Vermont Mutual Insurance Company et al v. Generali U.S. Branch et al
| Ralph W. Cronin, Jr. and Vermont Mutual Insurance Company |
| Generali U.S. Branch |
| 1:2023cv00559 |
| December 27, 2023 |
| US District Court for the District of New Hampshire |
| Andrea K Johnstone |
| Joseph N Laplante |
| Insurance |
| 28 U.S.C. § 1441 Petition for Removal- Insurance Contract |
| None |
Docket Report
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This docket was last retrieved on February 23, 2024. A more recent docket listing may be available from PACER.
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Filing 16
ORDER approving (with changes) #15 Proposed Discovery Plan. Length of Trial 1 day. Case Track: Expedited. So Ordered by Judge Joseph N. Laplante. Dispositive Motion Filing Deadline 3/1/2024. Amendment of Pleadings set for 3/1/2024. Summary Judgment Motions due by 3/25/2024. Objections due 4/19/2024. Reply due 5/3/2024. Bench trial to be set two (2) calendar months (60 days) from issuance of summary judgment order, if necessary.(jb)
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| Minute Entry for proceedings held before Judge Joseph N. Laplante. PRETRIAL CONFERENCE held via video-conference on 2/16/2024. Order to issue. (Pltfs Atty: Gary M. Burt) (Defts Atty: Howard M. Wollitz, Laura M. Gregory)(Total Hearing Time: 11 minutes) (jb) |
| RESCHEDULING NOTICE OF PRETRIAL CONFERENCE. Pretrial Conference via video-conference reset for 2/16/2024 at 03:00 PM (from 2/9/2024) before Judge Joseph N. Laplante. The preliminary pretrial conference will not be canceled and at least one counsel for each party will be required to attend. While not mandatory, the court prefers that the Joint Discovery Plan filed in accordance with Fed. R. Civ. P. 26(f) specify a summary judgment deadline which falls after the close of discovery, but at least 120 days before trial. Please note pursuant to Title 28 USC 636(c) and Local Rule 73.1, the parties may consent to have the case reassigned to the Magistrate Judge, but are free to withhold consent without adverse consequences.(jb) |
| Case reassigned to Judge Joseph N. Laplante and US Magistrate Judge Andrea K Johnstone. Reason for Reassignment: No Consent to Jurisdiction by U.S. Magistrate Judge.. The new case designation is: 1:23-cv-559-JL-AJ. Please show this number with the correct judge designation on all further pleadings. (bd) |
| Filing 15 Proposed Discovery Plan filed by Generali U.S. Branch. In cases assigned to the Magistrate Judge, plaintiff, or the removing defendant if the case was initiated by a Notice of Removal, is responsible for filing a consent form on or before the deadline for filing the Discovery Plan using the Other Documents/Magistrate Judge Assignment--Consent/Objection event.(Gregory, Laura) |
| Filing 14 NOTICE of Assignment to United States Magistrate Judge and Consent Form by Generali U.S. Branch.(Gregory, Laura) |
| Clerk's Notice - No Proposed Discovery Plan Filed. The parties are directed to file a proposed discovery plan within 24 hours of this notice. Follow up on Discovery Plan 2/6/2024. (bd) |
| Filing 13 Answer to Counterclaim re #11 Answer to Amended Complaint, Counterclaim by Ralph W. Cronin, Jr, Vermont Mutual Insurance Company.(Burt, Gary) Modified on 2/6/2024 to modify Reply to Answer (jb). |
| Filing 12 NOTICE of Attorney Appearance by Howard N. Wollitz on behalf of Generali U.S. Branch Attorney Howard N. Wollitz added to party Generali U.S. Branch(pty:dft).(Wollitz, Howard) |
| Filing 11 ANSWER to #10 Amended Complaint , COUNTERCLAIM against All Plaintiffs filed by Generali U.S. Branch. (Attachments: #1 Exhibit A - Amended Complaint, #2 Exhibit B - Generali Policy, #3 Exhibit C - Vermont Mutual Policy)(Gregory, Laura) Modified on 2/6/2024 to add exhibit descriptions: (jb). |
| Filing 10 AMENDED COMPLAINT against Generali U.S. Branch filed by Ralph W. Cronin, Jr, Vermont Mutual Insurance Company.(Burt, Gary) |
| Filing 9 Certified Copies of State Court Record. State Court Case No. 212-2023-CV-00189, Carroll County Superior Court (Attachments: #1 Complaint, #2 Notice of Removal, #3 Summons, #4 Acceptance of Service, #5 Amended Notice of Removal)(Gregory, Laura) |
| Filing 8 Assented to MOTION to Amend #1 Notice of Removal - New Case, Petition for Declaratory Judgment filed by Ralph W. Cronin, Jr, Vermont Mutual Insurance Company. (Attachments: #1 Exhibit First Amended Petition for Declaratory Judgment)(Burt, Gary) |
