AGL Industries, Inc. v. Continental Indemnity Company et al
| AGL Industries, Inc. |
| Applied Risk Services, Inc., Continental Indemnity Company, Applied Underwriters, Inc. and Applied Underwriters Captive Risk Assurance Company, Inc. |
| 8:2018cv00370 |
| August 1, 2018 |
| US District Court for the District of Nebraska |
| 8 Omaha Office |
| Susan M Bazis |
| Laurie Smith Camp |
| John M Gerrard |
| Michael D Nelson |
| Contract: Marine |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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This docket was last retrieved on October 18, 2018. A more recent docket listing may be available from PACER.
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Filing 59
TEXT ORDER - The parties have advised that this case has been resolved. The parties shall submit settlement documents by October 8, 2018. Ordered by Magistrate Judge Susan M. Bazis. (LRH)
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| Filing 58 TEXT MINUTE ENTRY for proceedings held before Magistrate Judge Susan M. Bazis. Telephone Conference held on 8/23/2018. (LRH) |
| Filing 57 NOTICE of Appearance by Attorney Robert V. Cornish, Jr. on behalf of Defendants Applied Risk Services, Inc., Applied Underwriters Captive Risk Assurance Company, Inc., Applied Underwriters, Inc., Continental Indemnity Company (Cornish, Robert) |
| Filing 56 TEXT ORDER granting Motion for Admission Pro Hac Vice #55 for attorney Joanna G. Goldstein. Ordered by Deputy Clerk. (KMG) |
| Filing 55 MOTION for Admission Pro Hac Vice Filing fee $ 100, receipt number ANEDC-3747957 by Attorney Joanna G. Goldstein on behalf of Defendants Applied Risk Services, Inc., Applied Underwriters Captive Risk Assurance Company, Inc., Applied Underwriters, Inc., Continental Indemnity Company.(Goldstein, Joanna) |
| Filing 54 TEXT ORDER granting Motion for Admission Pro Hac Vice #52 for attorney Megan J. Muoio. Ordered by Deputy Clerk. (KMG) |
| Filing 53 NOTICE of Appearance by Attorney Jeffrey A. Silver on behalf of Defendants Applied Risk Services, Inc., Applied Underwriters Captive Risk Assurance Company, Inc., Applied Underwriters, Inc., Continental Indemnity Company (Silver, Jeffrey) |
| Filing 52 MOTION for Admission Pro Hac Vice Filing fee $ 100, receipt number ANEDC-3746376 by Attorney Megan J. Muoio on behalf of Plaintiff AGL Industries, Inc..(Muoio, Megan) |
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Filing 51
ORDER TO SHOW CAUSE - that on or before Wednesday, August 22, 2018, the attorney(s) listed above shall either comply with the requests set forth in the letters from the Clerk of the Court or show cause by written affidavit why they cannot comply with the rules of the Court. Failure to comply with this Order will result in Megan J. Muoio, Claire M. Hankin, Joanna G. Goldstein, Elizabeth D. Ho Sing and Thomas F. Quinn being removed as counsel of record. Ordered by Magistrate Judge Susan M. Bazis. (LKO)
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| Filing 50 CORPORATE DISCLOSURE STATEMENT pursuant to Fed. R. Civ. P. 7.1 by Attorney Nicholas J. Fortuna on behalf of Plaintiff AGL Industries, Inc..(Fortuna, Nicholas) |
| Filing 49 TEXT ORDER granting Motion for Admission Pro Hac Vice #48 for attorney Nicholas J. Fortuna. Ordered by Deputy Clerk. (KMG) |
| Filing 48 MOTION for Admission Pro Hac Vice Filing fee $ 100, receipt number ANEDC-3742651 by Attorney Nicholas J. Fortuna on behalf of Plaintiff AGL Industries, Inc..(Fortuna, Nicholas) |
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Filing 47
CASE CONFERENCE INSTRUCTIONS. ACCESS TO THE PDF DOCUMENT IS RESTRICTED TO CASE PARTICIPANTS AND THE COURT PURSUANT TO THE E-GOVERNMENT ACT AND FEDERAL RULE OF CIVIL PROCEDURE 5.2(a). Ordered by Magistrate Judge Susan M. Bazis. (LKO)
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Filing 46
TEXT ORDER: On the Court's own motion, this matter is set for a Status Conference on 8/23/2018 at 03:30 PM by telephone before Magistrate Judge Susan M. Bazis. A separate order will be entered with case conference instructions. Ordered by Magistrate Judge Susan M. Bazis. (RMW)
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Filing 45
