Prescott et al v. Nationwide Mutual Insurance Company
| Jo Ann Prescott and Prescott Coverage, LLC |
| Nationwide Mutual Insurance Company |
| 1:2017cv06508 |
| November 8, 2017 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Steven Tiscione |
| Eric N Vitaliano |
| Fraud or Truth-In-Lending |
| 28 U.S.C. § 1332 Diversity-Fraud |
| Plaintiff |
Docket Report
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| Filing 43 MANDATE of USCA as to #42 Notice of Appeal filed by Prescott Coverage, LLC, Jo Ann Prescott. It is ORDERED that the appeal is dismissed effective March 10, 2020 for failure of Appellant to file the Appellant's Form C by that date. Issued as Mandate: 4/17/20. USCA #20-518. (McGee, Mary Ann) |
| Electronic Index to Record on Appeal sent to US Court of Appeals. #42 Notice of Appeal Documents are available via Pacer. For docket entries without a hyperlink or for documents under seal, contact the court and we'll arrange for the document(s) to be made available to you. (McGee, Mary Ann) |
| Filing 42 NOTICE OF APPEAL by Jo Ann Prescott, Prescott Coverage, LLC. Filing fee $ 505, receipt number ANYEDC-12361209. (Padilla, Jeffrey) |
| Filing 41 JUDGMENT: ORDERED and ADJUDGED that Prescott's objections are overruled; that Nationwides motion for summary judgment is granted; and that its motion for sanctions is denied. Signed Douglas C. Palmer, Clerk of Court by Jalitza Poveda, Deputy Clerk on 1/8/2020. (Almonte, Giselle) |
Filing 40
ORDER ADOPTING REPORT AND RECOMMENDATIONS: Judge Tiscione's #36 Report and Recommendations is adopted in the entirety, Prescott's objections are overruled. The Court grants Nationwide's #34 Motion for Summary Judgment and denies #35 Motion for Sanctions. So Ordered by Judge Eric N. Vitaliano on 12/18/2019. (Almonte, Giselle)
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| Filing 39 REPLY in Support re #37 Objection to Report and Recommendations, #36 REPORT AND RECOMMENDATIONS re #35 MOTION for Sanctions filed by Nationwide Mutual Insurance Company, #34 MOTION for Summary Judgment filed by Nationwide Mutual Insurance Company, #38 Memorandum in Opposition REPLY TO DEFENDANT NATIONWIDE'S OPPOSITION TO THE PRESCOTT PLAINTIFFS' OBJECTION TO PARTS I.B.(iii) AND (iv) OF THE REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE TISCIONE (DOC. No. 36) filed by All Plaintiffs. (Tedards, William) |
| Filing 38 MEMORANDUM in Opposition re #37 Objection to Report and Recommendations filed by All Defendants. (Haque, Ali) |
| Filing 37 OBJECTION to #36 Report and Recommendations The Prescott Plaintiffs' Objection to Parts I.B.(iii) and (iv) of the Report and Recommendation of Magistrate Judge Tiscione (Doc. No. 36) filed by All Plaintiffs. (Tedards, William) |
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Filing 36
REPORT AND RECOMMENDATION re #35 MOTION for Sanctions filed by Nationwide Mutual Insurance Company, #34 MOTION for Summary Judgment filed by Nationwide Mutual Insurance Company. For the reasons set forth in the attached Report and Recommendation, the Court recommends that (i) Defendant's Motion for Summary Judgment be granted, and (ii) Defendant's Motion for Sanctions be denied. Objections to R&R due by 9/10/2019. Ordered by Magistrate Judge Steven Tiscione on 8/27/2019. (Campbell, Ian)
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| Email Notification Test - DO NOT REPLY (Lee, Tiffeny) |
| Filing 35 MOTION for Sanctions by Nationwide Mutual Insurance Company. (Attachments: #1 Exhibit A to Def Mtn for Sanctions, #2 Exhibit B to Def Mtn for Sanctions, #3 Exhibit C to Def Mtn for Sanctions, #4 Exhibit D to Def Mtn for Sanctions, #5 Memorandum in Opposition to Def Mtn for Sanctions, #6 Exhibit A to Plf Mmo in Opp to Def Mtn for Sanctions, #7 Memorandum in Support of Def Mtn for Sanctions, #8 Exhibit A to Def Mmo in Support of Mtn for Sanctions) (Haque, Ali) |
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ORDER REFERRING MOTIONS: #35 MOTION for Sanctions filed by Nationwide Mutual Insurance Company, #34 MOTION for Summary Judgment filed by Nationwide Mutual Insurance Company. The motion for summary judgment and companion motion for sanctions are respectfully referred to Magistrate Judge Steven Tiscione for a Report & Recommendation. Ordered by Judge Eric N. Vitaliano on 3/15/2019. (Gottlieb, Spencer)
