Admiral Insurance Company v. Tocci Building Corporation et al
| Admiral Insurance Company |
| Tocci Building Corporation, Tocci Residential LLC and John L. Tocci, Sr. |
| Starr Indemnity & Liability Company |
| Great American Assurance Company |
| 1:2021cv10388 |
| March 5, 2021 |
| US District Court for the District of Massachusetts |
| Patti B Saris |
| Insurance |
| 28 U.S.C. § 2201 |
| None |
Docket Report
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| Filing 72 NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at #http://www.mad.uscourts.gov/attorneys/general-info.htm (Coppola, Katelyn) |
| Filing 71 Transcript of Motion Hearing held on June 29, 2021, before Judge Patti B. Saris. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Lee Marzilli at leemarz@aol.com. Redaction Request due 7/27/2021. Redacted Transcript Deadline set for 8/6/2021. Release of Transcript Restriction set for 10/4/2021. (Coppola, Katelyn) |
| Filing 70 Electronic Clerk's Notes for proceedings held before Judge Patti B. Saris: Motion Hearing held on 6/29/2021 by Video. Motions taken under advisement. (Court Reporter: Lee Marzilli at leemarz@aol.com.) (Molloy, Maryellen) |
| Filing 69 ELECTRONIC NOTICE Setting Hearing on Motion #47 MOTION for Joinder to Motion to Intervene (ECF No. 39), #19 MOTION to Dismiss , #49 MOTION for Joinder in the Motions to Intervene of Starr Indemnity and Great American Assurance Company, #39 MOTION to Intervene : This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: #https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on #www.mad.uscourts.gov or contact media@mad.uscourts.gov. Motion Hearing set for 6/29/2021 02:30 PM in Remote Proceeding : Boston before Judge Patti B. Saris. (Baker, Casey) |
| Filing 68 REPLY to Response to #39 MOTION to Intervene filed by Starr Indemnity & Liability Company. (Brown, Alexander) |
| Filing 67 Judge Patti B. Saris: ELECTRONIC ORDER entered granting #66 Motion for Leave to File Reply ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Baker, Casey) |
| Filing 66 MOTION for Leave to File Reply Brief by Starr Indemnity & Liability Company. (Attachments: #1 Exhibit A- Proposed Reply Brief)(Brown, Alexander) |
| Filing 65 Judge Patti B. Saris: ELECTRONIC ORDER entered granting #17 Motion for Protective Order. (Lara, Miguel) |
| Filing 64 SUR-REPLY to Motion re #19 MOTION to Dismiss , #62 Assented to MOTION for Leave to File Surreply In Further Opposition To Motion To Dismiss Or Stay filed by Admiral Insurance Company. (Attachments: #1 Ex. A, #2 Ex. B)(Hermanson, Eric) |
| Filing 63 Judge Patti B. Saris: ELECTRONIC ORDER entered granting #62 Motion for Leave to File Document ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Lara, Miguel) |
| Filing 62 Assented to MOTION for Leave to File Surreply In Further Opposition To Motion To Dismiss Or Stay by Admiral Insurance Company. (Attachments: #1 [Proposed] Surreply In Further Opposition To Motion To Dismiss Or Stay, #2 Ex. A to [Proposed] Surreply, #3 Ex. B to [Proposed] Surreply)(Hermanson, Eric) |
| Filing 61 MEMORANDUM in Opposition re #39 MOTION to Intervene , #47 MOTION for Joinder to Motion to Intervene (ECF No. 39) filed by Tocci Building Corporation, Tocci Residential LLC, John L. Tocci, Sr.. (Kane, Kerianne) |
| Filing 60 NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at #http://www.mad.uscourts.gov/attorneys/general-info.htm (Coppola, Katelyn) |