TEXT REASSIGNMENT ORDER - It has come to this Court's attention that this matter must be reassigned, pursuant to the standing recusal list of District Judge Robert F. Rossiter, Jr. Accordingly, this case is reassigned to District Judge John M. Gerrard for disposition and remains assigned to Magistrate Judge Susan M. Bazis for judicial supervision and processing of all pretrial matters. Ordered by Chief Judge Laurie Smith Camp. (LKO)
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Filing 44
TEXT REASSIGNMENT ORDER - It has come to this Court's attention that this matter must be reassigned, pursuant to the standing recusal lists of Chief District Judge Laurie Smith Camp and Magistrate Judge Michael D. Nelson. Accordingly, this case is reassigned to District Judge Robert F. Rossiter, Jr. for disposition and to Magistrate Judge Susan M. Bazis for judicial supervision and processing of all pretrial matters. Ordered by Chief Judge Laurie Smith Camp. (LKO)
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| Filing 43 TEXT NOTICE REGARDING CORPORATE DISCLOSURE STATEMENT by Deputy Clerk as to Plaintiff AGL Industries, Inc.. Pursuant to Fed. R. Civ. P. 7.1, non-governmental corporate parties are required to file Corporate Disclosure Statements (Statements). The parties shall use the form Corporate Disclosure Statement, available on the Web site of the court at http://www.ned.uscourts.gov/forms/. If you have not filed your Statement, you must do so within 15 days of the date of this notice. If you have already filed your Statement in this case, you are reminded to file a Supplemental Statement within a reasonable time of any change in the information that the statement requires.(TCL) |
| Filing 42 ATTORNEY LETTER by Clerk that Attorney Thomas Quinn has not registered for admittance to practice or registered for the system. If the requested action is not taken within fifteen (15) days of the date of this letter, this matter will be referred to the assigned magistrate judge for the entry of a show cause order. (LKO) |
| Filing 41 ATTORNEY LETTER by Clerk that Attorney Elizabeth Ho Sing has not registered for admittance to practice or registered for the system. If the requested action is not taken within fifteen (15) days of the date of this letter, this matter will be referred to the assigned magistrate judge for the entry of a show cause order. (LKO) |
| Filing 40 ATTORNEY LETTER by Clerk that Attorney Joanna Goldstein has not registered for admittance to practice or registered for the system. If the requested action is not taken within fifteen (15) days of the date of this letter, this matter will be referred to the assigned magistrate judge for the entry of a show cause order. (LKO) |
| Filing 39 ATTORNEY LETTER by Clerk that Attorney Claire Hankin has not registered for admittance to practice or registered for the system. If the requested action is not taken within fifteen (15) days of the date of this letter, this matter will be referred to the assigned magistrate judge for the entry of a show cause order. (LKO) |
| Filing 38 ATTORNEY LETTER by Clerk that Attorney Nicholas J. Fortuna has not registered for admittance to practice or registered for the system. If the requested action is not taken within fifteen (15) days of the date of this letter, this matter will be referred to the assigned magistrate judge for the entry of a show cause order. (LKO) |
| Filing 37 ATTORNEY LETTER by Clerk that Attorney Megan Muoio has not registered for admittance to practice or registered for the system. If the requested action is not taken within fifteen (15) days of the date of this letter, this matter will be referred to the assigned magistrate judge for the entry of a show cause order. (LKO) |
| Filing 36 TEXT NOTICE OF JUDGES ASSIGNED: Chief Judge Laurie Smith Camp and Magistrate Judge Michael D. Nelson assigned. (LKO) |
| Filing 35 Case transferred in from District of New York Eastern; Case Number 1:17-cv-04179. Original electronic file received. |
| Case transferred to the United States District Court for the District of Nebraska. Original file, certified copy of transfer order, and docket sheet sent. ALL FILINGS ARE TO BE MADE IN THE TRANSFER COURT, DO NOT DOCKET TO THIS CASE. (Barrett, C) [Transferred from New York Eastern on 8/2/2018.] |