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| Filing 34 MOTION for Summary Judgment by Nationwide Mutual Insurance Company. (Attachments: #1 Rule 56.1 Statement of Defendant, #2 Exhibit A to Def Mtn for Summary Jdgnt, #3 Exhibit B to Def Mtn for Summary Jdgmt, #4 Memorandum in Opposition to Def Mtn for Summary Jdgmt, #5 Rule 56.1 Statement of Plfs, #6 Exhibit A to Plfs Mmo in Opp to Def Mtn for Summary Jdgmt, #7 Exhibit B to Plfs Mmo in Opp to Def Mtn for Summary Jdgmt, #8 Exhibit C to Plfs Mmo in Opp to Def Mtn for Summary Jdgmt, #9 Exhibit D to Plfs Mmo in Opp to Def Mtn for Summary Jdgmt, #10 Exhibit E to Plfs Mmo in Opp to Def Mtn for Summary Jdgmt, #11 Exhibit F to Plfs Mmo in Opp to Def Mtn for Summary Jdgmt, #12 Memorandum in Support of Def Mtn for Summary Jdgmt, #13 Rule 56.1 Statement Reply of Defendant, #14 Exhibit C to Def Reply in Support of Mtn for Summary Jdgmt, #15 Exhibit D to Def Reply in Support of Mtn for Summary Jdgmt, #16 Exhibit E to Def Reply in Support of Mtn for Summary Jdgmt) (Haque, Ali) |
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Filing 33
SCHEDULING ORDER RE: DEFT'S MOTION FOR SANCTIONS: Application Granted. Defendant shall serve its Motion for Sanctions and documents in support thereof on or before February 16, 2019. Plaintiffs shall serve their opposition to Defendant's Motion for Sanctions on or before March 1, 2019. Defendant shall serve its reply brief in support of its Motion for Sanctions on or before March 15, 2019. (Ordered by Judge Eric N. Vitaliano on 2/5/2019) C/M (Galeano, Sonia) (Galeano, Sonia)
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| Filing 32 STIPULATION Regarding Briefing Schedule Regarding Defendants Mtn for Sanctions by Nationwide Mutual Insurance Company (Haque, Ali) |
| Filing 31 Proposed Scheduling Order revising Briefing Schedule by Nationwide Mutual Insurance Company (O'Toole, Kimberly) |
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ORDER re #31 Proposed Scheduling Order filed by Nationwide Mutual Insurance Company. The Court, on consent, grants defendant's request for an extension of time. Defendant's fully-briefed motion for summary judgment shall be filed on ECF by 2/5/2019. Ordered by Judge Eric N. Vitaliano on 1/17/2019. (Gottlieb, Spencer)
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| Filing 30 Proposed Scheduling Order Regarding Briefing Schedule by Nationwide Mutual Insurance Company (Haque, Ali) |
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ORDER: The #30 proposed briefing schedule is adopted. Defendant's motion for summary judgment shall be served by December 21, 2018; plaintiffs' opposition by January 11, 2019; and defendant's reply by February 1, 2019. The fully-briefed motion shall be filed on ECF in accordance with the Bundling Rule. Ordered by Judge Eric N. Vitaliano on 11/28/2018. (Gottlieb, Spencer)
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ORDER denying #28 Motion for Pre Motion Conference; finding as moot #26 Motion for Judgment on the Pleadings. Having reviewed the parties' submissions, the Court concludes that a pre-motion conference is unnecessary. However, defendant may proceed with its motion for summary judgment. Accordingly, defendant's motion for judgment on the pleadings is denied as moot. The parties are directed to file a joint proposed briefing schedule by December 3, 2018. Ordered by Judge Eric N. Vitaliano on 11/21/2018. (Gottlieb, Spencer)
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| Filing 29 RESPONSE to Motion re #28 MOTION for pre motion conference filed by All Plaintiffs. (Tedards, William) |
| Filing 28 MOTION for pre motion conference by Nationwide Mutual Insurance Company. (Haque, Ali) |
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ORDER granting #27 Motion to Adjourn Conference. The conference scheduled for August 8th is adjourned without date. So Ordered by Magistrate Judge Steven Tiscione on 8/6/2018. (Vasquez, Lea)
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| Filing 27 MOTION to Adjourn Conference by Nationwide Mutual Insurance Company. (Haque, Ali) |
| Filing 26 Fully Briefed MOTION for Judgment on the Pleadings by Nationwide Mutual Insurance Company. (Attachments: #1 Memorandum in Opposition, #2 Memorandum in Support) (Haque, Ali) |
| Filing 25 Minute Entry for Settlement Conference held on 5/15/2018 before Magistrate Judge Steven Tiscione: Tedards for Plaintiff; Haque & Wolf for Defendant. Settlement discussions were held but the parties were unable to reach a disposition at this time. The Court will hold a further settlement conference on August 8, 2018 at 11:00 a.m. (FTR Log #12:13 - 12:14, 1:34 - 1:36.) (Vasquez, Lea) |
