Gelwan v. Vermont Mutual Insurance Company et al.
Plaintiff: Lloyd A. Gelwan
Defendant: Berkshire Insurance Group, Inc. and Vermont Mutual Insurance Company
Case Number: 3:2021cv30077
Filed: June 25, 2021
Court: US District Court for the District of Massachusetts
Office: Springfield Office
Presiding Judge: Mark G Mastroianni
Referring Judge: Katherine A Robertson
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. ยง 1446 bc
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on August 19, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 19, 2021 Opinion or Order Filing 42 Magistrate Judge Katherine A. Robertson: ELECTRONIC ORDER entered granting Plaintiff's #41 Motion for leave to electronically file Pro Se. The court grants permission on the condition that the pro se litigant is familiar with the Courts Local Rules. #https://www.mad.uscourts.gov/general/rules-home.htm . The CM/ECF system follows and must be used in conjunction with the Federal Rules of Civil & Criminal Procedure, the Local Rules, and any administrative orders and policies of the United States District for the District of Massachusetts. The litigant is directed to complete the registration form accessible at #https://forms.mad.uscourts.gov/ecfreg.html ; and ELECTRONIC ORDER entered granting #41 Motion to Continue. The Scheduling Conference is reset to 9/21/2021 at 2:30 PM in Remote Proceeding : Springfield before Magistrate Judge Katherine A. Robertson. Joint Statement due by 9/14/2021. This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. Plaintiff may appear by calling the telephone number number provided on the invite once it has been emailed by the clerk. 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. (Rivera, Melissa)
August 17, 2021 Opinion or Order Filing 41 MOTION for Leave to file electronically Pro Se, MOTION to Continue Scheduling Conference by Lloyd A. Gelwan.(Zamorski, Michael)
August 12, 2021 Opinion or Order Filing 40 ELECTRONIC NOTICE of Hearing ISSUED: A Scheduling Conference is set for 8/31/2021 at 2:30 PM in Remote Proceeding : Springfield before Magistrate Judge Katherine A. Robertson. If unavailable, counsel are to confer regarding availability, come up with three mutually agreed upon dates and so notify the Court for rescheduling.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. (Rivera, Melissa)
August 5, 2021 Opinion or Order Filing 39 CASE REFERRED to Magistrate Judge Katherine A. Robertson. (Rivera, Christina)
August 5, 2021 Opinion or Order Filing 38 ELECTRONIC NOTICE Canceling Hearing: Scheduling Conference is canceled. Case will be referred to Magistrate Judge and rescheduled accordingly. (Rivera, Christina)
August 5, 2021 Opinion or Order Filing 37 Plaintiff's SUBMISSION pursuant to Local Rule 16.1(d) by Lloyd A. Gelwan.(Zamorski, Michael)
August 4, 2021 Opinion or Order Filing 36 JOINT STATEMENT re scheduling conference . (Baldwin, Sharon)
July 9, 2021 Opinion or Order Filing 35 NOTICE of Appearance by Sharon B. Baldwin on behalf of Vermont Mutual Insurance Company (Baldwin, Sharon)
June 30, 2021 Opinion or Order Filing 34 NOTICE of Scheduling Conference Scheduling Conference set for 8/11/2021 10:00 AM in Hampden Courtroom before Judge Mark G. Mastroianni. (Zamorski, Michael)
June 25, 2021 Opinion or Order Filing 33 NOTICE of Appearance by Stuart G. Blackburn on behalf of Vermont Mutual Insurance Company (Blackburn, Stuart)
June 25, 2021 Opinion or Order Filing 32 ELECTRONIC NOTICE of Case Assignment. Judge Mark G. Mastroianni 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 Katherine A. Robertson. (Danieli, Chris)
June 25, 2021 Opinion or Order Filing 31 Case transferred in from District of New York Southern; Case Number 1:21-cv-02365.