| Filing 34 Letter identifying the United States District Court for the District of Nebraska as the court for transfer pursuant to the July 19, 2018 Order of this Court by Applied Risk Services, Inc., Applied Underwriters Captive Risk Assurance Company, Inc, Applied Underwriters, Inc., Continental Indemnity Company (Goldstein, Joanna) [Transferred from New York Eastern on 8/2/2018.] |
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Filing 33
ORDER: For the reasons stated in the attached, Plaintiff's motion for preliminary injunction is denied and Defendants' motion to transfer venue is granted. The Court orders that this action be transferred to state or federal court in Nebraska, as chosen by Defendants, consistent with the forum selection clauses in the RPA and/or Note, pursuant to 28 U.S.C. 1404(a). No later than August 3, 2018, Defendants shall notify the Court in writing as to which court they wish this matter to be transferred. Following this election, the Clerk of Court respectfully is directed to transfer this action and close this case accordingly. Ordered by Judge Pamela K. Chen on 7/19/2018. (Hess, Alexandra) [Transferred from New York Eastern on 8/2/2018.]
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| Minute Entry for proceedings held before Judge Pamela K. Chen: Motion Hearing held on 7/2/2018. Appearances by Nicholas Fortuna and Megan Muoio for Plaintiff; Stuart A. Miller and Susan Karlovich for Defendants. Case called. Discussion held. For the reasons stated on the record, the Court extends the July 5, 2017 temporary restraining order until 12:01 a.m. on August 1, 2018. The Court will issue a decision on the pending motion to change venue and motion for preliminary injunction by that date. (Court Reporter Georgette Betts) (Hess, Alexandra) [Transferred from New York Eastern on 8/2/2018.] |
| Filing 32 REPLY in Opposition re Order on Motion for Pre Motion Conference, filed by Applied Risk Services, Inc., Applied Underwriters Captive Risk Assurance Company, Inc, Applied Underwriters, Inc., Continental Indemnity Company. (Attachments: #1 Exhibit A - Affirmation in Support, #2 Exhibit B - Billing Register) (Goldstein, Joanna) [Transferred from New York Eastern on 8/2/2018.] |
| Incorrect Document/Entry Information re Docket Entry #31. Filer refiled correct document in DE#32 . (Layne, Monique) [Transferred from New York Eastern on 8/2/2018.] |
| Filing 30 NOTICE of Appearance by Elizabeth Danielle Ho Sing on behalf of All Defendants (aty to be noticed) (Ho Sing, Elizabeth) [Transferred from New York Eastern on 8/2/2018.] |
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ORDER granting #29 Motion for Pre Motion Conference: A pre-motion conference shall be held on July 2, 2018 at 11:00 a.m. in Courtroom 4F North. Defendants shall respond to Plaintiff's letter by close of business tomorrow, June 29, 2018. Ordered by Judge Pamela K. Chen on 6/28/2018. (Hess, Alexandra) [Transferred from New York Eastern on 8/2/2018.]
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| Filing 29 Letter MOTION for pre motion conference by AGL Industries, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B) (Fortuna, Nicholas) [Transferred from New York Eastern on 8/2/2018.] |
| Filing 28 NOTICE by Applied Risk Services, Inc., Applied Underwriters Captive Risk Assurance Company, Inc, Applied Underwriters, Inc., Continental Indemnity Company to remove Claire Hankin from the docket as counsel in this case (Goldstein, Joanna)[Transferred from New York Eastern on 8/2/2018.] |
| Filing 27 NOTICE of Appearance by Joanna Garelick Goldstein on behalf of All Defendants (aty to be noticed) (Goldstein, Joanna) [Transferred from New York Eastern on 8/2/2018.] |
| Filing 26 NOTICE of Change of Law Firm info for this attorney by Joanna Garelick Goldstein (Goldstein, Joanna) [Transferred from New York Eastern on 8/2/2018.] |
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ORDER REFERRING MOTION: Defendants' Motion to Change Venue #20 is respectfully referred to the Honorable Ramon E. Reyes, Jr. Ordered by Judge Pamela K. Chen on 2/16/2018. (Hess, Alexandra) [Transferred from New York Eastern on 8/2/2018.]
