AUSTIN et al v. CPA MUTUAL INSURANCE COMPANY OF AMERICA RISK RETENTION GROUP et al
| ESTATE OF CARL L. AUSTIN and CARL L AUSTIN, JR. |
| SCOR REINSURANCE COMPANY, THE CINCINNATI INSURANCE COMPANY, AXA XL, LLOYD'S SYNDICATE 623, THE TOA REINSURANCE COMPANY OF AMERICA, LLOYD'S SYNDICATE 4020, MAIDEN HOLDINGS, LTD., CPA MUTUAL INSURANCE COMPANY OF AMERICA RISK RETENTION GROUP, GENESIS LEGACY SOLUTIONS, LLC, LLOYD'S SYNDICATE 2623, BRIT GLOBAL SPECIALTY USA, NAVIGATORS INSURANCE COMPANY, HANNOVER RUCK SE, ASPEN INSURANCE UK LIMITED, LLOYD'S SYNDICATE 2987 BRT, LLOYD'S SYNDICATE 1225, CATLIN INSURANCE COMPANY LTD. and CPA INSURANCE, INC. |
| 2:2024cv07942 |
| July 22, 2024 |
| US District Court for the District of New Jersey |
| Claire C Cecchi |
| Cathy L Waldor |
| Insurance |
| 09 U.S.C. § 1 U.S. Arbitration Act |
| Defendant |
Docket Report
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This docket was last retrieved on September 16, 2024. A more recent docket listing may be available from PACER.
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Filing 56
ORDER granting #55 Defendant's Motion for Leave to Appear Pro Hac Vice as to JOSEPH K. SCULLY, ESQ. Signed by Magistrate Judge Cathy L. Waldor on 9/16/2024. (dam)
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| Filing 55 MOTION for Leave to Appear Pro Hac Vice by NAVIGATORS INSURANCE COMPANY. (Attachments: #1 Certification Certification of P. Sharma in support of Motion to Admit J. Scully Pro Hac Vice, #2 Exhibit Certification of P. Sharma Ex. A - Order Admitting J. Scully Pro Hac Vice, #3 Certification Certification of J. Scully in support of Motion to Admit Counsel Pro Hac Vice, #4 Exhibit Certification of J. Scully Ex. A - Certificate of Good Standing, #5 Text of Proposed Order Proposed Order)(SHARMA, PALAK) |
| Set Deadlines as to #55 MOTION for Leave to Appear Pro Hac Vice . Motion set for 10/7/2024 before Magistrate Judge Cathy L. Waldor. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (mj) |
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Filing 54
TEXT ORDER: Status call re: pending motions. So Ordered by Magistrate Judge Cathy L. Waldor on 9/11/24. (tjg, )
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| Minute Entry for proceedings held before Magistrate Judge Cathy L. Waldor: Telephone Conference held on 9/11/2024. (tjg, ) |
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Filing 53
TEXT ORDER: The Court notes that this case has been removed to the United States District Court for the District of New Jersey. Barbiero v. Kaufman, 580 F. App'x 107, 111 (3d Cir. 2014) (noting that the "effect of removal" "places the case 'under the sole jurisdiction of the federal court from the time of filing until the court remands it back to state court.'") (quoting In re Diet Drugs, 282 F.3d 220, 231 n. 6 (3d Cir.2002)). Unless and until the District Court remands this case to the Superior Court of New Jersey, the parties shall file any case -related submissions in the District Court proceeding.. So Ordered by Magistrate Judge Cathy L. Waldor on 9/10/24. (tjg, )
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| Filing 52 Letter from Leonard Sarmiento. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(SARMIENTO, LEONARD) |