June 23, 2021 Opinion or Order Filing 30 OPINION & ORDER re: #18 MOTION to Transfer Case filed by Vermont Mutual Insurance Company, #15 MOTION to Transfer Case filed by Vermont Mutual Insurance Company, #14 MOTION to Transfer Case filed by Vermont Mutual Insurance Company, #16 MOTION to Transfer Case filed by Vermont Mutual Insurance Company, #8 MOTION to Change Venue filed by Berkshire Insurance Group, Inc. Defendants motion to transfer is GRANTED. The Clerk of Court is directed to terminate the open motions at Documents 8, 14, 15, 16, and 18 and to transfer the case forthwith to the District of Massachusetts, Western Division. The seven-day waiting period set forth in Local Rule 83.1 shall be waived. The Clerks office is also directed to mail a copy of this Opinion & Order to the pro se Plaintiff. (Signed by Judge Vernon S. Broderick on 6/23/2021) (ate) Transmission to Pro Se Assistants for processing.
June 23, 2021 Opinion or Order CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of District of Massachusetts. (ate)
May 25, 2021 Opinion or Order Filing 29 CERTIFICATE OF SERVICE of Reply Memorandum, Declaration, and Paper Copies of Unpublished Opinions served on Lloyd A. Gelwan on May 25, 2021. Service was made by Mail. Document filed by Berkshire Insurance Group, Inc..(Valicenti, David)
May 25, 2021 Opinion or Order Filing 28 DECLARATION of Christopher Miskavitch in Support re: #8 MOTION to Change Venue .. Document filed by Berkshire Insurance Group, Inc..(Valicenti, David)
May 25, 2021 Opinion or Order Filing 27 REPLY MEMORANDUM OF LAW in Support re: #8 MOTION to Change Venue . . Document filed by Berkshire Insurance Group, Inc..(Valicenti, David)
May 25, 2021 Opinion or Order Filing 26 FIRST REPLY MEMORANDUM OF LAW in Support re: #18 MOTION to Transfer Case ., #16 MOTION to Transfer Case . . Document filed by Vermont Mutual Insurance Company. (Attachments: #1 Exhibit Notice of Non-Renewal, #2 Affidavit Certificate of Service).(Arcuri, Andrew)
May 19, 2021 Opinion or Order Filing 25 MEMO ENDORSEMENT on re: #22 Letter filed by Lloyd A. Gelwan. ENDORSEMENT: APPLICATION GRANTED. To the extent Plaintiff is not aware, pursuant to Individual Rule 4.B, Plaintiff may submit a memorandum in opposition of up to 25 pages, in addition to whatever affidavit he intends to submit pursuant to Individual Rule 4.D. SO ORDERED. (Signed by Judge Vernon S. Broderick on 5/19/2021) (kv)
May 19, 2021 Opinion or Order Filing 24 MEMORANDUM OF LAW in Opposition re: #18 MOTION to Transfer Case ., #15 MOTION to Transfer Case ., #14 MOTION to Transfer Case ., #16 MOTION to Transfer Case ., #8 MOTION to Change Venue . . Document filed by Lloyd A. Gelwan. (Attachments: #1 Declaration of Dr. Ceri Hadda).(Gelwan, Lloyd)
May 19, 2021 Opinion or Order ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney LLoyd Gelwan to RE-FILE Document #20 Proposed Order. The title of the document needs to be changed to a stipulation and order. Use the event type proposed orders, proposed stipulation and order. (km)
May 18, 2021 Opinion or Order Filing 23 DECLARATION of Lloyd A. Gelwan in Opposition re: #18 MOTION to Transfer Case ., #15 MOTION to Transfer Case ., #14 MOTION to Transfer Case ., #16 MOTION to Transfer Case ., #8 MOTION to Change Venue .. Document filed by Lloyd A. Gelwan..(Gelwan, Lloyd)
May 18, 2021 Opinion or Order Filing 22 LETTER addressed to Judge Vernon S. Broderick from Lloyd A. Gelwan dated May 18 2021 re: Permission to exceed page limits. Document filed by Lloyd A. Gelwan..(Gelwan, Lloyd)
May 17, 2021 Opinion or Order Filing 21 STIPULATION: It is hereby STIPULATED and AGREED by and between all parties by and through their attorneys that the time within which Plaintiff may respond to Defendants' Motion to Transfer this action to the United States District Court for the District of Massachusetts shall be extended through and including May 18, 2021. Upon receipt, Defendants are directed to email a copy of this order to the pro se plaintiff. SO ORDERED., ( Responses due by 5/18/2021) (Signed by Judge Vernon S. Broderick on 5/17/2021) (ama)
May 14, 2021 Opinion or Order Filing 20 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - PROPOSED ORDER. Document filed by Lloyd A. Gelwan..(Gelwan, Lloyd) Proposed Order to be reviewed by Clerk's Office staff. Modified on 5/14/2021 (km).
