PROGRESSIVE CASUALTY INSURANCE COMPANY v. MACK FREIGHT SERVICE, INC. et al
| PROGRESSIVE CASUALTY INSURANCE COMPANY |
| MACK FREIGHT SERVICE, INC., BF TRANSPORT, INC., BLADIMIR FERMIN CABRERA, JUNIOR SMITH, MICHELLE BLAIR SMITH, ABC INSURANCE COMPANIES 1-10, DEF CORPS. 1-10, JOHN DOES 1-10, Stetin Trucking Co., Inc. and United Specialty Insurance Company |
| STATE NATIONAL SPECIALTY INSURANCE COMPANY |
| 2:2022cv01707 |
| March 25, 2022 |
| US District Court for the District of New Jersey |
| Jessica S Allen |
| Susan D Wigenton |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Declaratory Judgment |
| Defendant |
Docket Report
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This docket was last retrieved on October 12, 2023. A more recent docket listing may be available from PACER.
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Filing 70
LETTER ORDER extending fact discovery. Telephone Status Conference set for 1/12/2024 at 09:30 AM before Magistrate Judge Jessica S. Allen. The Court will circulate the connection information in advance. Fact Discovery due by 2/15/2024.. Signed by Magistrate Judge Jessica S. Allen on 10/12/2023. (ld, )
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Filing 69
CONSENT ORDER that any entry of default against defendant, UNITED SPECIALTY INSURANCE COMPANY, be and is hereby vacated; that defendant UNITED SPECIALTY INSURANCE COMPANY's answer filed on October 3, 2023, is deemed filed; that a copy of this Order shall be deemed served on all counsel via PACER as of the receipt hereof. Signed by Magistrate Judge Jessica S. Allen on 10/11/2023. (ld, )
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| Filing 68 Letter from Vanessa L. Koppel re: Joint Request for Extension of Fact Discovery. (KOPPEL, VANESSA) |
| Filing 67 Application and Proposed Order for Clerk's Order to extend time to answer. (TAMBASCIA, JOHN) |
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Filing 66
TEXT ORDER: As per the Telephone Status Conference held on 9/14/23 and this Court's Text Order entered on the same date, (ECF No. 64), the parties were directed to, among other things, submit a proposed Consent Order Vacating Default on or before 9/21/23 and a joint letter by 10/2/23, requesting any proposed modifications to the current discovery deadlines. To date, the parties have not so complied. They are directed to submit those filings by 10/10/23. So Ordered by Magistrate Judge Jessica S. Allen on 10/5/23. (jbb)
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| Filing 65 ANSWER to Amended Complaint , CROSSCLAIM against ABC INSURANCE COMPANIES 1-10, BF TRANSPORT, INC., BLADIMIR FERMIN CABRERA, DEF CORPS. 1-10, JOHN DOES 1-10, MACK FREIGHT SERVICE, INC., JUNIOR SMITH, MICHELLE BLAIR SMITH, STATE NATIONAL SPECIALTY INSURANCE COMPANY, Stetin Trucking Co., Inc. by United Specialty Insurance Company. (Attachments: #1 Exhibit Consent Order, #2 Exhibit Correspondence)(TAMBASCIA, JOHN) |
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Filing 64
TEXT ORDER: As per today's Telephone Status Conference and the parties' joint status letter of 9/8/23, (ECF No. 61), Plaintiff and Defendant United Specialty Insurance ("United") shall submit a proposed Consent Order Vacating Default on or before 9/21/23. United shall file an answer to the Complaint on or before 9/29/23 and serve Rule 26 initial disclosures on or before 10/25/23. The parties shall meet and confer and then submit a joint letter on or before 10/2/23 with any proposed modifications to the current discovery deadlines. So Ordered by Magistrate Judge Jessica S. Allen on 9/14/23. (jbb)
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| Filing 63 NOTICE of Appearance by JOHN J. TAMBASCIA on behalf of United Specialty Insurance Company (TAMBASCIA, JOHN) |
