ARCH Specialty Insurance Company v. Florida Window Co. et al
Plaintiff: Arch Speciality Insurance Company
Defendant: Florida Window Co. and Northfield Holding Corp.
Case Number: 1:2018cv24237
Filed: October 16, 2018
Court: US District Court for the Southern District of Florida
Presiding Judge: Ursula Ungaro
Nature of Suit: Insurance
Cause of Action: 28:1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on October 4, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 3, 2018 Filing 51 REPLY to Response to Motion re #44 Motion for More Definite Statement filed by Florida Window Co., Northfield Holding Corp.. (Kukoff, Ian)
December 3, 2018 Opinion or Order Filing 50 ORDER Resetting Planning ans Scheduling Conference Scheduling Conference set for 12/21/2018 09:30 AM in Miami Division before Judge Ursula Ungaro. Signed by Judge Ursula Ungaro on 12/3/2018. See attached document for full details. (cqs)
November 26, 2018 Filing 49 RESPONSE in Opposition re #44 Motion for More Definite Statement Pre-Answer Motion filed by Arch Speciality Insurance Company. Replies due by 12/3/2018. (Mercadante, Gabrielle)
November 21, 2018 Filing 48 Joint SCHEDULING REPORT - Rule 16.1 by Arch Speciality Insurance Company (Attachments: #1 Text of Proposed Order)(Mercadante, Gabrielle)
November 16, 2018 Opinion or Order Filing 47 ORDER denying #46 Motion for Extension of Time. Response to #44 Motion for More Definite Statement due by 11/26/2018. Signed by Judge Ursula Ungaro on 11/16/2018. See attached document for full details. (ar2)
November 15, 2018 Filing 46 Plaintiff's MOTION for Extension of Time to File Response/Reply/Answer as to #42 Order on Motion for Extension of Time to File Response/Reply/Answer, Defendants' Pre-Answer Motion by Arch Speciality Insurance Company. (Mercadante, Gabrielle)
November 9, 2018 Filing 45 Clerks Notice to Filer re #44 Response/Reply (Other). Wrong Event Selected - Document is a Motion; ERROR - The Filer selected the wrong event. A motion event must always be selected when filing a motion. The correction was made by the Clerk. It is not necessary to refile this document. (mc)
November 9, 2018 Filing 44 Motion for More Definite Statement as to Count I and to Dismiss Counts II and III of the Complaint and Incorporated Memorandum of Law to #42 Order on Motion for Extension of Time to File Response/Reply/Answer, by Florida Window Co., Northfield Holding Corp.. (Kukoff, Ian) Modified to convert document to a motion on 11/9/2018 (mc).
November 5, 2018 Opinion or Order Filing 42 ORDER granting in part and denying in part #41 Motion for Extension of Time to File Response/Answer to a Complaint or Other Case Initiating Document. Florida Window Co. Answer due 11/9/2018; Northfield Holding Corp. Answer due 11/9/2018. Signed by Judge Ursula Ungaro on 11/5/2018. See attached document for full details. (ar2)
November 2, 2018 Opinion or Order Filing 43 ORDER SETTING INITIAL PLANNING AND SCHEDULING CONFERENCE, ( Joint Scheduling Report due by 11/21/2018, Scheduling Conference set for 12/7/2018 10:30 AM in Miami Division before Judge Ursula Ungaro.) Signed by Judge Ursula Ungaro on 11/2/2018. See attached document for full details. (ra)
November 1, 2018 Filing 41 First MOTION for Extension of Time to File Response/Reply/Answer by Florida Window Co., Northfield Holding Corp.. (Kukoff, Ian)
October 31, 2018 Opinion or Order Filing 40 ORDER granting #38 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Marc E. Haas. Signed by Judge Ursula Ungaro on 10/31/2018. See attached document for full details. (ar2)
October 30, 2018 Filing 39 NOTICE of Attorney Appearance by Ian J. Kukoff on behalf of Florida Window Co., Northfield Holding Corp.. Attorney Ian J. Kukoff added to party Florida Window Co.(pty:dft), Attorney Ian J. Kukoff added to party Northfield Holding Corp.(pty:dft). (Kukoff, Ian)
October 30, 2018 Filing 38 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Marc E. Haas. Filing Fee $ 75.00 Receipt # 113C-11120229 by Arch Speciality Insurance Company. Responses due by 11/13/2018 (Attachments: #1 Certification, #2 Text of Proposed Order)(Mercadante, Gabrielle)