| Filing 51 NOTICE of Appearance by CASEY ANN BOYLE on behalf of CPA INSURANCE, INC., GENESIS LEGACY SOLUTIONS, LLC, MAIDEN HOLDINGS, LTD. (BOYLE, CASEY) |
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Filing 50
TEXT ORDER: The Court is in receipt of the 8/27/24 letter from Plaintiff's counsel, (ECF No. #49 ), and grants leave to file a reply brief by 9/30/24. The Court will accept and consider Defendants' Oppositions to Plaintiff's Cross-Motion to Remand (see ECF Nos. #46 , #47 , and #48 ). So Ordered by Magistrate Judge Cathy L. Waldor on 8/28/24. (tjd)
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| Filing 49 Letter from Michael J. Faul, Jr., Esq.. (STERLIN, MIKHAIL) |
| Filing 48 AFFIDAVIT in Opposition filed by CPA INSURANCE, INC., GENESIS LEGACY SOLUTIONS, LLC, MAIDEN HOLDINGS, LTD. re #17 MOTION to Remand and Opposition to Motion for Reconsideration (Attachments: #1 Exhibit A) 1/29/24 Letter, #2 Exhibit B) Order Disbursing Policy Proceeds, #3 Exhibit C) Decision & Order)(VACCHIANO, ROBERT) |
| Filing 47 BRIEF in Opposition filed by CPA INSURANCE, INC., GENESIS LEGACY SOLUTIONS, LLC, MAIDEN HOLDINGS, LTD. re #17 MOTION to Remand and Opposition to Motion for Reconsideration (ZARILLO, ANTHONY) |
| Filing 46 BRIEF in Opposition filed by SCOR REINSURANCE COMPANY, THE CINCINNATI INSURANCE COMPANY, THE TOA REINSURANCE COMPANY OF AMERICA re #17 MOTION to Remand and Opposition to Motion for Reconsideration (SMITH, MAURA) |
| Filing 45 NOTICE of Appearance by CHRISTEN LEE RAFUSE on behalf of CPA INSURANCE, INC. (RAFUSE, CHRISTEN) |
| Filing 44 NOTICE of Appearance by ROBERT PATRICK VACCHIANO on behalf of CPA INSURANCE, INC., GENESIS LEGACY SOLUTIONS, LLC, MAIDEN HOLDINGS, LTD. (VACCHIANO, ROBERT) |
| Filing 43 NOTICE of Appearance by ANTHONY J. ZARILLO, JR on behalf of CPA INSURANCE, INC., GENESIS LEGACY SOLUTIONS, LLC, MAIDEN HOLDINGS, LTD. (ZARILLO, ANTHONY) |
| Filing 42 RESPONSE in Support filed by ASPEN INSURANCE UK LIMITED, AXA XL, BRIT GLOBAL SPECIALTY USA, CATLIN INSURANCE COMPANY LTD., HANNOVER RUCK SE, LLOYD'S SYNDICATE 1225, LLOYD'S SYNDICATE 2623, LLOYD'S SYNDICATE 2987 BRT, LLOYD'S SYNDICATE 4020, LLOYD'S SYNDICATE 623 re #8 MOTION for Reconsideration of the July 12, 2024 Order of the Superior Court of New Jersey Denying Motion to Stay Action in favor of Arbitration, #17 MOTION to Remand and Opposition to Motion for Reconsideration (SARMIENTO, LEONARD) |
| Filing 41 Third Party Litigation Funding disclosure statement pursuant to L.Civ.R 7.1.1(a)(1-3) filed by CPA INSURANCE, INC., CPA MUTUAL INSURANCE COMPANY OF AMERICA RISK RETENTION GROUP. (DROUGHTON, AILEEN) |
| Filing 40 Corporate Disclosure Statement by CPA INSURANCE, INC., CPA MUTUAL INSURANCE COMPANY OF AMERICA RISK RETENTION GROUP identifying GENESIS LEGACY SOLUTIONS LLC as Corporate Parent.. (DROUGHTON, AILEEN) |
| Filing 39 Corporate Disclosure Statement by ASPEN INSURANCE UK LIMITED, AXA XL, BRIT GLOBAL SPECIALTY USA, CATLIN INSURANCE COMPANY LTD., HANNOVER RUCK SE, LLOYD'S SYNDICATE 1225, LLOYD'S SYNDICATE 2623, LLOYD'S SYNDICATE 2987 BRT, LLOYD'S SYNDICATE 4020, LLOYD'S SYNDICATE 623. (SARMIENTO, LEONARD) |
| Filing 38 Letter from Maura C. Smith re #35 Letter, #19 Letter. (SMITH, MAURA) |
| Filing 37 Corporate Disclosure Statement by NAVIGATORS INSURANCE COMPANY identifying The Navigators Group, Inc. as Corporate Parent.. (SHARMA, PALAK) |