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ORDER re #22 Stipulation filed by Nationwide Mutual Insurance Company. The Stipulation for Protective Order is approved and hereby entered as an Order of the Court. So Ordered by Magistrate Judge Steven Tiscione on 4/17/2018. (Swartz, Rochelle)
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| Filing 22 STIPULATION for Protective Order by Nationwide Mutual Insurance Company (Haque, Ali) |
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ORDER. The joint proposed briefing schedule for defendant's motion for judgment on the pleadings, as set forth in ECF Dkt. No. #21 , is adopted by the Court and so ordered. The parties are reminded to comply with all of the Court's individual rules, including Rule III.D (the "Bundling Rule"). Ordered by Judge Eric N. Vitaliano on 3/19/2018. (Fernandez, Ashley)
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| Filing 21 STIPULATION Regarding Briefing Schedule by Nationwide Mutual Insurance Company (Haque, Ali) |
| Filing 20 RESPONSE to Motion re #19 MOTION for pre motion conference filed by All Plaintiffs. (Tedards, William) |
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ORDER denying #19 Motion for Pre Motion Conference. Having reviewed the parties' submissions regarding defendant's #19 motion for a pre motion conference, the Court finds a pre motion conference is not necessary, but defendant may proceed with its motion for judgment on the pleadings. The parties may file a joint proposed briefing schedule with respect to the proposed motion no later than March 23, 2018. Ordered by Judge Eric N. Vitaliano on 3/9/2018. (Fernandez, Ashley)
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| Filing 19 MOTION for pre motion conference by Nationwide Mutual Insurance Company. (Haque, Ali) |
| Filing 18 NOTICE by Jo Ann Prescott of Rule 26(a)(1) Initial Disclosures (Tedards, William) |
| Filing 17 NOTICE by Nationwide Mutual Insurance Company of Rule 26(a)(1) Initial Disclosures (Haque, Ali) |
| Filing 16 NOTICE of Appearance by Ali Haque on behalf of Nationwide Mutual Insurance Company (notification declined or already on case) (Haque, Ali) |
| Filing 15 NOTICE of Appearance by Quintin F. Lindsmith on behalf of Nationwide Mutual Insurance Company (notification declined or already on case) (Lindsmith, Quintin) |
| Filing 14 Minute Entry for Initial Conference Hearing held on 2/22/2018 before Magistrate Judge Steven Tiscione: Padilla & Tedards for Plaintiffs; Haque for Defendant. The Court sets the following discovery deadlines: Deadline for completion of Rule 26(a) initial disclosures - 3/1/18; First requests for production of documents and interrogatories due by - 3/15/18; Completion of Phase I discovery - 4/30/18; Deadline for motions to join new parties or amend pleadings - 5/30/18; All fact discovery to be completed by 10/15/18; Final date to take first step in dispositive motion practice - 11/15/18. At the parties' request, the Court will bifurcate expert discovery and set a separate expert discovery schedule following decision on summary judgment. An in-person settlement conference will be held on May 15, 2018 at 12:00 p.m. Parties are to submit their respective settlement positions via ex parte electronic filing no later than May 12, 2018. Counsel are to refer to the Settlement Section of this Court's Individual Rules in preparation for the conference. (FTR Log #3:29 - 3:49.) (Vasquez, Lea) |
| Filing 13 Proposed Scheduling Order Discovery Plan Worksheet by Jo Ann Prescott (Attachments: #1 Exhibit Discovery Plan Worksheet) (Tedards, William) |
| Filing 12 NOTICE of Appearance by William P. Tedards, Jr on behalf of All Plaintiffs (aty to be noticed) (Tedards, William) |
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ORDER granting #11 Motion for Leave to Appear Pro Hac Vice. Having reviewed the Pro Hac Vice application #11 submitted by William P. Tedards, Jr. for Plaintiffs Jo Ann Prescott and Prescott Coverage, LLC d/b/a Prescott Insurance & Financial Services and found it to be in compliance with the local rules concerning attorney admissions, the application is approved. If not already done, the attorney shall register for ECF which is available online at the NYED's homepage. Once registered, the attorney shall file a notice of appearance and ensure that he receives electronic notifications of activity in this case. Also, the attorney shall ensure that the $150 admission fee is submitted to the Clerk's Office. So Ordered by Magistrate Judge Steven Tiscione on 2/13/2018. (Vasquez, Lea)