| Filing 59 Transcript of Scheduling Conference held on May 10, 2021, before Judge Patti B. Saris. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Lee Marzilli at leemarz@aol.com. Redaction Request due 6/28/2021. Redacted Transcript Deadline set for 7/8/2021. Release of Transcript Restriction set for 9/7/2021. (Coppola, Katelyn) |
| Filing 58 Judge Patti B. Saris: STIPULATED PROTECTIVE ORDER entered. (Baker, Casey) |
| Filing 57 REPLY to Response to #19 MOTION to Dismiss filed by Tocci Building Corporation, Tocci Residential LLC, John L. Tocci, Sr.. (Attachments: #1 Exhibit A Citizens Insurance Co. Answer to Complaint in Tocci DJ Action, #2 Exhibit B American Fire & Casualty Answer to Complaint in Tocci DJ Action, #3 Exhibit C Starr Indemnity Answer to Complaint in Tocci DJ Action, #4 Exhibit D Great American Assurance Co. Answer to Complaint in Tocci DJ Action)(Kane, Kerianne) |
| Filing 56 Joint MOTION for Protective Order by Admiral Insurance Company. (Attachments: #1 [Proposed] Stipulation Protective Order)(Moody, Austin) |
| Filing 55 Judge Patti B. Saris: ELECTRONIC ORDER entered granting #50 Motion for Extension of Time to June 11, 2021 to Respond to Starr Indemnity & Liability Company's Motion to Intervene. Responses due by 6/11/2021. (Baker, Casey) |
| Filing 54 Judge Patti B. Saris: ELECTRONIC ORDER entered granting #52 Motion for Leave to Appear Pro Hac Vice; Added Robert A. Maloney. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Baker, Casey) |
| Filing 53 Judge Patti B. Saris: ELECTRONIC ORDER entered granting #51 Motion for Leave to Appear Pro Hac Vice; Added Michael A. Kotula. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Baker, Casey) |
| Filing 52 MOTION for Leave to Appear Pro Hac Vice for admission of Robert A. Maloney Filing fee: $ 100, receipt number 0101-8790219 by Great American Assurance Company. (Attachments: #1 Exhibit A - R. Maloney Affidavit)(Bruno, Jonathan) |
| Filing 51 MOTION for Leave to Appear Pro Hac Vice for admission of Michael A. Kotula Filing fee: $ 100, receipt number 0101-8790158 by Great American Assurance Company. (Attachments: #1 Exhibit A - M. Kotula Affidavit)(Bruno, Jonathan) |
| Filing 50 MOTION for Extension of Time to June 11, 2021 to Respond to Starr Indemnity & Liability Company's Motion to Intervene by Tocci Building Corporation, Tocci Residential LLC, John L. Tocci, Sr..(Kane, Kerianne) |
| Filing 49 MOTION for Joinder in the Motions to Intervene of Starr Indemnity and Great American Assurance Company by Admiral Insurance Company.(Moody, Austin) |
| Filing 48 MEMORANDUM in Support re #47 MOTION for Joinder to Motion to Intervene (ECF No. 39) filed by Great American Assurance Company. (Attachments: #1 Exhibit A - Intervenor Complaint, #2 Exhibit 1 to Intervenor Complaint - Policy EXC 4223353, #3 Exhibit 2 to Intervenor Complaint - Policy EXC 4101321, #4 Exhibit 3 to Intervenor Complaint - Policy EXC 1615227, #5 Exhibit 4 to Intervenor Complaint - Policy EXC 2275809)(Bruno, Jonathan) |
| Filing 47 MOTION for Joinder to Motion to Intervene (ECF No. 39) by Great American Assurance Company.(Bruno, Jonathan) |
| Filing 46 NOTICE of Appearance by Jonathan B. Bruno on behalf of Great American Assurance Company (Bruno, Jonathan) |
| Filing 45 Judge Patti B. Saris: ELECTRONIC ORDER entered granting #44 Motion for Leave to File Document ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Baker, Casey) |