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| Filing 25 REPLY in Support re #20 Notice of MOTION to Change Venue Pursuant to Forum Selection Clauses filed by Applied Risk Services, Inc., Applied Underwriters Captive Risk Assurance Company, Inc, Applied Underwriters, Inc., Continental Indemnity Company. (Hankin, Claire) [Transferred from New York Eastern on 8/2/2018.] |
| Filing 24 MEMORANDUM in Opposition re #20 Notice of MOTION to Change Venue Pursuant to Forum Selection Clauses filed by AGL Industries, Inc.. (Muoio, Megan) [Transferred from New York Eastern on 8/2/2018.] |
| Filing 23 AFFIDAVIT/DECLARATION in Opposition re #20 Notice of MOTION to Change Venue Pursuant to Forum Selection Clauses Certification of Megan J. Muoio filed by AGL Industries, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R) (Muoio, Megan) [Transferred from New York Eastern on 8/2/2018.] |
| Filing 22 AFFIDAVIT/DECLARATION in Support re #20 Notice of MOTION to Change Venue Pursuant to Forum Selection Clauses filed by Applied Risk Services, Inc., Applied Underwriters Captive Risk Assurance Company, Inc, Applied Underwriters, Inc., Continental Indemnity Company. (Attachments: #1 Exhibit 1 - Complaint, #2 Exhibit 2 - RPA, #3 Exhibit 3 - Promissory Note, #4 Exhibit 4 - Proposal, #5 Exhibit 5 - Summary, #6 Exhibit 6 - 2016 Policy, #7 Exhibit 7 - 2017 Policy, #8 Exhibit 8 - Notice of Cancellation, #9 Exhibit 9 - OSC w TRO, #10 Exhibit 10 - T. Koch Affidavit) (Hankin, Claire) [Transferred from New York Eastern on 8/2/2018.] |
| Filing 21 MEMORANDUM in Support re #20 Notice of MOTION to Change Venue Pursuant to Forum Selection Clauses filed by Applied Risk Services, Inc., Applied Underwriters Captive Risk Assurance Company, Inc, Applied Underwriters, Inc., Continental Indemnity Company. (Hankin, Claire) [Transferred from New York Eastern on 8/2/2018.] |
| Filing 20 Notice of MOTION to Change Venue Pursuant to Forum Selection Clauses by Applied Risk Services, Inc., Applied Underwriters Captive Risk Assurance Company, Inc, Applied Underwriters, Inc., Continental Indemnity Company. (Hankin, Claire) [Transferred from New York Eastern on 8/2/2018.] |
| Filing 19 Letter Indicating Service of Opposition to Motion to Transfer Venue on 1/19/18 by AGL Industries, Inc. (Muoio, Megan) [Transferred from New York Eastern on 8/2/2018.] |
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ORDER: Plaintiff has failed to file a letter on the docket indicating that it served its opposition on 1/19/18. Plaintiff must do so by the close of business today. Ordered by Judge Pamela K. Chen on 1/22/2018. (Hess, Alexandra) [Transferred from New York Eastern on 8/2/2018.]
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ORDER: Plaintiff's motion #18 for an extension of time is denied. Ordered by Judge Pamela K. Chen on 1/18/18. (Hess, Alexandra) [Transferred from New York Eastern on 8/2/2018.]