| Minute Entry for proceedings held before Magistrate Judge Jessica S. Allen: Telephone Status Conference held on 9/14/2023. (Court Reporter: None) (jbb) |
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Filing 62
TEXT ORDER: Upon review of Plaintiff's counsel's letter of 9/8/23, (ECF No. 61), the Telephone Status Conference scheduled for 9/14/23 at 3:30 p.m. shall proceed as scheduled. The Court will provide the Conference Call information in advance. So Ordered by Magistrate Judge Jessica S. Allen on 9/11/23. (jbb)
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| Filing 61 Letter from Vanessa L. Koppel, Esq.. (KOPPEL, VANESSA) |
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Filing 60
LETTER ORDER granting #59 request to reschedule the Telephone Status Conference. Telephone Status Conference rescheduled for 9/14/2023 at 03:30 PM before Magistrate Judge Jessica S. Allen.. Signed by Magistrate Judge Jessica S. Allen on 7/20/2023. (ld, )
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| Filing 59 Letter from Vanessa L. Koppel, Esq. regarding status conference scheduled. for 7/21/23. (KOPPEL, VANESSA) |
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Filing 58
PRETRIAL SCHEDULING ORDER: Telephone Status Conference set for 7/21/2023 at 09:30 AM before Magistrate Judge Jessica S. Allen. Amended Pleadings due by 8/15/2023. Fact Discovery due by 11/30/2023. Joinder of Parties due by 8/15/2023.. Signed by Magistrate Judge Jessica S. Allen on 5/23/2023. (ld, )
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| Minute Entry for proceedings held before Magistrate Judge Jessica S. Allen: Zoom Initial Pretrial Conference held on 5/23/2023. (Court Reporter: None) (jbb) |
| Filing 57 Joint Discovery Plan by PROGRESSIVE CASUALTY INSURANCE COMPANY.(KOPPEL, VANESSA) |
| Filing 56 Request for Default by PROGRESSIVE CASUALTY INSURANCE COMPANY against Mack Freight Service, Inc.. (Attachments: #1 Certification In Support of Request for Entry of Default Against Mack Freight Service, Inc.)(KOPPEL, VANESSA) |
| Filing 55 Request for Default by PROGRESSIVE CASUALTY INSURANCE COMPANY against Stetin Trucking Company, Inc.. (Attachments: #1 Certification In Support of Request for Entry of Default Against Stetin Trucking Co., Inc.)(KOPPEL, VANESSA) |
| Filing 54 Request for Default by PROGRESSIVE CASUALTY INSURANCE COMPANY against B.F. Transport, Inc.. (Attachments: #1 Certification In Support of Request for Entry of Default Against B.F. Transport, Inc.)(KOPPEL, VANESSA) |
| Filing 53 Request for Default by PROGRESSIVE CASUALTY INSURANCE COMPANY against Bladimir Fermin Cabrera. (Attachments: #1 Certification In Support of Request for Entry of Default Against Bladimir Fermin Cabrera)(KOPPEL, VANESSA) |
| Filing 52 Request for Default by PROGRESSIVE CASUALTY INSURANCE COMPANY against United Specialty Insurance Company. (Attachments: #1 Certification In Support of Request for Entry of Default Against United Specialty Insurance Company)(KOPPEL, VANESSA) |
| Clerk's ENTRY OF DEFAULT as to United Specialty Insurance Company, Bladimir Fermin Cabrera for failure to plead or otherwise defend. (ld, ) |
| Clerk's ENTRY OF DEFAULT as to B.F. Transport, Inc., Stetin Trucking Company, Inc., Mack Freight Service, Inc. for failure to plead or otherwise defend. (ld, ) |
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Filing 51
ORDER granting Leave to Appear Pro Hac Vice as to THOMAS W. RUSSO, ESQ.. Signed by Magistrate Judge Jessica S. Allen on 5/18/2023. (ld, )
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| Filing 50 Letter from Lawrence Hersh, Esq. re consent as to pro hac vice admission of Thomas Russo, Esq.. (Attachments: #1 Certification of Lawrence Hersh, Esq., #2 Certification of Thomas Russo, Esq., #3 Text of Proposed Order)(HERSH, LAWRENCE) |