| Filing 44 MOTION for Leave to File Reply in Further Support of Motion to Dismiss by Tocci Building Corporation, Tocci Residential LLC, John L. Tocci, Sr..(Kane, Kerianne) |
| Filing 43 Judge Patti B. Saris: ELECTRONIC ORDER entered granting #38 Motion for Leave to Appear Pro Hac Vice; Added William P. Shelley. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Baker, Casey) |
| Filing 42 Judge Patti B. Saris: ELECTRONIC ORDER entered granting #37 Motion for Leave to Appear Pro Hac Vice; Added Alexander S. Brown. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Baker, Casey) |
| Filing 41 Notice of correction to docket made by Court staff - Memorandum in Support and Exhibit A re #39 Motion to Intervene, have been removed from dkt. entry #39 and refiled as a separate entry, see dkt. no. #40 . (Baker, Casey) |
| Filing 40 MEMORANDUM in Support re #39 MOTION to Intervene filed by Starr Indemnity & Liability Company. (Attachments: #1 Exhibit A) (Baker, Casey) |
| Filing 39 MOTION to Intervene by Starr Indemnity & Liability Company. (Attachments: # 1 Supplement Memorandum of Law in Support of Motion, # 2 Exhibit A to Memorandum of Law in Support of Motion)(Roberts, Greil) Modified to remove Memorandum and Exhibit and refile as separate entry, see dkt. no. #40 on 5/14/2021 (Baker, Casey). |
| Filing 38 MOTION for Leave to Appear Pro Hac Vice for admission of William P. Shelley Filing fee: $ 100, receipt number 0101-8775190 by Starr Indemnity & Liability Company. (Attachments: #1 Exhibit A - Affidavit in Support)(Roberts, Greil) |
| Filing 37 MOTION for Leave to Appear Pro Hac Vice for admission of Alexander S. Brown Filing fee: $ 100, receipt number 0101-8775175 by Starr Indemnity & Liability Company. (Attachments: #1 Exhibit A-Affidavit in Support)(Roberts, Greil) |
| Filing 36 NOTICE of Appearance by Greil I. Roberts on behalf of Starr Indemnity & Liability Company (Roberts, Greil) |
| Filing 35 ELECTRONIC NOTICE Resetting Hearing on Motion #19 MOTION to Dismiss : This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: #https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on #www.mad.uscourts.gov or contact media@mad.uscourts.gov. Motion Hearing RESET for 6/29/2021 02:30 PM in Remote Proceeding : Boston before Judge Patti B. Saris. (Baker, Casey) |
| Filing 34 Judge Patti B. Saris: ELECTRONIC ORDER entered granting in part #24 Joint MOTION for Extension of Time to Extend Briefing Schedule And Reschedule June 15, 2021 Oral Argument. (Baker, Casey) |
| Filing 33 Electronic Clerk's Notes for proceedings held before Judge Patti B. Saris: Scheduling Conference/Status Conference held on 5/10/2021 by Video. ORDERED: Joint Statement #28 NOT ADOPTED. Automatic Disclosures to go forward. All Discovery is STAYED. Hearing on Motion to Dismiss is reset from 6/15/2021 to 6/29/2021 at 2:30pm REMOTE PROCEEDING. (Court Reporter: Lee Marzilli at leemarz@aol.com.) (Molloy, Maryellen) |
| Filing 32 CERTIFICATION pursuant to Local Rule 16.1 . (Vita, Jeffrey) |
| Filing 31 AFFIDAVIT in Opposition re #19 MOTION to Dismiss and in Support Of Admiral's Opposition To Motion To Dismiss filed by Admiral Insurance Company. (Attachments: #1 Ex. A, #2 Ex. B, #3 Ex. C, #4 Ex. D)(Hermanson, Eric) |
| Filing 30 Opposition re #19 MOTION to Dismiss filed by Admiral Insurance Company. (Hermanson, Eric) |