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Filing 36
TEXT ORDER: The Court will hold a telephone conference, on 9/11/24 at 12pm. Parties are to use the Court's teleconference dial-in: 888-808-6929 and Access Code is 9464201.. So Ordered by Magistrate Judge Cathy L. Waldor on 8/19/24. (tjg, )
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| Filing 35 Letter from Anthony J. Zarillo, Jr., Esq. re #19 Letter. (ZARILLO, ANTHONY) |
| Filing 34 Corporate Disclosure Statement by THE TOA REINSURANCE COMPANY OF AMERICA identifying The Toa Reinsurance Company, Ltd. as Corporate Parent.. (SMITH, MAURA) |
| Filing 33 Corporate Disclosure Statement by SCOR REINSURANCE COMPANY identifying SCOR U.S. Corporation as Corporate Parent.. (SMITH, MAURA) |
| Filing 32 Corporate Disclosure Statement by THE CINCINNATI INSURANCE COMPANY identifying Cincinnati Financial Corporation as Corporate Parent.. (SMITH, MAURA) |
| Filing 31 ANSWER to Complaint by THE CINCINNATI INSURANCE COMPANY.(SMITH, MAURA) |
| Filing 30 ANSWER to Complaint by SCOR REINSURANCE COMPANY.(SMITH, MAURA) |
| Filing 29 ANSWER to Complaint by THE TOA REINSURANCE COMPANY OF AMERICA.(SMITH, MAURA) |
| Filing 28 Corporate Disclosure Statement by MAIDEN HOLDINGS, LTD.. (ZARILLO, ANTHONY) |
| Filing 27 Third Party Litigation Funding disclosure statement pursuant to L.Civ.R 7.1.1(a)(1-3) filed by MAIDEN HOLDINGS, LTD.. (ZARILLO, ANTHONY) |
| Filing 26 ANSWER to Complaint with JURY DEMAND by MAIDEN HOLDINGS, LTD..(ZARILLO, ANTHONY) |
| Filing 25 Corporate Disclosure Statement by GENESIS LEGACY SOLUTIONS, LLC identifying Maiden Reinsurance Ltd. as Corporate Parent.. (ZARILLO, ANTHONY) |
| Filing 24 Third Party Litigation Funding disclosure statement pursuant to L.Civ.R 7.1.1(a)(1-3) filed by GENESIS LEGACY SOLUTIONS, LLC. (ZARILLO, ANTHONY) |
| Filing 23 ANSWER to Complaint with JURY DEMAND by GENESIS LEGACY SOLUTIONS, LLC.(ZARILLO, ANTHONY) |
| Filing 22 ANSWER to Complaint by ASPEN INSURANCE UK LIMITED, AXA XL, BRIT GLOBAL SPECIALTY USA, CATLIN INSURANCE COMPANY LTD., HANNOVER RUCK SE, LLOYD'S SYNDICATE 1225, LLOYD'S SYNDICATE 2623, LLOYD'S SYNDICATE 2987 BRT, LLOYD'S SYNDICATE 4020, LLOYD'S SYNDICATE 623.(SARMIENTO, LEONARD) |
| Filing 21 ANSWER to Complaint Plaintiffs' Fith Amended Complaint by NAVIGATORS INSURANCE COMPANY.(SHARMA, PALAK) |
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Filing 20
LETTER ORDER granting the #18 request an enlargement of time to file an Opposition to Plaintiffs' Cross-Motion to Remand and Reply in Further Support of Certain Reinsurers' Motion for Reconsideration to August 26, 2024. Signed by Magistrate Judge Cathy L. Waldor on 8/9/2024. (qa, )
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| Filing 19 Letter from Plaintiffs Requesting Case Management Conference. (PASTOR, SHERILYN) |
| Reset Deadlines as to #17 MOTION to Remand and Opposition to Motion for Reconsideration. Motion set for 9/3/2024 before Judge Claire C. Cecchi. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (qa, ) |
| Filing 18 Rule 7.1(d)(5) Letter for an automatic extension of the return date of a dispositive motion re #17 MOTION to Remand and Opposition to Motion for Reconsideration . (SARMIENTO, LEONARD) |
| #17 MOTION to Remand and Opposition to Motion for Reconsideration REFERRED to Cathy L. Waldor. (jl, ) |