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| Filing 11 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-10190465. by Jo Ann Prescott, Prescott Coverage, LLC. (Attachments: #1 Affidavit in Support Affidavit: William P. Tedards, #2 Exhibit Ex. A: Certificate of Good Standing, #3 Proposed Order Proposed Order) (Padilla, Jeffrey) |
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Filing 10
SCHEDULING ORDER: An in-person initial conference will be held at 3:30 p.m. on February 22, 2018 before the undersigned in Hearing Room N504 in the North Wing. All counsel must attend. Counsel are directed to complete the attached Discovery Plan Worksheet and electronically file same with the Court no later than February 20th. So Ordered by Magistrate Judge Steven Tiscione on 1/29/2018. (Vasquez, Lea)
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ORDER granting #8 Motion for Leave to Appear Pro Hac Vice ; granting #9 Motion for Leave to Appear Pro Hac Vice. Having reviewed the Pro Hac Vice applications #8 and #9 submitted by Ali I. Haque and Quintin F. Lindsmith respectively for Defendant Nationwide Mutual Insurance Company and found them to be in compliance with the local rules concerning attorney admissions, the applications are approved. If not already done, the attorneys shall register for ECF which is available online at the NYED's homepage. Once registered, the attorneys shall each file a notice of appearance and ensure that they receive electronic notifications of activity in this case. Also, the attorneys shall ensure that the $150 admission fee per application is submitted to the Clerk's Office.. Ordered by Magistrate Judge Steven Tiscione on 1/10/2018. (Vasquez, Lea)
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| Filing 9 MOTION for Leave to Appear Pro Hac Vice Quintin F. Lindsmith Filing fee $ 150, receipt number 0207-10103071. by Nationwide Mutual Insurance Company. (Attachments: #1 Affidavit, #2 Proposed Order) (Lindsmith, Quintin) |
| Filing 8 MOTION for Leave to Appear Pro Hac Vice For Ali Haque Filing fee $ 150, receipt number 0207-10103022. by Nationwide Mutual Insurance Company. (Attachments: #1 Affidavit, #2 Proposed Order) (Haque, Ali) |
| Filing 7 Corporate Disclosure Statement by Nationwide Mutual Insurance Company (O'Toole, Kimberly) |
| Filing 6 ANSWER to #1 Complaint,,,,, by Nationwide Mutual Insurance Company. (O'Toole, Kimberly) |
| Filing 5 SUMMONS Returned Executed by Jo Ann Prescott, Prescott Coverage, LLC. Nationwide Mutual Insurance Company served on 12/6/2017, answer due 12/27/2017. (Padilla, Jeffrey) |
| Filing 4 Summons Issued as to Nationwide Mutual Insurance Company. (Davis, Kimberly) |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly) |
| Filing 2 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) |
| Case Assigned to Judge Eric N. Vitaliano and Magistrate Judge Steven Tiscione. 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. (Davis, Kimberly) |
| Filing 1 COMPLAINT against Nationwide Mutual Insurance Company filing fee $ 400, receipt number 0207-9966396 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Jo Ann Prescott, Prescott Coverage, LLC. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons, #3 Exhibit Exhibit 1 - Prescott counsels letter #1 to Nationwides counsel, #4 Exhibit Exhibit 2 - Nationwide counsels response to letter #1, #5 Exhibit Exhibit 3 - Prescott counsels letter #2 to Nationwides counsel, #6 Exhibit Exhibit 4 - Nationwide counsels response to letter #2, #7 Exhibit Exhibit 5 - Balcarcel counsels letter to Nationwide New York State Sales Manager Brinker re requirements, #8 Exhibit Exhibit 6 - Notice of Meeting on Friday, January 04, 2008, 9:30 AM - 11:15, #9 Exhibit Exhibit 7 - Balcarcel counsels letter to Nationwide unilaterally terminating Balcarcels contract and tendering the business back to Nationwide as of April 18, 2008, #10 Exhibit Exhibit 8 - [Interim] SERVICING AGENTS AGREEMENT [Jo Ann Prescott], #11 Exhibit Exhibit 9 - POLICY ASSIGNMENT AND SERVICE AGREEMENT [Jo Ann Prescott], #12 Exhibit Exhibit 10 - COMPLAINT [Balcarcel v. Nationwide, Doc# 1], #13 Exhibit Exhibit 11 - [Joint] STIPULATION OF DISMISSAL [Balcarcel v. Nationwide, Doc# 17], #14 Exhibit Exhibit 12 - [Court] STIPULATION OF DISMISSAL [Balcarcel v. Nationwide, Doc# 18]) (Padilla, Jeffrey) |
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