| Filing 29 CERTIFICATION pursuant to Local Rule 16.1 by Admiral Insurance Company.(Hermanson, Eric) |
| Filing 28 JOINT SUBMISSION pursuant to Local Rule 16.1 by Admiral Insurance Company.(Moody, Austin) |
| Filing 27 Judge Patti B. Saris: ELECTRONIC ORDER entered granting #26 Joint MOTION for Leave to File Excess Pages nunc pro tunc. (Baker, Casey) |
| Filing 26 Joint MOTION for Leave to File Excess Pages nunc pro tunc by Admiral Insurance Company.(Moody, Austin) |
| Filing 25 NOTICE of Hearing.This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: #https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on #www.mad.uscourts.gov or contact media@mad.uscourts.gov. Scheduling Conference/Status Conference set for 5/10/2021 02:30 PM in Remote Proceeding : Boston before Judge Patti B. Saris. (Baker, Casey) |
| Filing 24 Joint MOTION for Extension of Time to 6/28/2021 to Extend Briefing Schedule And Reschedule June 15, 2021 Oral Argument by Admiral Insurance Company.(Moody, Austin) |
| Filing 23 Judge Patti B. Saris: ELECTRONIC ORDER entered re #22 Joint MOTION for Order to For Leave to Refile Redacted Exhibits. "Allowed. The Clerk is directed to replace the Exhibits in docket entry #18 ." (Baker, Casey) |
| Filing 22 Joint MOTION for Order to For Leave to Refile Redacted Exhibits by Tocci Building Corporation, Tocci Residential LLC, John L. Tocci, Sr.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 13)(Kane, Kerianne) |
| Filing 21 ELECTRONIC NOTICE Setting Hearing on Motion #19 MOTION to Dismiss , #10 MOTION for Summary Judgment Motion For Partial Summary Judgment, #17 MOTION for Protective Order : This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: #https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on #www.mad.uscourts.gov or contact media@mad.uscourts.gov. Motion Hearing set for 6/15/2021 09:30 AM in Remote Proceeding : Boston before Judge Patti B. Saris. (Baker, Casey) |
| Filing 20 MEMORANDUM in Support re #19 MOTION to Dismiss filed by Tocci Building Corporation, Tocci Residential LLC, John L. Tocci, Sr.. (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - DJ Complaint, #3 Exhibit C -Harleysville DJ Motion to Consolidate)(Kane, Kerianne) |
| Filing 19 MOTION to Dismiss by Tocci Building Corporation, Tocci Residential LLC, John L. Tocci, Sr..(Kane, Kerianne) |
| Filing 18 MEMORANDUM in Support re #17 MOTION for Protective Order filed by Tocci Building Corporation, Tocci Residential LLC, John L. Tocci, Sr.. (Attachments: #1 Exhibit Redacted McCall Exhibit 1, #2 Exhibit Redacted McCall Exhibit 2, #3 Exhibit Redacted McCall Exhibit 3, #4 Exhibit Redacted McCall Exhibit 4, #5 Exhibit Redacted McCall Exhibit 5, #6 Exhibit Redacted McCall Exhibit 6, #7 Exhibit Redacted McCall Exhibit 7, #8 Exhibit Redacted McCall Exhibit 8, #9 Exhibit Redacted McCall Exhibit 9, #10 Exhibit Redacted McCall Exhibit 10, #11 Exhibit Redacted McCall Exhibit 11, #12 McCall Exhibit 12, #13 Exhibit Redacted McCall Exhibit 13)(Kane, Kerianne) (Attachments 1 - 13 replaced on 4/27/2021, per 23 Order) (Baker, Casey). |
| Filing 17 MOTION for Protective Order by Tocci Building Corporation, Tocci Residential LLC, John L. Tocci, Sr.. (Attachments: #1 Affidavit of Kerianne E. Kane)(Kane, Kerianne) |
| Filing 16 NOTICE of Appearance by Kerianne E. Kane on behalf of Tocci Building Corporation, Tocci Residential LLC, John L. Tocci, Sr. (Kane, Kerianne) |
