Falvey v. United States Fire Insurance Company et al
| James Falvey and Pro se litigant James Falvey |
| United States Fire Insurance Company, Crum & Forster Holdings Corp. doing business as Crum & Foster Corp. and Blue Star Claims LLC |
| 1:2023cv13193 |
| December 26, 2023 |
| US District Court for the District of Massachusetts |
| Myong J Joun |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Insurance Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 16, 2024. A more recent docket listing may be available from PACER.
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| Filing 36 First SUR-REPLY to Motion re #24 MOTION to Dismiss for Lack of Jurisdiction Sur-Reply in Further Opposition To Defense Motion to Dismiss filed by James Falvey. (Falvey, James) |
| Filing 35 Judge Myong J. Joun: ELECTRONIC ORDER entered granting #34 MOTION for Leave to File Sur-Reply in Further Opposition To Defense Motion to Dismiss. 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. (Dore, Samantha) |
| Filing 34 MOTION for Leave to File Sur-Reply in Further Opposition To Defense Motion to Dismiss by James Falvey. (Attachments: #1 Exhibit Exhibit 5 Proposed Sur-Reply)(Falvey, James) |
| Filing 33 REPLY to Response to #24 MOTION to Dismiss for Lack of Jurisdiction (leave to file reply granted at ECF No. 32 on 2/12/24) filed by Crum & Forster Holdings Corp.. (Henlin, Alexander) |
| Filing 32 Judge Myong J. Joun: ELECTRONIC ORDER entered GRANTING #30 Motion for Leave to File a Reply in Further Support of Motion to Dismiss (ECF No. #24 ). (York, Steve) |
| Filing 31 First Opposition re #30 MOTION for Leave to File a Reply in Further Support of Motion to Dismiss (ECF No. 24) filed by James Falvey. (Falvey, James) |
| Filing 30 MOTION for Leave to File a Reply in Further Support of Motion to Dismiss (ECF No. 24) by Crum & Forster Holdings Corp.. (Attachments: #1 Exhibit A - Proposed Reply)(Henlin, Alexander) |
| Filing 29 NOTICE of Appearance by Michael N. Wolgin on behalf of Blue Star Claims LLC, Crum & Forster Holdings Corp., United States Fire Insurance Company (Wolgin, Michael) |
| Filing 28 First Opposition re #24 MOTION to Dismiss for Lack of Jurisdiction filed by James Falvey. (Attachments: #1 Exhibit Crum & Forster Holding Corp. Business Filing, #2 Exhibit United States Fire Insurance Company Business Filing)(Falvey, James) |
| Filing 27 ANSWER to Complaint by Blue Star Claims LLC.(Henlin, Alexander) |
| Filing 26 ANSWER to Complaint by United States Fire Insurance Company.(Henlin, Alexander) |
| Filing 25 MEMORANDUM in Support re #24 MOTION to Dismiss for Lack of Jurisdiction filed by Crum & Forster Holdings Corp.. (Henlin, Alexander) |
| Filing 24 MOTION to Dismiss for Lack of Jurisdiction by Crum & Forster Holdings Corp.. (Attachments: #1 Exhibit 1 - Insurance Certificate, #2 Exhibit 2 - Mattingly Declaration)(Henlin, Alexander) |
| Filing 23 Judge Myong J. Joun: ELECTRONIC ORDER entered granting #22 Motion for Leave to Appear Pro Hac Vice Added Michael N. Wolgin. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at # https://pacer.uscourts.gov/register-account. You must put the docket number under ADDITIONAL FILER INFORMATION on your form when registering or it will be rejected.Pro Hac Vice Admission Request Instructions # https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (Dore, Samantha) |
| Filing 22 MOTION for Leave to Appear Pro Hac Vice for admission of Michael N. Wolgin Filing fee: $ 125, receipt number AMADC-10247203 by Blue Star Claims LLC, Crum & Forster Holdings Corp., United States Fire Insurance Company. (Attachments: #1 Affidavit of Michael Wolgin, Esq., in Support of Motion)(Henlin, Alexander) |
| Filing 21 Letter/request (non-motion) from James Falvey. (Dore, Samantha) |
| Filing 20 Judge Myong J. Joun: ELECTRONIC ORDER entered re #19 First Motion for Reconsideration. Upon reconsideration, the Court declines to disturb its earlier ruling. (York, Steve) |
| Filing 19 First MOTION for Reconsideration by James Falvey.(Falvey, James) |
| Filing 18 CERTIFICATE OF SERVICE pursuant to LR 5.2 by James Falvey . (Falvey, James) |