April 22, 2021 Opinion or Order Filing 19 CERTIFICATE OF SERVICE of Motion to Transfer Venue and Supporting Materials served on Lloyd A. Gelwan on April 22, 2021. Service was made by Mail. Document filed by Berkshire Insurance Group, Inc..(Dew, John)
April 22, 2021 Opinion or Order Filing 18 MOTION to Transfer Case . Document filed by Vermont Mutual Insurance Company..(Arcuri, Andrew)
April 21, 2021 Opinion or Order Filing 17 ORDER with respect to #8 Motion to Change Venue; with respect to #14 Motion to Transfer Case; with respect to #15 Motion to Transfer Case; with respect to #16 Motion to Transfer Case. In light of the fact that the Plaintiff is proceeding pro se, it is hereby: ORDERED that each Defendant are directed to serve Plaintiff with their respective motions and supporting materials, and then file proof of service on the docket. IT IS FURTHER ORDERED that Plaintiff shall submit any response to Defendants' motions to change venue 21 days after the last Defendant files proof of service on the docket. The Clerk's office is directed to mail a copy of this Order to the pro se Plaintiff. SO ORDERED. (Signed by Judge Vernon S. Broderick on 4/21/2021) (kv) Transmission to Docket Assistant Clerk for processing.
April 21, 2021 Opinion or Order Mailed a copy of #17 Order on Motion to Change Venue, Order on Motion to Transfer Case, to Lloyd A. Gelwan at Law Offices of Lloyd A. Gelwan, 79 West 12th Street, Ste 4A, New York, NY 10011. (dsh)
April 7, 2021 Opinion or Order Filing 16 MOTION to Transfer Case . Document filed by Vermont Mutual Insurance Company..(Arcuri, Andrew)
April 7, 2021 Opinion or Order Filing 15 MOTION to Transfer Case . Document filed by Vermont Mutual Insurance Company..(Arcuri, Andrew)
April 7, 2021 Opinion or Order Filing 14 MOTION to Transfer Case . Document filed by Vermont Mutual Insurance Company..(Arcuri, Andrew)
April 6, 2021 Opinion or Order ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Andrew A Arcuri to RE-FILE Document #12 MOTION to Change Venue . ERROR(S): Supporting documents must be filed separately, each receiving their own document number. Declaration in Support of Motion and Memorandum of Law in Support of Motion are both found under the event list Replies, Opposition and Supporting Documents. (ldi)
April 5, 2021 Opinion or Order Filing 13 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate Northern Security Insurance Company, Other Affiliate Granite Insurance Company for Vermont Mutual Insurance Company. Document filed by Vermont Mutual Insurance Company..(Arcuri, Andrew)
April 5, 2021 Opinion or Order Filing 12 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Change Venue . Document filed by Vermont Mutual Insurance Company. (Attachments: #1 Affidavit Declaration of Bruce H. Kelly, #2 Memo of Law, #3 Certificate of Service).(Arcuri, Andrew) Modified on 4/6/2021 (ldi).