| Filing 17 MOTION to Remand and Opposition to Motion for Reconsideration by All Plaintiffs. (Attachments: #1 Memorandum Brief in support of Plaintiff's Cross-Motion, #2 Certificate of Service, #3 Declaration, #4 Text of Proposed Order, #5 Exhibit 1, #6 Exhibit 2, #7 Exhibit 3, #8 Exhibit 4, #9 Exhibit 5, #10 Exhibit 6, #11 Exhibit 7, #12 Exhibit 8, #13 Exhibit 9, #14 Exhibit 10)(PASTOR, SHERILYN) |
| Filing 16 NOTICE of Appearance by SHERILYN PASTOR on behalf of CARL L AUSTIN, JR (PASTOR, SHERILYN) |
| Filing 15 NOTICE of Appearance by MIKHAIL STERLIN on behalf of All Plaintiffs (STERLIN, MIKHAIL) |
| Filing 14 NOTICE of Appearance by MICHAEL J. FAUL, JR on behalf of All Plaintiffs (FAUL, MICHAEL) |
| Clerk`s Text Order - The document #7 Application for Clerk's Order to Ext Answer/Proposed Order,, submitted by THE TOA REINSURANCE COMPANY OF AMERICA, LLOYD'S SYNDICATE 2987 BRT, HANNOVER RUCK SE, ASPEN INSURANCE UK LIMITED, SCOR REINSURANCE COMPANY, AXA XL, LLOYD'S SYNDICATE 4020, LLOYD'S SYNDICATE 1225, LLOYD'S SYNDICATE 2623, LLOYD'S SYNDICATE 623, NAVIGATORS INSURANCE COMPANY, THE CINCINNATI INSURANCE COMPANY, CATLIN INSURANCE COMPANY LTD., BRIT GLOBAL SPECIALTY USA has been GRANTED. The answer due date has been set for 8/12/2024. (pm, ) |
| Filing 13 NOTICE of Appearance by AILEEN F. DROUGHTON on behalf of CPA INSURANCE, INC., CPA MUTUAL INSURANCE COMPANY OF AMERICA RISK RETENTION GROUP (DROUGHTON, AILEEN) |
| Filing 12 NOTICE of Appearance by CHRISTEN LEE RAFUSE on behalf of GENESIS LEGACY SOLUTIONS, LLC, MAIDEN HOLDINGS, LTD. (RAFUSE, CHRISTEN) |
| Filing 11 NOTICE of Appearance by ROBERT PATRICK VACCHIANO on behalf of GENESIS LEGACY SOLUTIONS, LLC, MAIDEN HOLDINGS, LTD. (VACCHIANO, ROBERT) |
| Filing 10 Application and Proposed Order for Clerk's Order to extend time to answer as to Genesis Legacy Solutions, LLC and Maiden Holdings, Ltd.. Attorney ANTHONY J. ZARILLO, JR for GENESIS LEGACY SOLUTIONS, LLC,ANTHONY J. ZARILLO, JR for MAIDEN HOLDINGS, LTD. added. (ZARILLO, ANTHONY) |
| Filing 9 NOTICE of Appearance by ANTHONY J. ZARILLO, JR on behalf of GENESIS LEGACY SOLUTIONS, LLC, MAIDEN HOLDINGS, LTD. (ZARILLO, ANTHONY)NOTICE TO COUNSEL: Counsel is advised that pursuant to Local Civil Rule 5.3(c)(2), a single, consolidated motion to seal shall be filed within 14 days following the completed briefing of the materials sought to be sealed, or within 14 days following the date on which the last of such materials was filed under temporary seal if the motion is resolved, unless otherwise directed by the Court. |
| Filing 8 MOTION for Reconsideration of the July 12, 2024 Order of the Superior Court of New Jersey Denying Motion to Stay Action in favor of Arbitration by ASPEN INSURANCE UK LIMITED, AXA XL, BRIT GLOBAL SPECIALTY USA, CATLIN INSURANCE COMPANY LTD., HANNOVER RUCK SE, LLOYD'S SYNDICATE 1225, LLOYD'S SYNDICATE 2623, LLOYD'S SYNDICATE 2987 BRT, LLOYD'S SYNDICATE 4020, LLOYD'S SYNDICATE 623. (Attachments: #1 Certification Certification of Leonard Sarmiento, #2 Exhibit 2019 Reinsurance Contract, #3 Exhibit 2020 Reinsurance Contract, #4 Exhibit Initial Complaint, #5 Exhibit Second Amended Complaint, #6 Exhibit Third Amended Complaint, #7 Exhibit Consent Order, #8 Exhibit Order to Amend Complaint, #9 Exhibit Fourth Amended Complaint, #10 Exhibit Fifth Amended Complaint, #11 Exhibit Motion to Dimiss Fitfth Amended Complaint, #12 Exhibit Brief in Opp MTD Fifth Amd Compl, #13 Exhibit Reinsurers' Reply ISO MTD 5.6.24, #14 Exhibit Motion to Dimiss Denial, #15 Brief, #16 Text of Proposed Order, #17 Certificate of Service)(SARMIENTO, LEONARD) |