| Filing 17 Judge Myong J. Joun: ELECTRONIC ORDER entered re #9 Motion to Remand; and #16 Motion to Expedite. District courts have "original jurisdiction of all civil actions where the matter in controversy exceeds the sum or value of $75,000, exclusive of interest and costs, and is between... citizens of different States[.]" 28 U.S.C. 1332(a); see also Carrozza v. CVS Pharmacy, Inc., 992 F.3d 44, 51 (1st Cir. 2021). Here, Plaintiff James Falvey's Complaint alleges a dispute with damages that exceed $1.5 million, [Doc. No. #1 -1 at 6], and his alleged citizenship in Massachusetts, [id. at 10], differs from the alleged citizenships of Defendants United States Fire Insurance Company, Crum & Forster Holdings Corp., and Blue Star Claims LLC in Delaware, New Jersey, and Arizona, [Doc. No. #1 at 2]. This suffices to demonstrate the Court's federal diversity jurisdiction over this matter, Carrozza, 992 F.3d at 53, which Defendants timely removed from state court, see 28 U.S.C. 1332, 1441, 1446; [Doc. No. #1 ]. Plaintiff's unsupported contentions to the contrary lack merit. Accordingly, Plaintiff's Motion to Remand, [Doc. No. #9 ], is DENIED, and Plaintiff's Motion to Expedite, [Doc. No. #16 ], is deemed moot. (York, Steve) |
| Filing 16 MOTION to Expedite by James Falvey.(Falvey, James) |
| Filing 15 Opposition re #9 MOTION to Remand filed by Blue Star Claims LLC, Crum & Forster Holdings Corp., United States Fire Insurance Company. (Henlin, Alexander) |
| Filing 14 STATE COURT Record All Defendants.. (Henlin, Alexander) |
| Filing 13 NOTICE of Change of Address or Firm Name by Alexander G. Henlin (counsel for all defendants) (Henlin, Alexander) |
| Filing 12 RESPONSE to Motion re #10 MOTION for Leave to file electronically Pro Se filed by Blue Star Claims LLC, Crum & Forster Holdings Corp., United States Fire Insurance Company. (Henlin, Alexander) |
| Filing 11 Judge Myong J. Joun: ELECTRONIC ORDER entered ALLOWING #10 Motion for leave to electronically file Pro Se. Pro se litigants must have an individual PACER account to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at #https://pacer.uscourts.gov/register-account.Pro se e-filing account Instructions #https://www.mad.uscourts.gov/caseinfo/nextgen-pro-se.htm.If you already have a PACER account with E-Filing access as a pro se litigant, you do not need to register again. Please email tracy_mclaughlin@mad.uscourts.gov. (Dore, Samantha) |
| Filing 10 MOTION for Leave to file electronically Pro Se by James Falvey.(Dore, Samantha) |
| Filing 9 MOTION to Remand by James Falvey.(Dore, Samantha) |
| Filing 8 Judge Myong J. Joun: ELECTRONIC ORDER entered Granting #7 MOTION for Extension of Time to 2/1/2024 to File Answer re #1 Notice of Removal, or otherwise respond to the complaint. (Dore, Samantha) |
| Filing 7 MOTION for Extension of Time to 2/1/2024 to File Answer re #1 Notice of Removal, or otherwise respond to the complaint by Blue Star Claims LLC, Crum & Forster Holdings Corp., United States Fire Insurance Company.(Henlin, Alexander) |
| Filing 6 Certified Copy of Notice of Removal Provided to Defense Counsel by Email (Currie, Haley) |
| Filing 5 ELECTRONIC NOTICE of Case Assignment. Judge Myong J. Joun 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 M. Page Kelley. (Cowan, Nicole) |
| Filing 4 CORPORATE DISCLOSURE STATEMENT by Blue Star Claims LLC identifying Other Affiliate Transtar Insurance Brokers, Inc. for Blue Star Claims LLC.. (Henlin, Alexander) |
| Filing 3 CORPORATE DISCLOSURE STATEMENT by Crum & Forster Holdings Corp. identifying Corporate Parent Fairfax (US) Inc., Corporate Parent Fairfax Financial Holdings Limited, Corporate Parent FFHL Group Ltd. for Crum & Forster Holdings Corp... (Henlin, Alexander) |
| Filing 2 CORPORATE DISCLOSURE STATEMENT by United States Fire Insurance Company identifying Corporate Parent Fairfax (US) Inc., Corporate Parent Fairfax Financial Holdings Limited, Corporate Parent Crum & Forster Holdings Corp., Corporate Parent FFHL Group Ltd. for United States Fire Insurance Company.. (Henlin, Alexander) |
| Filing 1 NOTICE OF REMOVAL by Blue Star Claims LLC, Crum & Forster Holdings Corp., United States Fire Insurance Company ( Filing fee: $ 405, receipt number AMADC-10193019 Fee Status: Filing Fee paid) (Attachments: #1 Exhibit A - State Court Process, #2 Civil Cover Sheet, #3 Category Form)(Henlin, Alexander) |
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