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Filing 49
LETTER ORDER: Initial Conference set for 5/23/2023 at 2:00 PM before Magistrate Judge Jessica S. Allen. Signed by Magistrate Judge Jessica S. Allen on 4/20/23. (jbb)
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| Filing 48 ANSWER to Amended Complaint by JUNIOR SMITH, MICHELLE BLAIR SMITH.(HERSH, LAWRENCE) |
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Filing 47
STIPULATION AND ORDER EXTENDING TIME FOR DEFENDANTS JUNIOR SMITH AND MICHELLE L. BLAIR SMITH TO ANSWER THE COMPLAINT; that the time within which these Defendants must answer, move, or otherwise respond to Plaintiff's Complaint in the above-captioned action is extended up to and including April 10, 2023. Signed by Magistrate Judge Jessica S. Allen on 3/16/2023. (ld, )
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| Filing 46 STIPULATION re #44 Acknowledgment of Service, #43 Acknowledgment of Service EXTENDING TIME TO ANSWER OR OTHERWISE RESPOND by JUNIOR SMITH, MICHELLE BLAIR SMITH. (HERSH, LAWRENCE) |
| Filing 45 NOTICE of Appearance by LAWRENCE C. HERSH on behalf of JUNIOR SMITH, MICHELLE BLAIR SMITH (HERSH, LAWRENCE) |
| Filing 44 ACKNOWLEDGMENT OF SERVICE Executed by PROGRESSIVE CASUALTY INSURANCE COMPANY. MICHELLE BLAIR SMITH served on 2/16/2023, answer due 3/9/2023. (KOPPEL, VANESSA) |
| Filing 43 ACKNOWLEDGMENT OF SERVICE Executed by PROGRESSIVE CASUALTY INSURANCE COMPANY. JUNIOR SMITH served on 2/16/2022, answer due 3/9/2022. (KOPPEL, VANESSA) |
| Filing 42 ACKNOWLEDGMENT OF SERVICE Executed by PROGRESSIVE CASUALTY INSURANCE COMPANY. STATE NATIONAL SPECIALTY INSURANCE COMPANY served on 1/30/2023, answer due 2/21/2023. (KOPPEL, VANESSA) |
| Filing 41 SUMMONS Returned Executed by PROGRESSIVE CASUALTY INSURANCE COMPANY. MACK FREIGHT SERVICE, INC. served on 1/16/2023, answer due 2/6/2023. (KOPPEL, VANESSA) |
| Filing 40 SUMMONS Returned Executed by PROGRESSIVE CASUALTY INSURANCE COMPANY. Stetin Trucking Co., Inc. served on 1/16/2023, answer due 2/6/2023. (KOPPEL, VANESSA) |
| Filing 39 SUMMONS Returned Executed by PROGRESSIVE CASUALTY INSURANCE COMPANY. United Specialty Insurance Company served on 1/18/2023, answer due 2/8/2023. (KOPPEL, VANESSA) |
| Filing 38 SUMMONS Returned Executed by PROGRESSIVE CASUALTY INSURANCE COMPANY. BF TRANSPORT, INC. served on 1/23/2023, answer due 2/14/2023. (KOPPEL, VANESSA) |
| Filing 37 SUMMONS Returned Executed by PROGRESSIVE CASUALTY INSURANCE COMPANY. BLADIMIR FERMIN CABRERA served on 1/23/2023, answer due 2/14/2023. (KOPPEL, VANESSA) |
| Filing 36 SUMMONS ISSUED as to BF TRANSPORT, INC., BLADIMIR FERMIN CABRERA, MACK FREIGHT SERVICE, INC., JUNIOR SMITH, MICHELLE BLAIR SMITH, Stetin Trucking Co., Inc., United Specialty Insurance Company. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. (ld, ) |
| Filing 35 Request for Summons to be Issued by PROGRESSIVE CASUALTY INSURANCE COMPANY as to MACK FREIGHT SERVICE, INC.. (KOPPEL, VANESSA) |
| Filing 34 Request for Summons to be Issued by PROGRESSIVE CASUALTY INSURANCE COMPANY as to MACK FREIGHT SERVICE, INC.. (KOPPEL, VANESSA) |
| Filing 33 Request for Summons to be Issued by PROGRESSIVE CASUALTY INSURANCE COMPANY as to Stetin Trucking Co., Inc.. (KOPPEL, VANESSA) |
| Filing 32 Request for Summons to be Issued by PROGRESSIVE CASUALTY INSURANCE COMPANY as to United Specialty Insurance Company. (KOPPEL, VANESSA) |
| Filing 31 Request for Summons to be Issued by PROGRESSIVE CASUALTY INSURANCE COMPANY as to BF TRANSPORT, INC.. (KOPPEL, VANESSA) |
| Filing 30 Request for Summons to be Issued by PROGRESSIVE CASUALTY INSURANCE COMPANY as to BLADIMIR FERMIN CABRERA. (KOPPEL, VANESSA) |