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| Filing 18 MOTION for Extension of Time to File Response/Reply on Consent of All Parties by AGL Industries, Inc.. (Muoio, Megan) [Transferred from New York Eastern on 8/2/2018.] |
| Motions terminated, docketed incorrectly: #16 Notice of MOTION to Change Venue under 28 USC 1404 and for Bond filed by Applied Underwriters, Inc., Applied Risk Services, Inc., Continental Indemnity Company, Applied Underwriters Captive Risk Assurance Company, Inc. This is not a motion; it is a cover letter. No further action needed. Do not re-file this document. (Abdallah, Fida) [Transferred from New York Eastern on 8/2/2018.] |
| Filing 17 Joint MOTION for Extension of Time to File Response/Reply to Motion to Transfer Venue by AGL Industries, Inc.. (Muoio, Megan) [Transferred from New York Eastern on 8/2/2018.] |
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ORDER: The parties' third joint motion #17 for an extension of time to file their motion to transfer venue is granted. No further extensions will be granted. Plaintiff shall serve its opposition by January 19, 2018; and Defendants' reply, if any, is due by February 12, 2018. Ordered by Judge Pamela K. Chen on 1/2/2018. (Hess, Alexandra) [Transferred from New York Eastern on 8/2/2018.]
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| Filing 16 Notice of MOTION to Change Venue under 28 USC 1404 and for Bond by Applied Risk Services, Inc., Applied Underwriters Captive Risk Assurance Company, Inc, Applied Underwriters, Inc., Continental Indemnity Company. (Quinn, Thomas) [Transferred from New York Eastern on 8/2/2018.] |
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ORDER granting #15 Motion for Extension of Time to File: The parties' second joint motion for an extension of time to file their motion to transfer venue is granted. Defendants shall serve their motion to transfer venue on or before November 20, 2017; Plaintiff shall serve its opposition by January 5, 2018; and Defendants' reply, if any, is due by January 29, 2018. Ordered by Judge Pamela K. Chen on 11/14/2017. (Hess, Alexandra) [Transferred from New York Eastern on 8/2/2018.]
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| Filing 15 Joint MOTION for Extension of Time to File Motion to Transfer Venue by Applied Risk Services, Inc., Applied Underwriters Captive Risk Assurance Company, Inc, Applied Underwriters, Inc., Continental Indemnity Company. (Hankin, Claire) [Transferred from New York Eastern on 8/2/2018.] |
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ORDER: The Court grants the Parties' Motion #14 for Extension of Time. The Court orders the following briefing schedule for Defendants' motion to transfer venue: Defendants shall serve their motion to transfer venue by 11/13/2017; Plaintiff shall serve its opposition by 12/18/2017; and Defendants shall serve its reply by 01/12/2018. As a courtesy to the Court, the parties are encouraged to not file their motion papers until the motion is fully briefed. If the parties follow this practice, the motion and all supporting papers are to be served on the other parties along with a cover letter setting forth whom the movant represents and the papers being served. Only a copy of the cover letter should be filed electronically, as a letter, not as a motion. On the day the motion is fully briefed, in this case January 12, 2018, each party shall electronically file its moving papers, and provide one (1) courtesy copy of their entire submission(s) to the Court. Ordered by Judge Pamela K. Chen on 10/30/2017. (Hess, Alexandra) [Transferred from New York Eastern on 8/2/2018.]
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| Filing 14 Joint MOTION for Extension of Time to File Motion to Transfer Venue by Applied Risk Services, Inc., Applied Underwriters Captive Risk Assurance Company, Inc, Applied Underwriters, Inc., Continental Indemnity Company. (Hankin, Claire) [Transferred from New York Eastern on 8/2/2018.] |
| Minute Entry for proceedings held before Judge Pamela K. Chen: Pre Motion Conference held on 9/21/2017. Appearances by Nicholas Fortuna and Megan Muoia for Plaintiff; Thomas Quinn and Claire Hankin for Defendants. Discussion held. The Court set the following deadlines: By November 6, 2017, Defendants shall serve their motion to transfer venue; by December 11, 2017, Plaintiff shall serve its opposition; and by January 5, 2018, Defendants shall serve and file their reply. As a courtesy to the Court, the parties are encouraged to not file their motion papers until the motion is fully briefed. If the parties follow this practice, the motion and all supporting papers are to be served on the other parties along with a cover letter setting forth whom the movant represents and the papers being served. Only a copy of the cover letter should be filed electronically, as a letter, not as a motion. On the day the motion is fully briefed, in this case January 5, 2018, each party shall electronically file its moving papers, and provide one (1) courtesy copy of their entire submission(s) to the Court. (Court Reporter Sophie Nolan.) (Lee, Helen) [Transferred from New York Eastern on 8/2/2018.] |
| Filing 13 NOTICE of Appearance by Thomas F. Quinn on behalf of Applied Risk Services, Inc., Applied Underwriters Captive Risk Assurance Company, Inc, Applied Underwriters, Inc., Continental Indemnity Company (notification declined or already on case) (Quinn, Thomas) [Transferred from New York Eastern on 8/2/2018.] |
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ORDER granting #12 Motion for Thomas F. Quinn Leave to Appear Pro Hac Vice. The attorney shall register for ECF, registration is available online at the NYEDs homepage. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure that the 150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee . Ordered by Magistrate Judge Ramon E. Reyes, Jr on 9/11/2017. (Vertus, Miriam) [Transferred from New York Eastern on 8/2/2018.]