| ENDORSED ORDER granting: #8 Assented to MOTION to Amend. Text of Order: Granted. Within 48 hours counsel shall electronically refile the pleading attached to the Motion to Amend using the appropriate event in CM/ECF. So Ordered by US Magistrate Judge Andrea K Johnstone. (bd) |
| NOTICE OF PRETRIAL CONFERENCE. Pretrial Conference set for 2/9/2024 10:00 AM before US Magistrate Judge Andrea K Johnstone. Follow up on Discovery Plan 2/2/2024. If no consent form has been filed, a consent form is due on or before the deadline for filing the discovery plan. (bd) |
| Filing 7 Disclosure Statement by Vermont Mutual Insurance Company disclosing no parent company, no publicly traded company, and no merger agreement. (Burt, Gary) |
| NOTICE re #1 Notice of Removal - New Case, filed by Vermont Mutual Insurance Company. LR 7.1.1. In removal actions, a nongovernmental corporate plaintiff, partnership plaintiff, or LLC plaintiff must file a disclosure statement within twenty-one (21) days from the date the notice of removal is filed or with its first appearance, pleading, petition, motion, response, objection, or request, whichever is filed sooner. File Disclosure Statement using the Other Documents/Disclosure Statement event. Vermont Mutual Insurance Company shall file a disclosure statement by January 25, 2024. Disclosure Statement due 1/25/2024. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(mc) |
| NOTICE. This case has been designated for Electronic Case Filing. All further submissions shall be filed in compliance with the Administrative Procedures for Electronic Case Filing. Pro se litigants are not required to file electronically and may continue to file documents in paper format. Persons filing electronically are strongly encouraged to complete the interactive training modules available on the courts website. To access these modules, click #HERE. Pursuant to Local Rule 81.1(a) and (b), answers and motions filed in the state court will not be considered unless refiled in this court. Please note that all filings in this District must comply with Local Rule 7. The Local Rules and Administrative Procedures for ECF can be downloaded from our website #HERE.(mc) |
| ENDORSED ORDER granting: #2 MOTION for Howard N. Wollitz to Appear Pro Hac Vice. Text of Order: Granted. Local counsel shall comply with all obligations required by L.R. 83.2(b) absent order of the court. So Ordered by US Magistrate Judge Andrea K Johnstone.The clerk's office will provide the admitted attorney with instructions on how to obtain access to electronic filing by separate email. The admitted attorney must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of New Hampshire. After obtaining e-filing access, the admitted attorney must file an appearance to begin receiving electronic notices. (bd) |
| Filing 5 ANSWER to #1 Notice of Removal - New Case, by Generali U.S. Branch. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Gregory, Laura) |
| Filing 4 Disclosure Statement by Generali U.S. Branch disclosing a parent company, and no merger agreement. (Gregory, Laura). |
| Filing 3 Diversity of Citizenship Disclosure Statement by Generali U.S. Branch identifying the citizenship of every individual or entity whose citizenship is attributed to them. (Gregory, Laura) |
| Filing 2 MOTION for Howard N. Wollitz to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-2461170.) filed by Generali U.S. Branch.Follow up on Objection on 1/17/2024. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: #1 Affidavit)(Gregory, Laura) |
| Filing 6 NOTICE of Assignment to U.S. Magistrate Judge and Consent Form sent to all parties. MJ Consent Form Due 2/15/2024. (mc) |
| Case assigned to US Magistrate Judge Andrea K Johnstone. The case designation is: 1:23-cv-559-AJ. Please show this number with the judge designation on all future pleadings. (mc) |
| Filing 1 NOTICE OF REMOVAL with Jury Demand from Carroll County Superior Court, case number 212-2023-CV-00189 (filing fee $405, receipt number ANHDC-2459093) filed by Vermont Mutual Insurance Company. Answer Follow Up on 1/17/2024. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). State Court Record Follow Up 1/10/2024. (Attachments: #1 Civil Cover Sheet, #2 Exhibit Summons in a Civil Action, #3 Exhibit - Acceptance of Service)(Gregory, Laura) Modified on 2/6/2024 to add exhibit descriptions: (jb). |
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