Napout v. Certain Underwriters At Lloyd's, London et al
| Juan Angel Napout |
| Axis Specialty Europe SE, Certain Underwriters At Lloyd's, London and Certain Interested Underwriters At Lloyd's London |
| Robin H Gise |
| 1:2017cv06394 |
| November 2, 2017 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Sanket J Bulsara |
| Pamela K Chen |
| Dora Lizette Irizarry |
| Insurance |
| 28 U.S.C. § 1331 Fed. Question |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 23, 2018. A more recent docket listing may be available from PACER.
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ORDER DISMISSING CASE: The Parties' #39 Stipulation of Dismissal is So Ordered. Ordered by Judge Pamela K. Chen on 10/23/2018. (Cuevas Ingram, Joanna)
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| Filing 39 STIPULATION of Dismissal by Juan Angel Napout (Tumialan, Rosa) |
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ORDER: The request for an extension of time #38 is granted. The parties have until October 22, 2018 to file a stipulation of dismissal. So Ordered by Magistrate Judge Sanket J. Bulsara on 9/26/2018. (Zhang, Fan)
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| Filing 38 Letter Motion for Extension of Time by Juan Angel Napout (Tumialan, Rosa) |
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ORDER: The parties have indicated that a settlement has been reached, and are directed to file a stipulation of dismissal by October 1, 2018. So Ordered by Magistrate Judge Sanket J. Bulsara on 9/10/2018. (Zhang, Fan)
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| Filing 37 STATUS REPORT by Juan Angel Napout (Tumialan, Rosa) |
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STATUS REPORT ORDER: The parties have indicated that mediation is ongoing #36 , and are directed to provide another status update by October 1, 2018. So Ordered by Magistrate Judge Sanket J. Bulsara on 8/21/2018. (Zhang, Fan)
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| Filing 36 STATUS REPORT (JOINT) by Juan Angel Napout (Tumialan, Rosa) |
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STATUS REPORT ORDER: The parties have indicated that mediation is ongoing #35 , and are directed to provide another status update by August 20, 2018. So Ordered by Magistrate Judge Sanket J. Bulsara on 7/17/2018. (Zhang, Fan)
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| Filing 35 STATUS REPORT by Juan Angel Napout (Derksen, Michael) |
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STATUS REPORT ORDER: The parties, having indicated that another mediation session is scheduled #34 , are directed to provide another status update by July 16, 2018. So Ordered by Magistrate Judge Sanket J. Bulsara on 6/18/2018. (Zhang, Fan)
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| Filing 34 STATUS REPORT (Regarding Mediation) by Juan Angel Napout (Derksen, Michael) |
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ORDER: In light of the parties letter dated 5/2/2018, the in person settlement conference scheduled for 5/15/2018 is hereby adjourned sine die. So Ordered by Magistrate Judge Sanket J. Bulsara on 5/9/2018. (Manson, Eddie)
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ORDER: In light of the parties' ongoing efforts to resolve the case through mediation, the request to stay discovery in the case #33 is granted. The parties are directed to file a status report following the next scheduled mediation session. So Ordered by Magistrate Judge Sanket J. Bulsara on 5/3/2018. (Zhang, Fan)
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| Filing 33 Letter to Stay Proceedings by Juan Angel Napout (Derksen, Michael) |
| SELECTION OF MEDIATOR Robin H Gise selected as Mediator. The first mediation session will take place on April 26, 2018 at 9:00am. Fourteen days on or before the session date, counsel shall file with the Mediator their client's mediation statement summarizing the facts, legal issues, particulars of any prior settlement discussions, and the name and title of the client or client representative with full settlement authority who will attend the mediation in person. Attendance in person is required of the trial attorney, insurance adjuster, and client or client representative with full settlement authority. The Confidentiality Stipulation must be signed at the mediation session by all participants and the Mediator and returned to Robyn Weinstein, ADR Administrator, Robyn_Weinstein@nyed.uscourts.gov or fax (718) 613-2333. Contact information for the Mediator is on the docket sheet. Upon completion of the mediation, both parties must submit a Mediation Report which can be found at: https://www.nyed.uscourts.gov/adr-forms. The Mediation Report must be e-mailed to Robyn Weinstein at Robyn_Weinstein@nyed.uscourts.gov within two weeks following mediation session.Report of Mediation due by 5/10/2018. (Weinstein, Robyn) |