| Filing 7 Application and Proposed Order for Clerk's Order to extend time to answer as to Plaintiffs' Fifth Amended Complaint. Attorney LEONARD SARMIENTO for ASPEN INSURANCE UK LIMITED,LEONARD SARMIENTO for AXA XL,LEONARD SARMIENTO for BRIT GLOBAL SPECIALTY USA,LEONARD SARMIENTO for CATLIN INSURANCE COMPANY LTD.,LEONARD SARMIENTO for HANNOVER RUCK SE,LEONARD SARMIENTO for LLOYD'S SYNDICATE 1225,LEONARD SARMIENTO for LLOYD'S SYNDICATE 2623,LEONARD SARMIENTO for LLOYD'S SYNDICATE 2987 BRT,LEONARD SARMIENTO for LLOYD'S SYNDICATE 4020,LEONARD SARMIENTO for LLOYD'S SYNDICATE 623 added. (SARMIENTO, LEONARD) |
| Filing 6 NOTICE of Appearance by BRIAN E. O'DONNELL on behalf of SCOR REINSURANCE COMPANY, THE CINCINNATI INSURANCE COMPANY, THE TOA REINSURANCE COMPANY OF AMERICA (O'DONNELL, BRIAN) |
| Filing 5 NOTICE of Appearance by MAURA C. SMITH on behalf of SCOR REINSURANCE COMPANY, THE CINCINNATI INSURANCE COMPANY, THE TOA REINSURANCE COMPANY OF AMERICA (SMITH, MAURA) |
| Filing 4 NOTICE of Appearance by PALAK SHARMA on behalf of NAVIGATORS INSURANCE COMPANY (SHARMA, PALAK) |
| Filing 3 NOTICE of Appearance by LEONARD SARMIENTO on behalf of ASPEN INSURANCE UK LIMITED, AXA XL, BRIT GLOBAL SPECIALTY USA, CATLIN INSURANCE COMPANY LTD., HANNOVER RUCK SE, LLOYD'S SYNDICATE 1225, LLOYD'S SYNDICATE 2623, LLOYD'S SYNDICATE 2987 BRT, LLOYD'S SYNDICATE 4020, LLOYD'S SYNDICATE 623 (SARMIENTO, LEONARD) |
| Filing 2 NOTICE of Appearance by ROBERT M. MANGINO, JR on behalf of ASPEN INSURANCE UK LIMITED, AXA XL, BRIT GLOBAL SPECIALTY USA, CATLIN INSURANCE COMPANY LTD., HANNOVER RUCK SE, LLOYD'S SYNDICATE 1225, LLOYD'S SYNDICATE 2623, LLOYD'S SYNDICATE 2987 BRT, LLOYD'S SYNDICATE 4020, LLOYD'S SYNDICATE 623 (MANGINO, ROBERT) |
| Set Deadlines as to #8 MOTION for Reconsideration of the July 12, 2024 Order of the Superior Court of New Jersey Denying Motion to Stay Action in favor of Arbitration. Motion set for 8/19/2024 before Magistrate Judge Cathy L. Waldor. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (lag, ) |
| Clerk`s Text Order - The document #10 Application for Clerk's Order to Ext Answer/Proposed Order, submitted by GENESIS LEGACY SOLUTIONS, LLC, MAIDEN HOLDINGS, LTD. has been GRANTED. The answer due date has been set for 8/12/2024. (lag, ) |
| Case assigned to Judge Claire C. Cecchi and Magistrate Judge Cathy L. Waldor. (jr) |
| Filing 1 NOTICE OF REMOVAL by LLOYD'S SYNDICATE 2987 BRT, HANNOVER RUCK SE, ASPEN INSURANCE UK LIMITED, LLOYD'S SYNDICATE 4020, LLOYD'S SYNDICATE 1225, LLOYD'S SYNDICATE 2623, LLOYD'S SYNDICATE 623, BRIT GLOBAL SPECIALTY USA from Morris County Superior Court, case number MRS-L-000281-20. ( Filing and Admin fee $ 405 receipt number ANJDC-15535073), filed by LLOYD'S SYNDICATE 2987 BRT, HANNOVER RUCK SE, ASPEN INSURANCE UK LIMITED, LLOYD'S SYNDICATE 4020, LLOYD'S SYNDICATE 1225, LLOYD'S SYNDICATE 2623, LLOYD'S SYNDICATE 623, BRIT GLOBAL SPECIALTY USA. (Attachments: #1 Civil Cover Sheet, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit)(SARMIENTO, LEONARD) |
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