| Filing 14 Judge Patti B. Saris: ELECTRONIC ORDER entered granting #13 Motion to Temporarily Impound Certain Materials. Counsel will receive an email within twenty-four (24) hours of this order with instructions for submitting sealed documents for which leave has been granted in accordance with the Local Rules of the U.S. District Court of Massachusetts. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Baker, Casey) |
| Filing 13 MOTION to Temporarily impound Certain Materials by Admiral Insurance Company. (Attachments: #1 Affidavit Of Eric B. Hermanson)(Hermanson, Eric) Modified text to reflect the title of the document on 4/13/2021 (Baker, Casey). |
| Filing 12 Statement of Material Facts L.R. 56.1 re #10 MOTION for Summary Judgment Motion For Partial Summary Judgment filed by Admiral Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Affidavit of Maureen McCall, #4 McCall - Exhibit 1, #5 McCall - Exhibit 2, #6 McCall - Exhibit 3, #7 McCall - Exhibit 4, #8 McCall - Exhibit 5, #9 McCall - Exhibit 6, #10 McCall - Exhibit 7, #11 McCall - Exhibit 8, #12 McCall - Exhibit 9, #13 McCall - Exhibit 10, #14 McCall - Exhibit 11, #15 McCall - Exhibit 12, #16 McCall - Exhibit 13, #17 Affidavit Of Beth Onslagter, #18 Onslagter - Exhibit 1, #19 Onslagter - Exhibit 2, #20 Onslagter - Exhibit 3, #21 Onslagter - Exhibit 4, #22 Onslagter - Exhibit 5, #23 Onslagter - Exhibit 6, #24 Onslagter - Exhibit 7, #25 Onslagter - Exhibit 8, #26 Onslagter - Exhibit 9, #27 Onslagter - Exhibit 10, #28 Onslagter - Exhibit 11)(Hermanson, Eric) |
| Filing 11 MEMORANDUM in Support re #10 MOTION for Summary Judgment Motion For Partial Summary Judgment filed by Admiral Insurance Company. (Hermanson, Eric) |
| Filing 10 MOTION for Summary Judgment Motion For Partial Summary Judgment by Admiral Insurance Company.(Hermanson, Eric) |
| Filing 9 Judge Patti B. Saris: ELECTRONIC ORDER entered granting #8 Motion for Extension of Time to Answer re #1 Complaint. Tocci Building Corporation, Tocci Residential LLC and John L. Tocci, Sr. answer due 5/8/2021. (Baker, Casey) |
| Filing 8 First MOTION for Extension of Time to May 8, 2021 to File Answer by Tocci Building Corporation, Tocci Residential LLC, John L. Tocci, Sr..(Vita, Jeffrey) |
| Filing 7 NOTICE of Appearance by Jeffrey J. Vita on behalf of Tocci Building Corporation, Tocci Residential LLC, John L. Tocci, Sr. (Vita, Jeffrey) |
| Filing 6 NOTICE of Appearance by Austin D. Moody on behalf of Admiral Insurance Company (Moody, Austin) |
| Filing 5 AFFIDAVIT OF SERVICE Executed by Admiral Insurance Company. All Defendants. Acknowledgement filed by Admiral Insurance Company. (Moody, Austin) |
| Filing 4 Summons Issued as to All Defendants. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Pacho, Arnold) |
| Filing 3 ELECTRONIC NOTICE of Case Assignment. Judge Patti B. Saris assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Donald L. Cabell. (Finn, Mary) |
| Filing 2 CORPORATE DISCLOSURE STATEMENT by Admiral Insurance Company identifying Corporate Parent W.R. Berkley Corporation for Admiral Insurance Company.. (Hermanson, Eric) |
| Filing 1 COMPLAINT against All Defendants Filing fee: $ 402, receipt number 0101-8668038 (Fee Status: Filing Fee paid), filed by Admiral Insurance Company. (Attachments: #1 Civil Cover Sheet, #2 Category Form)(Hermanson, Eric) |
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