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ORDER: The motion for an extension of time #32 is granted. The parties shall complete mediation by April 30, 2018. So Ordered by Magistrate Judge Sanket J. Bulsara on 3/18/2018. (Zhang, Fan)
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| Filing 32 MOTION to Continue Mediation at later date by Juan Angel Napout. (Bolla, Evan) |
| Filing 31 Letter Selection of Mediator by Juan Angel Napout (Derksen, Michael) |
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ORDER: The motion for leave to appear pro has vice #24 is granted. The attorney shall register for ECF, registration is available online at the NYEDs homepage. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure that the 150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. So Ordered by Magistrate Judge Sanket J. Bulsara on 3/2/2018. (Zhang, Fan)
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| Filing 30 Letter in further support of the motion for leave to appear pro hac vice for Elizabeth Jewell by Axis Specialty Europe SE, Certain Underwriters At Lloyd's, London (Attachments: #1 DC Certificate of Good Standing, #2 MD Certificate of Good Standing) (Knoerzer, Michael) |
| Filing 29 Defendants' ANSWER to #1 Complaint by Axis Specialty Europe SE, Certain Underwriters At Lloyd's, London. (Attachments: #1 Certificate of Service for Defendants' Answer to the Complaint) (Knoerzer, Michael) |
| MEDIATION INSTRUCTIONS for Counsel are available at: https://www.nyed.uscourts.gov/adr-forms. Counsel are to select a mediator, schedule the first mediation session, and file the name of the mediator, date, time and place of the first mediation session via CM/ECF using the event Selection of Mediator. For a list of the EDNY Mediators and their qualifications, see the Court's website at https://www.nyed.uscourts.gov/adr/Mediation/displayAll.cfm. EDNY Mediators are compensated in accordance with EDNY Local Civil Rule 83.8(f)(1)[formerly EDNY Local Civil Rule 83.11(f)(1)]. The Confidentiality Stipulation must be signed at the mediation session by all participants, including the mediator, and sent via email to Robyn_Weinstein@nyed.uscourts.gov. The Confidentiality Stipulation is available at: https://www.nyed.uscourts.gov/adr-forms. Upon completion of the mediation, both parties must submit a Mediation Report which can be found at: https://www.nyed.uscourts.gov/adr-forms. The Mediation Report must be e-mailed to Robyn Weinstein at Robyn_Weinstein@nyed.uscourts.gov within two weeks following mediation session. (Weinstein, Robyn) |
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ORDER REFERRING CASE to Mediation: The parties having expressed a desire to reach an amicable resolution of this case, this case is referred to the EDNY Mediation Panel. For assistance with any questions about the mediation process or the selection of a mediator, counsel are invited to contact EDNY ADR Administrator Robyn Weinstein at (718) 613-2578. The mediation shall be completed by 3/30/2018. Selection of Mediator due by 3/2/2018. So Ordered by Magistrate Judge Sanket J. Bulsara on 2/16/2018. (Zhang, Fan)
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| Filing 28 Letter Agreement to ADR by Juan Angel Napout (Derksen, Michael) |
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Filing 27
SCHEDULING ORDER: The parties shall submit joint certification that discovery has been completed by 1/29/2019. Other deadlines set based on parties' submitted joint discovery worksheet and are reflected in the attached order. Parties shall submit a joint status report by 2/16/2018 advising the Court whether both parties consent to mediation. An in-person settlement conference will be held on 5/15/2018 at 2:00 P.M. before Magistrate Judge Bulsara in Courtroom 324N. Parties are to submit their respective settlement positions via ex parte to Chambers email no later than three days before 5/15/2018. Counsel are to refer to the Settlement Section of this Court's Individual Rules in preparation for the conference. So Ordered by Magistrate Judge Sanket J. Bulsara on 2/8/2018. (Manson, Eddie)
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| Minute Entry for proceedings held before Magistrate Judge Sanket J. Bulsara: An in person initial conference was held on 2/8/2018. Evan Bolla, Esq, Rosa Tamialan, Esq and Michael Derksen, Esq., appeared on behalf of the Plaintiff. Michael Knoerzer, Esq and Elizabeth Jewell, Esq., appeared on behalf of the Defendant. ( See separate docket entry for order issuing from this proceeding). (FTR Log #11:03-11:28.) (Manson, Eddie) |
| NOTICE : Pursuant to Local Rule 1.3(c), the petition shall be accompanied by a certificate of the clerk of the court for each of the states in which the applicant is a member of the bar, which has been issued within thirty (30) days of filing and states that the applicant is a member in good standing of the bar of that state court. Counsel Elizabeth Jewell is directed to submit a Certificate of Good Standing which has been issued within thirty (30) days. Counsel is also directed to use the event (Letter) on ECF to file a revised version of the Certificate of Good Standing. (Manson, Eddie) |