October 30, 2018 Filing 37 NOTICE of Attorney Appearance by Gabrielle R Mercadante on behalf of Arch Speciality Insurance Company. Attorney Gabrielle R Mercadante added to party Arch Speciality Insurance Company(pty:pla). (Mercadante, Gabrielle)
October 26, 2018 Opinion or Order Filing 36 ORDER Re: Pro Hac Vice Attorneys. Attorneys shall file a Notice informing the Court of whether they intend to move to appear pro hac vice, or whether other attorneys of record will represent the parties by Tuesday, October 30, 2018. Signed by Judge Ursula Ungaro on 10/25/2018. See attached document for full details. (ar2)
October 16, 2018 Filing 35 Bar Letter re: Admissions sent to attorney John J. P. Howley, mailing date October 16, 2018, (pt)
October 16, 2018 Filing 34 Bar Letter re: Admissions sent to attorney Elyor Pogorelskiy and Marc Ethan Haas, mailing date October 16, 2018, (pt)
October 16, 2018 Filing 33 Clerks Notice of Judge Assignment to Judge Ursula Ungaro. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge John J. O'Sullivan is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (bb)
October 16, 2018 Filing 32 Case transferred in from New York Southern; Case Number 1:18-cv-06596. Electronic file including transfer order and docket sheet received. .(bb).
September 26, 2018 CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - Southern District of Florida (js)
September 26, 2018 Opinion or Order Filing 31 JOINT STIPULATION AND ORDER TO TRANSFER VENUE PURSUANT TO 28 U.S.C. 1404(a): IT IS THEREFORE STIPULATED AND AGREED by and between counsel for all the parties as follows: Northfield shall withdraw its motion to dismiss without prejudice (Dkt. No. 18); Pursuant to 28 U.S.C. 1404(a), the parties consent to the transfer of this Action in its entirety to the Miami Division of the United States District Court for the Southern District of Florida; and Defendants shall have twenty (20) days from the date this Action is transferred to the Miami Division of the United States District Court for the Southern District of Florida to respond to the Complaint; and Each party shall bear its own costs and attorney's fees. So ordered (Signed by Judge Valerie E. Caproni on 9/26/2018) (js) Transmission to Office of the Clerk of Court for processing.
September 26, 2018 Filing 30 PROPOSED STIPULATION AND ORDER. Document filed by ARCH Specialty Insurance Company. (Pogorelskiy, Elyor)
September 21, 2018 Opinion or Order Filing 29 ORDER: WHEREAS the parties appeared for a conference in this matter on September 21, 2018; IT IS HEREBY ORDERED that, for the reasons stated at the conference, the parties shall submit their stipulation to transfer this case on consent to the District Court for the Southern District of Florida by September 28, 2018. SO ORDERED. (Signed by Judge Valerie E. Caproni on 9/21/2018) (ama)
September 21, 2018 Minute Entry for proceedings held before Judge Valerie E. Caproni: Initial Pretrial Conference held on 9/21/2018. (jp)
September 13, 2018 Opinion or Order Filing 28 JOINT STIPULATION AND ORDER REGARDING THE BRIEFING SCHEDULE ON THE MOTION TO DISMISS OR TRANSFER BY THE DEFENDANT NORTHFIELD HOLDING CORP. D/B/A FLORIDA WINDOW AND DOOR: IT IS HEREBY STIPULATED AND AGREED, by and among counsel for the parties that: 1. Arch shall file any opposition to Florida Window's motion no later than October 4, 2018; 2. Florida Window shall file any reply in further support of its motion no later than October 18, 2018; 3. The parties request oral arguments on the motion, with the date to be set at the Court's discretion; and 4. Florida Window's time to answer the Complaint shall be stayed until 14 days following the Court's decision on Florida Window's pre-answer motion. SO ORDERED., ( Responses due by 10/4/2018, Replies due by 10/18/2018.) (Signed by Judge Valerie E. Caproni on 9/13/2018) (ama)
September 13, 2018 Filing 27 FIRST LETTER MOTION for Extension of Time to File Response/Reply as to #18 MOTION to Dismiss for Lack of Jurisdiction , Improper Venue, or to Transfer Venue., #20 Declaration in Support of Motion, #19 Memorandum of Law in Support of Motion, #23 Declaration in Support of Motion, #21 Declaration in Support of Motion, addressed to Judge Valerie E. Caproni from Elyor Pogorelskiy dated 9/13/2018. Document filed by ARCH Specialty Insurance Company. (Attachments: #1 Exhibit Proposed stipulation and order setting briefing schedule)(Pogorelskiy, Elyor)
