Luizzi et al v. Pro Transfer et al
Plaintiff: Josephine Luizzi and Robert Luizzi
Defendant: Pro Transport Inc. and Luis Sanchez
ThirdParty Defendant: Green Mountain Agency, Inc., One Beacon Insurance Company d/b/a General Accident Insurance Company and State National Insurance Company
Cross Claimant: Pro Transport Inc. and Luis Sanchez
Cross Defendant: Pro Transport Inc. and Luis Sanchez
ThirdParty Plaintiff: Luis Sanchez and State National Insurance Company
Case Number: 1:2002cv05388
Filed: February 2, 2009
Court: US District Court for the Eastern District of New York
Office: Brooklyn Office
Presiding Judge: Cheryl L. Pollak
Nature of Suit: Motor Vehicle
Cause of Action: 28 U.S.C. ยง 1441 Petition for Removal- Auto Negligence

Available Case Documents

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Date Filed Document Text
July 31, 2013 Opinion or Order Filing 282 MEMORANDUM AND OPINION: The Court hereby finds that the Court finds that State National has sustained its burden by proving by a preponderance of the evidence that the Sanchez vehicle qualifies as a "covered auto" pursuant to the Policy an d that the Policy provided coverage to both Pro Transport and Sanchez for the underlying action in this case. The Court further holds that State National was acting in accordance with the terms of the Policy when it settled the underlying action with the Luizzis. The parties are directed to appear before the undersigned for a conference in this matter on September 5, 2013 at 11:00 A.M. So Ordered by Magistrate Judge Cheryl L. Pollak on 7/31/2013. (Caggiano, Diana)
June 21, 2011 Opinion or Order Filing 218 MEMORANDUM AND OPINION re 216 and 217 : As per attached, as plaintiffs expert response is already due on the eve of trial, July 15, 2011, that date cannot be extended any further. Therefore, the Court will only give Ms. Gruber until Thursday, June 23, 2011 to serve her expert report. If she fails to do so, defendants will be precluded from presenting an expert at trial. So Ordered by Magistrate Judge Cheryl L. Pollak on 6/21/2011. (Caggiano, Diana)
May 2, 2011 Opinion or Order Filing 203 ORDER granting in part and denying in part 194 Motion to Preclude Expert Witness. Pursuant to the attached Order, Green Mountain's expert, Mr. Ruke, will be not be permitted to testify regarding: 1) the scope of or contractual obligations of Green Mountain under the contract or express his opinion as to whether Green Mountain had a responsibility to cancel the Pro Transport Policy; 2) what was foreseeable to the parties or his opinion as to whether it would be "fair" to hold Gr een Mountain liable; or 3) what indemnification or reinsurance was available to State National. Mr. Ruke's testimony will be limited to an explanation of what fronting agreements entail and the custom and practice in the insurance industry relating to fronting agreements, subject to the limits stated herein. SO Ordered by Magistrate Judge Cheryl L. Pollak on 5/2/2011. (Berger, Melissa)
August 2, 2010 Opinion or Order Filing 162 MEMORANDUM and ORDER re 146 147 147 149 The Court Orders as follows: 1) with regard to State National's contract claim against Green Mountain, Green Mountain's motion for summary judgment is granted, and State National's motion for summary judgment is denied; and 2) with regard to State National's negligence claim against Green Mountain, the parties' cross motions for summary judgment are denied. So Ordered by Magistrate Judge Cheryl L. Pollak on 8/2/2010. (Caggiano, Diana)
February 2, 2009 Opinion or Order Filing 141 MEMORANDUM AND ORDER: Having reviewed the record, the Court finds that there are material issues of fact in dispute that preclude entry of summary judgment. For the aforementioned reasons, the Court denies plaintiffs motion for summary judgment on l iability and orders the parties to appear for a conference before this Court at 12:30p.m. on Thursday, February 19, 2009 to discuss settlement and the preparation of the pre-trial order. So Ordered by Magistrate Judge Cheryl L. Pollak on 2/2/2009. (Caggiano, Diana)
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Thirdparty defendant: Green Mountain Agency, Inc.
Represented By: David A. Boyar
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Thirdparty defendant: One Beacon Insurance Company d/b/a General Accident Insurance Company
Represented By: Roy W. Vasile
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Thirdparty defendant: State National Insurance Company
Represented By: Thomas G. Darmody
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Plaintiff: Josephine Luizzi
Represented By: Everett J. Petersson
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Plaintiff: Robert Luizzi
Represented By: Everett J. Petersson
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Cross claimant: Pro Transport Inc.
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Cross claimant: Luis Sanchez
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Cross defendant: Pro Transport Inc.
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Cross defendant: Luis Sanchez
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Defendant: Pro Transport Inc.
Represented By: Lloyd Parodneck
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Defendant: Luis Sanchez
Represented By: Teresa A. Gruber
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Thirdparty plaintiff: Luis Sanchez
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Thirdparty plaintiff: State National Insurance Company
Represented By: Thomas G. Darmody
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