attachments: #1 Affidavit of Christian J. Garris, #2 Proposed Order Order).(Garris, Christian) Modified on 3/4/2024 (bc). [Transferred from New York Southern on 10/11/2024.] |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #13 MOTION for Christian J. Garris to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29027871. Motion and supporting papers to be reviewed by Clerk's Office staff. The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of California;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (bc) [Transferred from New York Southern on 10/11/2024.] |
| Filing 12 NOTICE OF APPEARANCE by Janet Jakyung Lee on behalf of Valley Forge Insurance Company..(Lee, Janet) [Transferred from New York Southern on 10/11/2024.] |
| Filing 11 NOTICE OF APPEARANCE by Kristen Alexandra M. O'Neill on behalf of Pumpkin Investments, LLC..(O'Neill, Kristen) [Transferred from New York Southern on 10/11/2024.] |
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Filing 10
ORDER: Accordingly, it is hereby ORDERED that plaintiff shall file any amended complaint by March 12, 2024. No further opportunities to amend will ordinarily be granted. If plaintiff does amend, by April 2, 2024, defendant shall: (1) file an answer; (2) file a new motion to dismiss; or (3) submit a letter to the Court, copying plaintiff, stating that they rely on the previously filed motion to dismiss. It is further ORDERED that if no amended complaint is filed, plaintiff shall serve any opposition to the motion to dismiss by March 12, 2024. Defendant's reply, if any, shall be served by March 26, 2024. At the time any reply is served, the moving party shall supply the Court with a courtesy copy of all motion papers by attaching them as PDF files to a single email addressed to EngelmayerNYSDChambers@nysd.uscourts.gov. SO ORDERED. ( Amended Pleadings due by 3/12/2024., Motions due by 4/2/2024.) (Signed by Judge Paul A. Engelmayer on 2/20/2024) (vfr) [Transferred from New York Southern on 10/11/2024.]
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| Filing 9 MEMORANDUM OF LAW in Support re: #8 FIRST MOTION to Dismiss . . Document filed by XL Insurance America, Inc...(Cogbill, Alexander) [Transferred from New York Southern on 10/11/2024.] |
| Filing 8 FIRST MOTION to Dismiss . Document filed by XL Insurance America, Inc.. Responses due by 3/5/2024 (Attachments: #1 Affidavit Affidavit in Support, #2 Exhibit Insurance Policy, #3 Exhibit Order Dismissing California Action, #4 Exhibit Trial Court Decision in Al Copeland, #5 Proposed Order Proposed Order).(Cogbill, Alexander) [Transferred from New York Southern on 10/11/2024.] |
| Filing 7 NOTICE OF REMOVAL from New York Supreme Court, County of New York. Case Number: 656093/2023..Document filed by XL Insurance America, Inc.. (Attachments: #1 Exhibit Removed Complaint, #2 Exhibit D. Cali Complaint, #3 Exhibit Affidavit of Service, #4 Exhibit Receipt of Service, #5 Exhibit Co-Defendants Answer, #6 Exhibit Affirmation of Consent, #7 Exhibit Affidavit of Consent).(Cogbill, Alexander) [Transferred from New York Southern on 10/11/2024.] |
| Filing 6 CIVIL COVER SHEET filed..(Cogbill, Alexander) [Transferred from New York Southern on 10/11/2024.] |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Alexander Walker Cogbill. The party information for the following party/parties has been modified: Valley Forge Insurance Co., United Surgical Partners Int'l, Inc.. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error;. (pc) [Transferred from New York Southern on 10/11/2024.] |
| Magistrate Judge Valerie Figueredo is designated to handle matters that may be referred in this case. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (pc) [Transferred from New York Southern on 10/11/2024.] |
| Case Designated ECF. (pc) [Transferred from New York Southern on 10/11/2024.] |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Alexander Walker Cogbill. The following case opening statistical information was erroneously selected/entered: Cause of Action code 12:635; County code New York;. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 28:1446nr; the County code has been modified to XX Out of State;. (pc) [Transferred from New York Southern on 10/11/2024.] |
| ADD PARTY FOR PLEADING. Defendants/Respondents Pumpkin Investments, LLC added. Party added pursuant to #1 Notice of Removal,,.Document filed by XL Insurance America, Inc.. Related document: #1 Notice of Removal,,..(Cogbill, Alexander) [Transferred from New York Southern on 10/11/2024.] |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Alexander Walker Cogbill re: Document No. #1 Notice of Removal,. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF;. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents... (pc) [Transferred from New York Southern on 10/11/2024.] |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Alexander Walker Cogbill to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): multiple natures of suit were selected. Choose one;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. (pc) [Transferred from New York Southern on 10/11/2024.] |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Alexander Walker Cogbill Alexander Walker Cogbill to RE-FILE Document No. #1 Notice of Removal,. The filing is deficient for the following reason(s): the pleading was not signed by the filing attorney. Re-file the pleading using the event type Notice of Removal found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (pc) [Transferred from New York Southern on 10/11/2024.] |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul A. Engelmayer. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(pc) [Transferred from New York Southern on 10/11/2024.] |
| Filing 5 NOTICE of Consent to Removal re: #1 Notice of Removal,. Document filed by XL Insurance America, Inc...(Cogbill, Alexander) [Transferred from New York Southern on 10/11/2024.] |
| Filing 4 NOTICE of Consent to Removal re: #1 Notice of Removal,. Document filed by XL Insurance America, Inc...(Cogbill, Alexander) [Transferred from New York Southern on 10/11/2024.] |
| Filing 3 NOTICE of Removed Summons and Complaint re: #1 Notice of Removal,. Document filed by XL Insurance America, Inc...(Cogbill, Alexander) [Transferred from New York Southern on 10/11/2024.] |
| Filing 2 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Cogbill, Alexander) Modified on 2/13/2024 (pc). [Transferred from New York Southern on 10/11/2024.] |
| Filing 1 FILING ERROR - DEFICIENT PLEADING - SIGNATURE ERROR - NOTICE OF REMOVAL from New York Supreme Court, County of New York. Case Number: 656093/2023. (Filing Fee $ 405.00, Receipt Number ANYSDC-28936810).Document filed by XL Insurance America, Inc.. (Attachments: #1 Exhibit D. Cali. Complaint and Dismissal, #2 Affidavit Affidavit of Service, #3 Exhibit Receipt of Service, #4 Exhibit Valley Forge Answer).(Cogbill, Alexander) Modified on 2/13/2024 (pc). [Transferred from New York Southern on 10/11/2024.] |
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