September 13, 2018 Filing 26 FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Arch Capital Group Ltd., Corporate Parent Arch Reinsurance Company, Corporate Parent Arch Insurance Company for ARCH Specialty Insurance Company. Document filed by ARCH Specialty Insurance Company.(Pogorelskiy, Elyor)
September 13, 2018 Filing 25 PROPOSED CASE MANAGEMENT PLAN. Document filed by ARCH Specialty Insurance Company. (Attachments: #1 Appendix Joint Pretrial Letter) (Pogorelskiy, Elyor)
September 13, 2018 Filing 24 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Northfield Holding Corp..(Howley, John)
September 13, 2018 Filing 23 DECLARATION of Scott Berman in Support re: #18 MOTION to Dismiss for Lack of Jurisdiction , Improper Venue, or to Transfer Venue.. Document filed by Florida Window Co., Northfield Holding Corp.. (Howley, John)
September 12, 2018 Filing 22 NOTICE OF APPEARANCE by Elyor Pogorelskiy on behalf of ARCH Specialty Insurance Company. (Pogorelskiy, Elyor)
September 11, 2018 Filing 21 DECLARATION of Scott Berman in Support re: #18 MOTION to Dismiss for Lack of Jurisdiction , Improper Venue, or to Transfer Venue.. Document filed by Florida Window Co., Northfield Holding Corp.. (Attachments: #1 Exhibit 1 - Insurance Policy)(Howley, John)
September 11, 2018 Filing 20 DECLARATION of John Howley in Support re: #18 MOTION to Dismiss for Lack of Jurisdiction , Improper Venue, or to Transfer Venue.. Document filed by Florida Window Co., Northfield Holding Corp.. (Attachments: #1 Exhibit 2 - Arch Specialty Search Results NY Secretary of State, #2 Exhibit 3 - Arch Specialty Insurance Agency, #3 Exhibit 4 - Arch Insurance Group Web Site, #4 Exhibit 5 - Complaint)(Howley, John)
September 11, 2018 Filing 19 MEMORANDUM OF LAW in Support re: #18 MOTION to Dismiss for Lack of Jurisdiction , Improper Venue, or to Transfer Venue. . Document filed by Florida Window Co., Northfield Holding Corp.. (Howley, John)
September 11, 2018 Filing 18 MOTION to Dismiss for Lack of Jurisdiction , Improper Venue, or to Transfer Venue. Document filed by Florida Window Co., Northfield Holding Corp.. Responses due by 9/24/2018(Howley, John)
September 11, 2018 Filing 17 NOTICE OF APPEARANCE by John J. P. Howley on behalf of Florida Window Co., Northfield Holding Corp.. (Howley, John)
September 4, 2018 Set/Reset Deadlines: Florida Window Co. answer due 9/10/2018; Northfield Holding Corp. answer due 9/10/2018. (js)
September 4, 2018 Opinion or Order Filing 16 ORDER granting #14 Letter Motion to Adjourn Conference. Defendants' time to answer is extended to September 10, 2018, and the parties' initial preconference conference is adjourned to September 21, 2018, with the parties' pretrial letter due September 13, 2018. So Ordered. (Signed by Judge Valerie E. Caproni on 9/4/2018) (js)
September 4, 2018 Filing 15 NOTICE OF CHANGE OF ADDRESS by Marc Ethan Haas on behalf of ARCH Specialty Insurance Company. New Address: Robinson & Cole LLP, 666 Third Avenue, 20th Floor, New York, New York, United States 10017, 212-451-2900. (Haas, Marc)
September 4, 2018 Filing 14 LETTER MOTION to Adjourn Conference addressed to Judge Valerie E. Caproni from Marc E. Haas dated September 4, 2018. Document filed by ARCH Specialty Insurance Company.(Haas, Marc)
August 21, 2018 Filing 13 AFFIDAVIT OF SERVICE of Summons and Complaint. Northfield Holding Corp. served on 7/30/2018, answer due 8/20/2018. Service was accepted by Ashley T.. Document filed by ARCH Specialty Insurance Company. (Haas, Marc)
August 21, 2018 Filing 12 AFFIDAVIT OF SERVICE of Summons and Complaint. Florida Window Co. served on 7/31/2018, answer due 8/21/2018. Service was accepted by Lee Santiago, Receptionist. Document filed by ARCH Specialty Insurance Company. (Haas, Marc)
July 26, 2018 Filing 11 ELECTRONIC SUMMONS ISSUED as to Northfield Holding Corp.. (dnh)
July 26, 2018 Filing 10 ELECTRONIC SUMMONS ISSUED as to Florida Window Co.. (dnh)
July 25, 2018 Filing 9 REQUEST FOR ISSUANCE OF SUMMONS as to Northfield Holding Corp. d/b/a Florida Window and Door, re: #7 Complaint. Document filed by ARCH Specialty Insurance Company. (Haas, Marc)