April 5, 2021 Opinion or Order Filing 11 ANSWER to Complaint with JURY DEMAND. Document filed by Vermont Mutual Insurance Company. (Attachments: #1 Certificate of Service).(Arcuri, Andrew)
April 2, 2021 Opinion or Order Filing 10 DECLARATION of Christopher Miskavitch in Support re: #8 MOTION to Change Venue .. Document filed by Berkshire Insurance Group, Inc..(Valicenti, David)
April 2, 2021 Opinion or Order Filing 9 MEMORANDUM OF LAW in Support re: #8 MOTION to Change Venue . . Document filed by Berkshire Insurance Group, Inc..(Valicenti, David)
April 2, 2021 Opinion or Order Filing 8 MOTION to Change Venue . Document filed by Berkshire Insurance Group, Inc..(Valicenti, David)
April 2, 2021 Opinion or Order Filing 7 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE DOCUMENT #8) - MOTION to Change Venue . Document filed by Berkshire Insurance Group, Inc. (Attachments: #1 Memorandum of Law in Support of Motion for Transfer of Venue, #2 Declaration in Support, #3 Certificate of Service).(Valicenti, David) Modified on 4/6/2021 (ldi).
April 2, 2021 Opinion or Order Filing 6 ANSWER to Complaint with JURY DEMAND. Document filed by Berkshire Insurance Group, Inc. (Attachments: #1 Certificate of Service).(Valicenti, David)
April 2, 2021 Opinion or Order Filing 5 FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Berkshire Hills Bancorp, Inc. for Berkshire Insurance Group, Inc. Document filed by Berkshire Insurance Group, Inc..(Valicenti, David)
March 19, 2021 Opinion or Order Filing 4 NOTICE OF APPEARANCE by John Forman Dew on behalf of Berkshire Insurance Group, Inc..(Dew, John)
March 19, 2021 Opinion or Order Filing 3 NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 650786/2021..Document filed by Vermont Mutual Insurance Company. (Attachments: #1 Ex A (State Court Complaint), #2 Ex B (Berkshire Insurance Consent), #3 Certificate of Service).(Arcuri, Andrew)
March 19, 2021 Opinion or Order Filing 2 CIVIL COVER SHEET filed..(Arcuri, Andrew)
March 19, 2021 Opinion or Order ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney ANDREW A. ARCURI,. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (gp)
March 19, 2021 Opinion or Order ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Andrew A Arcuri to RE-FILE 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 AND the wrong filer/filers were selected for the pleading. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents. 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. (gp)
March 19, 2021 Opinion or Order Magistrate Judge Ona T. Wang 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (gp)
March 19, 2021 Opinion or Order Case Designated ECF. (gp)
March 19, 2021 Opinion or Order CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Vernon S. Broderick. 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..(gp)
March 19, 2021 Opinion or Order ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Andrew Arcuri. The following case opening statistical information was erroneously selected/entered: Nature of Suit code 190 (Contract: Other);. The following correction(s) have been made to your case entry: the Nature of Suit code has been modified to 110 (Insurance). (gp)
March 18, 2021 Opinion or Order Filing 1 FILING ERROR - DEFICIENT DOCKET ENTRY - FILER ERROR NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 650786/2021. (Filing Fee $ 402.00, Receipt Number ANYSDC-24270556).Document filed by Lloyd A. Gelwan. (Attachments: #1 Certificate of Service of Notice of Removal).(Arcuri, Andrew) Modified on 3/19/2021 (gp).

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Plaintiff: Lloyd A. Gelwan
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Defendant: Berkshire Insurance Group, Inc.
Represented By: David E. Valicenti
Represented By: John F. Dew, I
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Defendant: Vermont Mutual Insurance Company
Represented By: Stuart G. Blackburn
Represented By: Andrew A Arcuri
Represented By: Sharon B. Baldwin
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