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| Filing 12 MOTION for Leave to Appear Pro Hac Vice by Thomas F. Quinn Filing fee $ 150, receipt number 0207-9814630. by Applied Risk Services, Inc., Applied Underwriters Captive Risk Assurance Company, Inc, Applied Underwriters, Inc., Continental Indemnity Company. (Attachments: #1 Affidavit of Thomas Quinn in Support, #2 Exhibit Certificate of Good Standing, #3 Proposed Order) (Quinn, Thomas) [Transferred from New York Eastern on 8/2/2018.] |
| Filing 11 REPLY in Support of Plaintiff's Order to Show Cause for a Preliminary Injunction, Reply Affidavit of Dominick LoFaso filed by AGL Industries, Inc.. (Attachments: #1 Exhibit A to the LoFaso Reply Affidavit, #2 Exhibit B to the LoFaso Reply Affidavit, #3 Reply Affirmation of Chaim Goldberger, #4 Memorandum in Support Reply Memorandum of Law) (Muoio, Megan) [Transferred from New York Eastern on 8/2/2018.] |
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SCHEDULING ORDER: A pre-motion conference shall be held on September 21, 2017, at 2:00 p.m. in Courtroom 4F North before Judge Pamela K. Chen. Ordered by Judge Pamela K. Chen on 8/25/2017. (Lee, Helen) [Transferred from New York Eastern on 8/2/2018.]
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| Filing 10 RESPONSE to Motion re #8 Letter MOTION for pre motion conference For Leave to File Motion to Dismiss or Transfer Venue Under 28 USC 1404 filed by All Plaintiffs. (Muoio, Megan) [Transferred from New York Eastern on 8/2/2018.] |
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ORDER: Pursuant to Individual Rule 3(a), "Except for pro se litigants, all parties served [with a letter motion requesting a pre-motion conference] shall serve and file a letter response, not to exceed three (3) pages within seven (7) days from service of the notification letter." By August 23, 2017, Plaintiff shall file a reply to Defendants' #8 motion for a pre-motion conference. Ordered by Judge Pamela K. Chen on 8/18/2017. (Lee, Helen) [Transferred from New York Eastern on 8/2/2018.]