| Filing 26 Letter (status of defendants' response to complaint) by Juan Angel Napout (Derksen, Michael) |
| Filing 25 STATUS REPORT (Discovery Plan Worksheet) by Juan Angel Napout (Derksen, Michael) |
| Filing 24 MOTION for Leave to Appear Pro Hac Vice for Elizabeth A. Jewell Filing fee $ 150, receipt number 0207-10173706. by Axis Specialty Europe SE, Certain Underwriters At Lloyd's, London. (Attachments: #1 Affidavit of Elizabeth A. Jewell, #2 Exhibit A, #3 Exhibit B, #4 Certificate of Service for Elizabeth A. Jewell Pro Hac Vice Motion) (Knoerzer, Michael) |
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ORDER: The motion to extend time for the Defendants to answer and/or otherwise respond to the Complaint #23 is extended until March 1, 2018. The motion to adjourn the initial conference is denied, in light of the requirements of Rule 16(b)(2), and the parties have not offered good cause why the initial conference and scheduling order should be delayed. Plaintiff's counsel has requested to participate in the conference via telephone; however, several counsel from New York have made appearances on the docket, and the request is therefore denied. If additional counsel for the Plaintiff wish to appear via telephone they may do so, but at least one attorney must be present in person.. Counsel appearing by telephone should call 718-804-2714 ten minutes prior to the start of the conference. so Ordered by Magistrate Judge Sanket J. Bulsara on 1/23/2018. (Manson, Eddie)
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| Filing 23 Letter MOTION for Extension of Time to File Answer and adjourn Pre. Conference by Juan Angel Napout. (Bolla, Evan) |
| Filing 22 WAIVER OF SERVICE Returned Executed by Juan Angel Napout. Axis Specialty Europe SE waiver sent on 11/2/2017, answer due 1/31/2018. (Bolla, Evan) |
| Filing 21 WAIVER OF SERVICE Returned Executed by Juan Angel Napout. Certain Underwriters At Lloyd's, London waiver sent on 11/2/2017, answer due 1/31/2018. (Bolla, Evan) |
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Filing 20
SCHEDULING ORDER: An in person initial conference will be held at 11:00 AM on 2/8/2018 in Courtroom 324N before Magistrate Judge Sanket J. Bulsara. All parties must attend. Counsel are directed to complete the attached Discovery Plan Worksheet and electronically file same with the Court no later than 2/8/2018. So Ordered by Magistrate Judge Sanket J. Bulsara on 11/10/2017. (Manson, Eddie)
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| Filing 19 NOTICE of Appearance by Michael F. Derksen on behalf of Juan Angel Napout (aty to be noticed) (Derksen, Michael) |
| Filing 18 NOTICE of Appearance by Rosa M. Tumialan on behalf of Juan Angel Napout (aty to be noticed) (Tumialan, Rosa) |
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ORDER: The motion for leave to appear pro hac vice #5 is granted. The attorney shall register for ECF, registration is available online at the NYEDs homepage. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. So Ordered by Magistrate Judge Sanket J. Bulsara on 11/8/2017. (Zhang, Fan)
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ORDER: The motion for leave to appear pro hac vice #4 is granted. The attorney shall register for ECF, registration is available online at the NYEDs homepage. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. So Ordered by Magistrate Judge Sanket J. Bulsara on 11/8/2017. (Zhang, Fan)
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| Minute Entry for proceedings held before Judge Pamela K. Chen: Show Cause Hearing held on 11/7/2017. Appearances by Evan Bolla, Rosa Tumialan, and Michael Derksen for Plaintiff; Michael Knoerzer and Elizabeth Jewell (via telephone) for Defendants. Case called. Hearing on Plaintiff's motion for a temporary restraining order and preliminary injunction held. For the reasons stated on the record and herein, the Court denies Plaintiff's motion for a temporary restraining order and preliminary injunction. The Second Circuit requires that to obtain a temporary restraining order and/or a preliminary injunction, a party must show: (a) irreparable harm; and (b) either (1) a likelihood of success on the merits or (2) "sufficiently serious questions" that go to the merits of the case. Christian Louboutin S.A. v. Yves Saint Laurent Am. Holding, Inc., 696 F.3d 206, 215 (2d Cir. 2012). The Court finds that Plaintiff has not met its burden of proving "irreparable harm" under this test. Defendant Insurer has paid a portion of defense costs already and has given the Court a schedule for further payments. In making its determination, the Court finds the decision in Stuckey v. Nat'l Union Fire Ins. Co., No. 15 Civ. 6639 (CM), 2015 WL 5547441 (S.D.N.Y. Sept. 17, 2015) instructive. The court in Stuckey denied plaintiff injunctive relief on the grounds