| Filing 29 Request for Summons to be Issued by PROGRESSIVE CASUALTY INSURANCE COMPANY as to JUNIOR SMITH. (KOPPEL, VANESSA) |
| Filing 28 Request for Summons to be Issued by PROGRESSIVE CASUALTY INSURANCE COMPANY as to MICHELLE BLAIR SMITH. (KOPPEL, VANESSA) |
| Filing 27 Request for Summons to be Issued by PROGRESSIVE CASUALTY INSURANCE COMPANY as to Stetin Trucking Co., Inc.. (KOPPEL, VANESSA) |
| Filing 26 AMENDED COMPLAINT for Declaratory Judgment against All Defendants All Defendants., filed by PROGRESSIVE CASUALTY INSURANCE COMPANY.(KOPPEL, VANESSA) |
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Filing 25
LETTER ORDER granting request for leave to file a Second Amended Complaint to add Stetin Trucking Company, Inc.'s insurer, United Specialty Insurance Company, as a defendant in this action. Plaintiff shall file the proposed amendment by written consent, pursuant to Federal Rule of Civil Procedure 15(a)(2), on or before January 11, 2023. Plaintiff shall serve the amended pleading consistent with the applicable Federal Rules of Civil Procedure. Plaintiff shall timely file proof of service of the amended complaint.. Signed by Magistrate Judge Jessica S. Allen on 1/4/2023. (ld, )
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| Filing 24 Letter from Vanessa L. Koppel, Esq. Requesting Leave to File Second Amended Complaint. (KOPPEL, VANESSA) |
| Filing 23 AMENDED COMPLAINT against All Defendants All Defendants., filed by PROGRESSIVE CASUALTY INSURANCE COMPANY.(KOPPEL, VANESSA) |
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Filing 22
LETTER ORDER granting leave of Court to file an amended complaint naming Stetin Trucking Company, Inc. as an interested party to the declaratory judgment action. Plaintiff shall file the proposed amendment by written consent, pursuant to Federal Rule of Civil Procedure 15(a)(2), on or before December 12, 2022. Plaintiff shall serve the amended pleading consistent with the applicable Federal Rules of Civil Procedure. Plaintiff shall timely file proof of service of the amended complaint.. Signed by Magistrate Judge Jessica S. Allen on 11/30/2022. (ld, )
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| Filing 21 Letter from Vanessa L. Koppel, Esq.. (KOPPEL, VANESSA) |
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Filing 20
TEXT ORDER: The Court is in receipt of attorney Russo's emailed correspondence of November 28, 2022, again seeking additional time for individual Defendants Junior and Michelle Smith ("Smiths") to retain New Jersey counsel to represent them in the instant action. However, based on this Court's review of the official docket, it appears that the Smiths, along with Defendants Bladimer Fermin Cabrera, and BF Transport were not served with the Summons and Complaint. (See ECF Nos. 9-12). Further, based on the docket, it is unclear whether Defendant Mack Freight Service, Inc. was served with the Summons and Complaint. Accordingly, on or before December 12, 2022, Plaintiff shall file proof of service of the Summons and Complaint on all of these Defendants. If Plaintiff has not yet effectuated service of process, then Plaintiff shall have until December 19, 2022, pursuant to Federal Rule of Civil Procedure 4, to effectuate service and file proof of service. Attorney Russo's November 28th letter request shall be held in abeyance, pending resolution of the proof of service issue. The Initial Scheduling Conference scheduled for today at 1:45 p.m. is adjourned, pending resolution of the service of process issue and any served Defendants filing their respective answers to the Complaint. Plaintiff's counsel is directed to serve a copy of this Order on attorney Russo, New York counsel for the Smiths. So Ordered by Magistrate Judge Jessica S. Allen on 11/28/22. (jbb)