July 25, 2018 Filing 8 REQUEST FOR ISSUANCE OF SUMMONS as to Florida Window Co., re: #7 Complaint. Document filed by ARCH Specialty Insurance Company. (Haas, Marc)
July 25, 2018 Filing 7 COMPLAINT against Florida Window Co., Northfield Holding Corp.. Document filed by ARCH Specialty Insurance Company.(Haas, Marc)
July 25, 2018 Filing 6 CIVIL COVER SHEET filed. (Haas, Marc)
July 25, 2018 Filing 5 NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 9/7/2018 at 10:00 AM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni. (Signed by Judge Valerie E. Caproni on 7/25/2018) (kgo)
July 24, 2018 ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Marc Ethan Haas to RE-FILE Document No. #4 Request for Issuance of Summons, #3 Request for Issuance of Summons,. The filing is deficient for the following reasons: caption entered on summons does not exactly match caption on pleading; defendant name error in "To" field, and on docket entry #3 . Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pne)
July 24, 2018 ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Marc Ethan Haas. The following case opening statistical information was erroneously selected/entered: Cause of Action code 12:635; County code New York. The following corrections have been made to your case entry: the Cause of Action code has been modified to 28:1332; the County code has been modified to XX Out of State. (pne)
July 24, 2018 ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Marc Ethan Haas. The party information for the following party/parties has been modified: ARCH Specialty Insurance Company, Florida Window Co., Northfield Holding Corp.. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; alias party name was omitted. (pne)
July 24, 2018 ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Marc Ethan Haas to RE-FILE Document No. #1 Complaint,. The filing is deficient for the following reasons: the All Defendant radio button was selected; plaintiff name is incorrect on the docket entry text. Re-file the pleading using the event type Complaint 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. (pne)
July 24, 2018 ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Marc Ethan Haas to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason: Multiple Citizenship selections made for plaintiff and defendant. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated June 2017. The S.D.N.Y. Civil Cover Sheet dated June 2017 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (pne)
July 24, 2018 Case Designated ECF. (pne)
July 24, 2018 Magistrate Judge Barbara C. Moses is so designated. 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: #http://nysd.uscourts.gov/forms.php. (pne)
July 24, 2018 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Valerie E. Caproni. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. 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 #http://nysd.uscourts.gov/ecf_filing.php. (pne)
July 23, 2018 Filing 4 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Northfield Holding Corp., re: #1 Complaint. Document filed by ARCH Specialty Insurance Co.. (Haas, Marc) Modified on 7/24/2018 (pne).
July 23, 2018 Filing 3 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Florida Window Company, re: #1 Complaint. Document filed by ARCH Specialty Insurance Co.. (Haas, Marc) Modified on 7/24/2018 (pne).
July 23, 2018 Filing 2 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed. (Haas, Marc) Modified on 7/24/2018 (pne).
July 23, 2018 Filing 1 FILING ERROR - DEFICIENT PLEADING - FILER ERROR - FILED AGAINST PARTY ERROR -COMPLAINT against All Defendants. (Filing Fee $ 400.00, Receipt Number 0208-15354018)Document filed by ARCH Specialty Insurance Co..(Haas, Marc) Modified on 7/24/2018 (pne).

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Defendant: Florida Window Co.
Represented By: John J. P. Howley
Represented By: Ian J. Kukoff
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Defendant: Northfield Holding Corp.
Represented By: John J. P. Howley
Represented By: Ian J. Kukoff
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Plaintiff: Arch Speciality Insurance Company
Represented By: Elyor Pogorelskiy
Represented By: Marc Ethan Haas
Represented By: Gabrielle R Mercadante
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