that the insurer had already paid a portion of the cost with the promise of more to come, and, as a result, the harm to plaintiff was "too speculative." Id. at 11. Stuckey also distinguished prior cases in the Second Circuit holding that failure to advance defense costs in any amount can, in appropriate circumstances, give rise to irreparable harm. See XL Specialty Ins. Co. v. Level Global Investors, L.P., 874 F.Supp.2d 263, 272 (S.D.N.Y. 2012); In re WorldCom, Inc. Sec. Litig., 354 F.Supp.2d 455, 463 (S.D.N.Y. 2005). Defendant has represented before the Court in its Memorandum in Opposition #16 and oral arguments that it will pay $964,000 on November 10, 2017 and $1,300,00 in December 2017 before the conclusion of the trial. The Court expects Defendant to abide by its representations regarding upcoming payments, made by its attorneys pursuant to Federal Rule of Civil Procedure 11. In the event a temporary restraining order or preliminary injunction remains necessary by the end of Plaintiff's trial or January 1, whichever comes first, Plaintiff can refile its motion for a temporary restraining order and preliminary injunction. (Court Reporter Linda Marino.) (Abdallah, Fida) |
| Filing 17 AFFIDAVIT/DECLARATION in Support re #4 MOTION for Leave to Appear Pro Hac Vice , #5 MOTION for Leave to Appear Pro Hac Vice Michael F. Derksen filed by Juan Angel Napout. (Attachments: #1 Exhibit, #2 Exhibit) (Bolla, Evan) |
| Filing 16 MEMORANDUM in Opposition to Plaintiff's Memorandum of Law filed by Axis Specialty Europe SE, Certain Underwriters At Lloyd's, London. (Knoerzer, Michael) |
| Filing 15 Corporate Disclosure Statement by Axis Specialty Europe SE, Certain Underwriters At Lloyd's, London identifying Corporate Parent Fairfax Financial Holdings Limited, Corporate Parent Brit Limited, Corporate Parent Starr International Company, INC, Corporate Parent QBE Insurance Group Limited, Corporate Parent Nexus Underwriting Limited, Corporate Parent AXIS Specialty UK Holdings Limited for Certain Underwriters At Lloyd's, London; Corporate Parent AXIS Capital Holdings Limited for Axis Specialty Europe SE. (Knoerzer, Michael) |
| Filing 14 NOTICE of Appearance by Michael A. Knoerzer on behalf of Axis Specialty Europe SE, Certain Underwriters At Lloyd's, London (aty to be noticed) (Knoerzer, Michael) |
| Filing 13 AFFIDAVIT of Service for Order to Show Cause and Supporting Documents served on Michael Noerzer and Elizabeth Jewell of Clyde & Co., Counsel for Defendants on November 3, 4, 2017, filed by Juan Angel Napout. (St. Laurent, Andrew) |
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Filing 12
ORDER TO SHOW CAUSE: See attached Order. Show Cause Hearing set for November 7, 2017 at 4:00 p.m. in Courtroom 4F North. Show Cause Response due by November 7, 2017 at 1:00 p.m. Ordered by Judge Pamela K. Chen on 11/3/2017. (Chivers, Jeffrey)
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| Filing 11 PRO HAC VICE FILING FEE PAID: For: Rosa M. Tumialan and Michael F. Derksen $ 300, receipt number 4653121123 (Davis, Kimberly) |
| Filing 10 CIVIL FILING FEE: $ 400.00, receipt number 4653121122 (Davis, Kimberly) |
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ORDER REASSIGNING CASE. Case reassigned to Judge Pamela K. Chen for all further proceedings. Chief Judge Dora Lizette Irizarry no longer assigned to case Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such.. Ordered by Chief Judge Dora Lizette Irizarry on 11/3/2017. (Davis, Kimberly)
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| Filing 9 Summons Issued as to Axis Specialty Europe SE, Certain Underwriters At Lloyd's, London. (Davis, Kimberly) |
| Filing 8 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Davis, Kimberly) |
| Filing 7 Notice of Related Case (Davis, Kimberly) |
| Filing 6 MEMORANDUM in Support filed by Juan Angel Napout. (Davis, Kimberly) |
| Filing 5 MOTION for Leave to Appear Pro Hac Vice Michael F. Derksen by Juan Angel Napout. (Attachments: #1 Affidavit, #2 Certificate of Good Standing) (Davis, Kimberly) |
| Filing 4 MOTION for Leave Rosa M. Tumialan to Appear Pro Hac Vice by Juan Angel Napout. (Attachments: #1 Affidavit, #2 Certificate of Good Standing) (Davis, Kimberly) . |
| Filing 3 DECLARATION of Rosa Tumialan by Juan Angel Napout (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K) (Davis, Kimberly) |
| Filing 2 Unsigned Order to Show Cause by Juan Angel Napout (Davis, Kimberly) |
| Filing 1 COMPLAINT against Axis Specialty Europe SE, Certain Underwriters At Lloyd's, London, filed by Juan Angel Napout. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet) (Davis, Kimberly) |
| The case of Napout v Certain Underwriters at Lloyd's London et al, has been opened in the Eastern District of New York. The case number is 17-cv-6394. PLEASE NOTE: You must pay the case filing fee within seven (7) days. Select the event (Civil Case Filing Fee) and pay online. (Davis, Kimberly) |
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