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Filing 19
TEXT ORDER: In response to counsels' joint request to adjourn tomorrow's Zoom Initial Scheduling Conference, (ECF No. 18), the request is GRANTED. The Initial Scheduling Conference is rescheduled to November 28, 2022 at 1:45 p.m. So Ordered by Magistrate Judge Jessica S. Allen on 10/27/22. (jbb)
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| Filing 18 Letter from Vanessa L. Koppel, Esq.. (KOPPEL, VANESSA) |
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Filing 17
LETTER ORDER adjourning conference: Initial Conference rescheduled for 10/28/2022 at 12:15 PM before Magistrate Judge Jessica S. Allen.. Signed by Magistrate Judge Jessica S. Allen on 9/29/2022. (ld, )
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| Filing 16 Letter from defendant. (ECKELL, LEE) |
| Filing 15 Joint Discovery Plan by STATE NATIONAL SPECIALTY INSURANCE COMPANY.(ECKELL, LEE) |
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Filing 14
LETTER ORDER: Initial Conference set for 9/30/2022 at 9:00 AM before Magistrate Judge Jessica S. Allen. Signed by Magistrate Judge Jessica S. Allen on 7/26/22. (jbb)
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| Filing 13 National Specialty Ins. Co. ANSWER to Complaint with JURY DEMAND , CROSSCLAIM against BF TRANSPORT, INC., BLADIMIR FERMIN CABRERA, MACK FREIGHT SERVICE, INC., JUNIOR SMITH, MICHELLE BLAIR SMITH by STATE NATIONAL SPECIALTY INSURANCE COMPANY.(ECKELL, LEE) |
| Filing 12 Summons Returned Unexecuted by PROGRESSIVE CASUALTY INSURANCE COMPANY as to JUNIOR SMITH. (KOPPEL, VANESSA) |
| Filing 11 Summons Returned Unexecuted by PROGRESSIVE CASUALTY INSURANCE COMPANY as to MICHELLE BLAIR SMITH. (KOPPEL, VANESSA) |
| Filing 10 Summons Returned Unexecuted by PROGRESSIVE CASUALTY INSURANCE COMPANY as to BF TRANSPORT, INC.. (KOPPEL, VANESSA) |
| Filing 9 Summons Returned Unexecuted by PROGRESSIVE CASUALTY INSURANCE COMPANY as to BLADIMIR FERMIN CABRERA. (KOPPEL, VANESSA) |
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Filing 8
STIPULATION AND ORDER TO EXTEND TIME TO ANSWER PURSUANT TO LOCAL RULE OF CIVIL PROCEDURE 6.1(b); that National Specialty Insurance Company, Inc., improperly pled as State National Specialty Insurance Company, Inc. be permitted to file a response to Plaintiff's Complaint by July 24, 2022. Signed by Magistrate Judge Jessica S. Allen on 6/29/2022. (ld, )
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| Filing 7 STIPULATION to extend time to answer by STATE NATIONAL SPECIALTY INSURANCE COMPANY. (ECKELL, LEE) |
| Filing 6 NOTICE of Appearance by LEE HARRIS ECKELL on behalf of STATE NATIONAL SPECIALTY INSURANCE COMPANY (ECKELL, LEE) |
| Filing 5 SUMMONS Returned Executed by PROGRESSIVE CASUALTY INSURANCE COMPANY. MACK FREIGHT SERVICE, INC. served on 5/16/2022, answer due 6/6/2022. (KOPPEL, VANESSA) |
| Filing 4 SUMMONS Returned Executed by PROGRESSIVE CASUALTY INSURANCE COMPANY. STATE NATIONAL SPECIALTY INSURANCE COMPANY served on 5/18/2022, answer due 6/8/2022. (KOPPEL, VANESSA) |
| Filing 3 SUMMONS ISSUED as to BF TRANSPORT, INC., BLADIMIR FERMIN CABRERA, MACK FREIGHT SERVICE, INC., JUNIOR SMITH, MICHELLE BLAIR SMITH, STATE NATIONAL SPECIALTY INSURANCE COMPANY. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. (ld, ) |
| Case Assigned to Judge Susan D. Wigenton and Magistrate Judge Jessica S. Allen. (ak, ) |
| Filing 2 Corporate Disclosure Statement by PROGRESSIVE CASUALTY INSURANCE COMPANY identifying THE PROGRESSIVE CORPORATION as Corporate Parent.. (KOPPEL, VANESSA) |
| Filing 1 COMPLAINT against All Defendants ( Filing and Admin fee $ 402 receipt number ANJDC-13287209), filed by PROGRESSIVE CASUALTY INSURANCE COMPANY.(KOPPEL, VANESSA) |
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