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| Filing 9 RESPONSE TO ORDER TO SHOW CAUSE by Applied Risk Services, Inc., Applied Underwriters Captive Risk Assurance Company, Inc, Applied Underwriters, Inc., Continental Indemnity Company, AFFIDAVIT/AFFIRMATION of Travis J. Koch in Opposition to Plaintiff's Order to Show Cause by Applied Risk Services, Inc., Applied Underwriters Captive Risk Assurance Company, Inc, Applied Underwriters, Inc., Continental Indemnity Company (Attachments: #1 Exhibit 1 - Iowa Division Report of CNI Exam, #2 Exhibit 2 - Program Proposal & Rate Quotation, #3 Exhibit 3 - Program Summary & Scenarios, #4 Exhibit 4 - R2B, #5 Exhibit 5 - 2016 CNI Policy, #6 Exhibit 6 - 2017 CNI Policy, #7 Exhibit 7 - Pooling Agreement, #8 Exhibit 8 - Reinsurance Treaty, #9 Exhibit 9 - Iowa Division Report of AUCRA Exam, #10 Exhibit 10 - NY WC Board Report of Employer Coverage, #11 Exhibit 11 - RPA, #12 Exhibit 12- April 2017 Plan Analysis, #13 Exhibit 13 - Promissory Note, #14 Exhibit 14 - May 2017 Plan Analysis, #15 Exhibit 15 - June 15, 2017 Notice of Cancellation, #16 Exhibit 16 - July 8, 2017 Program Statement, #17 Exhibit 17 - NY WC Ins Cos, #18 Memorandum in Opposition to Plaintiff's Order to Show Cause) (Hankin, Claire) [Transferred from New York Eastern on 8/2/2018.] |
| Filing 8 Letter MOTION for pre motion conference For Leave to File Motion to Dismiss or Transfer Venue Under 28 USC 1404 by Applied Risk Services, Inc., Applied Underwriters Captive Risk Assurance Company, Inc, Applied Underwriters, Inc., Continental Indemnity Company. (Hankin, Claire) [Transferred from New York Eastern on 8/2/2018.] |
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ORDER: The #7 Stipulation and Order Setting the Briefing Schedule and Extending Time to Answer the Complaint is So Ordered. Plaintiff shall submit, by August 4, 2017, a courtesy copy of the signed order to show cause and the full motion papers with tabulated exhibits (i.e. Dkt. 1-4) with ECF numbering appearing at the top of the page--in compliance with Section 1.D of this Court's Individual Rules. Ordered by Judge Pamela K. Chen on 7/20/2017. (Lee, Helen) [Transferred from New York Eastern on 8/2/2018.]
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| Filing 7 Letter MOTION for Extension of Time to File Answer to the Verified Complaint, Joint MOTION for Extension of Time to File Response/Reply to the Order to Show Cause by Applied Risk Services, Inc., Applied Underwriters Captive Risk Assurance Company, Inc, Applied Underwriters, Inc., Continental Indemnity Company. (Hankin, Claire) [Transferred from New York Eastern on 8/2/2018.] |
| Filing 6 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) [Transferred from New York Eastern on 8/2/2018.] |
| Filing 5 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla) [Transferred from New York Eastern on 8/2/2018.] |
| Filing 4 AFFIDAVIT of Service for Notice of Removal with attached Exhibits 1-4 served on Plaintiff, AGL Industries, Inc. on 7/17/2017, filed by Applied Risk Services, Inc., Applied Underwriters Captive Risk Assurance Company, Inc, Applied Underwriters, Inc., Continental Indemnity Company. (Hankin, Claire) [Transferred from New York Eastern on 8/2/2018.] |
| Filing 3 CERTIFICATE OF SERVICE by Applied Risk Services, Inc., Applied Underwriters Captive Risk Assurance Company, Inc, Applied Underwriters, Inc., Continental Indemnity Company of Notice of Filing of Notice of Removal with Exhibit 1 and a copy of the NYSCEF Docket served on County Clerk, Queens County Supreme Court on 7/13/2017 (Hankin, Claire) [Transferred from New York Eastern on 8/2/2018.] |
| Case assigned to Judge Pamela K. Chen and Magistrate Judge Ramon E. Reyes, Jr. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Bowens, Priscilla) [Transferred from New York Eastern on 8/2/2018.] |
| Filing 2 Corporate Disclosure Statement by Applied Risk Services, Inc., Applied Underwriters Captive Risk Assurance Company, Inc, Applied Underwriters, Inc., Continental Indemnity Company identifying Corporate Parent Berkshire Hathaway, Inc. for Applied Risk Services, Inc., Applied Underwriters Captive Risk Assurance Company, Inc, Applied Underwriters, Inc., Continental Indemnity Company. (Hankin, Claire) [Transferred from New York Eastern on 8/2/2018.] |
| Filing 1 NOTICE OF REMOVAL by Applied Risk Services, Inc., Applied Underwriters Captive Risk Assurance Company, Inc, Applied Underwriters, Inc., Continental Indemnity Company ( Filing fee $ 400 receipt number 0207-9678411) (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1 - Summons and Complaint, #3 Exhibit 2 - State Court Affidvaits of Service, #4 Exhibit 3 - Order to Show Cause, #5 Exhibit 4 - State Court Order dated June 30, 2017) (Hankin, Claire) [Transferred from New York Eastern on 8/2/2018.] |
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