KELLEY v. MASSACHUSETTS BAY INSURANCE CO.
| Kathleen Kelley and KATHLEEN M. KELLEY |
| THE HANOVER INSURANCE GROUP, INC. and MASSACHUSETTS BAY INSURANCE COMPANY |
| 1:2019cv19037 |
| October 16, 2019 |
| US District Court for the District of New Jersey |
| Renee Marie Bumb |
| Karen M Williams |
| Insurance |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 13, 2020. A more recent docket listing may be available from PACER.
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| Filing 19 Joint Discovery Plan by KATHLEEN M. KELLEY.(DOOLEY, SARAH) |
Filing 18
Order Initial Conference set for 3/5/2020 at 10:30 AM in Room 2040 before Magistrate Judge Karen M. Williams. Signed by Magistrate Judge Karen M. Williams on 2/5/2020. (dmr)
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| Filing 17 ANSWER to Complaint and Affirmative Defenses by MASSACHUSETTS BAY INSURANCE COMPANY.(BERGER, MARNI) |
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Filing 16
STIPULATION AND CONSENT ORDER to Dismiss Without Prejudice the Request for Punitive Damages at Count One of the Complaint and to Server and Stay the Underinsured Motorist Benefits and Bad Faith Claims. Signed by Judge Renee Marie Bumb on 1/24/2020. (dmr)
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| Filing 15 STIPULATION AND CONSENT ORDER TO DISMISS, WITHOUT PREJUDICE, THE REQUEST FOR PUNITIVE DAMAGES AT COUNT ONE OF THE COMPLAINT AND TO SEVER AND STAY THE UNDERINSURED MOTORIST BENEFITS AND BAD FAITH CLAIMS by MASSACHUSETTS BAY INSURANCE COMPANY. (BERGER, MARNI) |
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Filing 14
TEXT ORDER This matter comes before the Court upon Defendant Massachusetts Bay Insurance Company's pre-motion letter, regarding a proposed motion to dismiss the Complaint [Dkt. No. 10]. After reviewing the response from Plaintiff Kathleen Kelley [Dkt. No. 13], the Court finds that a pre-motion conference would not be productive at this time. Instead, the parties are ORDERED to confer with each other, within fourteen (14) days of this Order, to determine whether Plaintiff wishes to file an amended complaint to address Defendant's argument that Plaintiffs Complaint "lacks the factual specificity required" to survive a motion to dismiss. If, after conferring with Defendant, Plaintiff chooses not to file an amended complaint, Defendant may proceed with its proposed motion to dismiss. Additionally, the parties are ORDERED to jointly file a stipulation, within fourteen (14) days of this Order, consenting to a severance and stay of Plaintiffs bad faith claim. So Ordered by Judge Renee Marie Bumb on 01/08/2020. (Costigan, Roberta)
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| Filing 13 Letter from Ken Fulginiti, Esquire. (FULGINITI, KENNETH) |
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Filing 12
TEXT ORDER This matter comes before the Court upon Defendant Massachusetts Bay Insurance Company`s letter [Dkt. No. 10], filed in compliance with Section I.A of this Court's Individual Rules & Procedures, seeking a pre-motion conference regarding Defendant's proposed motion to dismiss. In response, Plaintiff Kathleen Kelley refers to Defendant's letter as one ``which purports to be a `Request for a Pre-motion Conference``` and states that she sees ``no reason to burden the Court with a response to this letter.`` [Dkt. No. 11]. Clearly, Plaintiff's Counsel is unaware that this Court's Individual Rules & Procedures REQUIRE that before filing a motion to dismiss, a party must ``submit a letter, not to exceed three (3) single-spaced pages, requesting a pre-motion conference which ``set[s] forth the basis for the anticipated motion and include[s] citations to relevant authority.`` Reciprocally, this Court's Individual Rules state that ``all adversaries must submit a written response, not to exceed three (3) single spaced pages`` within five (5) business days. Although Defendant's pre-motion letter exceeds this Court's three-page limit, that is no excuse for Plaintiff's response. Plaintiff is expected to comply with this Court's Individual Rules & Procedures and submit a response letter by the deadline set forth therein, which would be this Wednesday, December 11th. So Ordered by Judge Renee Marie Bumb on 12/09/2019. (Costigan, Roberta)
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| Filing 11 Letter from Ken Fulginiti. (FULGINITI, KENNETH) |
| Filing 10 Letter from counsel for Defendant Massachusetts Bay Insurance Company requesting Pre-Motion Conference. (BERGER, MARNI) |
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Filing 9
CONSENT ORDER AND STIPULATION TO DISMISS THE HANOVER INSURANCE GROUP. INC. AS DEFENDANT AND SUBSTITUTE MASSACHUSETTS BAY INSURANCE COMPANY AS DEFENDANT. Signed by Judge Renee Marie Bumb on 11/7/2019. (rss, )
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| Filing 8 Corporate Disclosure Statement by THE HANOVER INSURANCE GROUP, INC.. (BERGER, MARNI) |
| Filing 7 STIPULATION AND CONSENT ORDER TO DISMISS "THE HANOVER INSURANCE GROUP, INC." AS DEFENDANT AND SUBSTITUTE "MASSACHUSETTS BAY INSURANCE COMPANY" AS DEFENDANT by THE HANOVER INSURANCE GROUP, INC.. (BERGER, MARNI) |
| Filing 6 NOTICE of Appearance by MARNI SABRINA BERGER on behalf of THE HANOVER INSURANCE GROUP, INC. (BERGER, MARNI) |
| Filing 5 WAIVER OF SERVICE Returned Executed by KATHLEEN M. KELLEY. THE HANOVER INSURANCE GROUP, INC. waiver sent on 10/28/2019, answer due 12/27/2019. (DOOLEY, SARAH) |
| Filing 4 AFFIDAVIT of Service for Complaint served on The Hanover Insurance Group, Inc. on 10/19/2019, filed by KATHLEEN M. KELLEY. (DOOLEY, SARAH) |
| Filing 3 NOTICE of Appearance by SARAH FILIPPI DOOLEY on behalf of KATHLEEN M. KELLEY (DOOLEY, SARAH) |
| Filing 2 SUMMONS ISSUED as to THE HANOVER INSURANCE GROUP, INC.. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. (ssp, ) |
| Notice of Judicial Preferences. #Click here for the Judge's Individual Procedure Requirements. (ssp, ) |
| CLERK'S QUALITY CONTROL MESSAGE - The case you electronically filed has been processed, however, the following deficiencies were found: Caption,Jurisdiction,Party Information, . The Clerk's Office has made the appropriate changes. Please refer to the Attorney Case Opening Guide for processing electronically filed cases. (ssp, ) |
| CASE REFERRED to Arbitration. (ssp, ) |
| Judge Renee Marie Bumb and Magistrate Judge Karen M. Williams added. (dd, ) |
| Filing 1 COMPLAINT against THE HANOVER INSURANCE GROUP, INC. ( Filing and Admin fee $ 400 receipt number 0312-10039701) with JURY DEMAND, filed by Kathleen Kelley. (Attachments: #1 Exhibit Exhibits 1 to 5, #2 Exhibit Exhibits 6 to 12)(FULGINITI, KENNETH) |
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