Babchuk v. The Hartford Fire Insurance Company et al
| Orest Babchuk |
| The Hartford Fire Insurance Company, Kah Insurance Brokerage Inc. and Aon National Flood Services |
| 1:2018cv04994 |
| September 4, 2018 |
| US District Court for the Eastern District of New York |
| Frederic Block |
| James Orenstein |
| Insurance |
| 28 U.S.C. § 1441 Petition for Removal- Breach of Contract |
| None |
Docket Report
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This docket was last retrieved on October 30, 2018. A more recent docket listing may be available from PACER.
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| Filing 26 NOTICE of Appearance by Michael Craig Byrne on behalf of Kah Insurance Brokerage Inc. (aty to be noticed) (Byrne, Michael) |
| Filing 25 NOTICE of Appearance by Anne Berkowitz Sekel on behalf of Aon National Flood Services (aty to be noticed) (Sekel, Anne) |
| Filing 24 Corrected Minute Entry for proceedings held before Magistrate Judge James Orenstein:Initial Conference Hearing held on 10/30/2018. Scheduling: The initial conference will continue on November 6, 2018, at 10:00 a.m. Summary: Counsel for defendant Kah did not appear as required, despite having already participated in the case. See Docket Entries 6 & 21. To minimize the prejudice to defendant Kah arising from its lack of representation at today's conference, I respectfully direct its counsel, Michael Byrne, to secure the minutes of today's proceeding (at his own expense and not the client's), to provide copies of that transcript and of this order to defendant Kah, and to certify compliance with the foregoing directives by November 30, 2018. Because Kah's absence precluded a full discussion of the issues pertinent to case management, I continued the conference as scheduled above. In advance of the next appearance, I respectfully direct counsel to meet and confer in an effort to streamline outstanding matters, including the issue of service of process. (Orenstein, James) (Main Document 24 replaced on 10/30/2018) (Guy, Alicia). |
| Filing 23 STIPULATION Extending Defendant Aon National Flood Service Inc.'s Time to Respond to Complaint by Aon National Flood Services (Sekel, Anne) |
ORDER re #23 Stipulation -- The stipulation is so ordered; the defendant Aon National Flood Services, Inc. shall answer or otherwise respond to the complaint by November 6, 2018. Ordered by Magistrate Judge James Orenstein on 10/29/2018. (Roantree, Bronwyn)
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| Filing 22 Letter Attaching Joint Proposed Discovery Plan by Aon National Flood Services (Attachments: #1 Exhibit Joint Proposed Discovery Plan) (Sekel, Anne) |
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ORDER re 21 Disclosure of Interested Parties -- Counsel is reminded that pursuant to Federal Rule of Civil Procedure 5(d), discovery requests and materials produced in pretrial disclosure and discovery shall not be filed with the clerk's office except by order of the court. Fed. R. Civ. P. 5(d)(1) ("[D]isclosures under Rule 26(a)(1) or (2) and the following discovery requests and responses must not be filed until they are used in the proceeding or the court orders filing: depositions, interrogatories, requests for documents or tangible things or to permit entry onto land, and requests for admission."). Counsel is reminded to correctly describe those materials that are properly filed. The Clerk of Court is respectfully directed to strike docket entry 21 . Ordered by Magistrate Judge James Orenstein on 10/26/2018. (Roantree, Bronwyn)
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| Filing 21 STRICKEN DISCLOSURE of Interested Parties by Kah Insurance Brokerage Inc.. (Byrne, Michael) Stricken pursuant to Order dated October 26, 2018, of Magistrate James Orenstein. Modified on 10/26/2018 (Guy, Alicia). |
| Filing 20 STIPULATION Extending Defendant Aon National Flood Service Inc.'s Time to Respond to Complaint by Aon National Flood Services (Sekel, Anne) |
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ORDER re #20 Stipulation -- The stipulation is so ordered; the defendant Aon National Flood Services, Inc. shall answer or otherwise respond to the complaint by October 29, 2018. Ordered by Magistrate Judge James Orenstein on 10/22/2018. (Roantree, Bronwyn)
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| Filing 19 DISCLOSURE of Interested Parties by Orest Babchuk. (Attachments: #1 Affidavit of Service) (Pontone, Michael) |
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ORDER re #19 Disclosure of Interested Parties -- Counsel is reminded that pursuant to Federal Rule of Civil Procedure 5(d), discovery requests and materials produced in pretrial disclosure and discovery shall not be filed with the clerk's office except by order of the court. Fed. R. Civ. P. 5(d)(1) ("[D]isclosures under Rule 26(a)(1) or (2) and the following discovery requests and responses must not be filed until they are used in the proceeding or the court orders filing: depositions, interrogatories, requests for documents or tangible things or to permit entry onto land, and requests for admission."). Counsel is reminded to correctly describe those materials that are properly filed. Ordered by Magistrate Judge James Orenstein on 10/18/2018. (Roantree, Bronwyn)
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ORDER re #18 Stipulation -- The stipulation is so ordered; the defendant Aon National Flood Services, Inc., shall answer or otherwise respond to the complaint by October 22, 2018. Ordered by Magistrate Judge James Orenstein on 10/9/2018. (Roantree, Bronwyn)
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| Filing 18 STIPULATION Extending Defendant Aon National Flood Services Inc.'s Time to Respond to Complaint by Aon National Flood Services (Sekel, Anne) |
| Filing 17 NOTICE of Appearance by Patrick T. Bergin on behalf of The Hartford Fire Insurance Company (aty to be noticed) (Bergin, Patrick) |
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Filing 16
ORDER granting #13 Motion for Leave to Appear Pro Hac Vice --- Attorney Patrick T. Bergin, Esq. is permitted to argue or try this case in whole or in part as counsel or advocate. By September 25, 2018, Mr. Bergin must register for ECF. Registration is available online at the EDNY's homepage. Once registered, Mr. Bergin must file a notice of appearance and ensure that he receives electronic notification of activity in this case. Mr. Bergin shall also ensure that the $150 admission fee be submitted to the Clerk's Office. Ordered by Magistrate Judge James Orenstein on 9/18/2018. (Guy, Alicia)
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| Filing 15 NOTICE of Appearance by Michael B. Beers on behalf of The Hartford Fire Insurance Company (aty to be noticed) (Beers, Michael) |
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ORDER TO VACATE --- The Clerk of Court is respectfully directed to vacate the Order denying Patrick T. Bergin's Motion for Leave to Appear Pro Hac Vice dated September 18, 2018. Ordered by Magistrate Judge James Orenstein on 9/18/2018. (Guy, Alicia)
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VACATED ORDER denying #13 Motion for Leave to Appear Pro Hac Vice -- The motion is denied without prejudice to the movant's right to seek reconsideration in conformity with this court's local rules, which require that an application for admission pro hac vice include a properly sworn and notarized affidavit stating (a) whether the applicant has ever been convicted of a felony, (b) whether the applicant has ever been censured, suspended, disbarred or denied admission or readmission by any court, (c) whether there are any disciplinary proceedings presently against the applicant, and (d) the facts and circumstances surrounding any affirmative responses to (a) through (c). See Loc. Civ. R. 1.3(c). If the applicant seeks reconsideration, he must do so no later than Tuesday October 2, 2018. Ordered by Magistrate Judge James Orenstein on 9/18/2018. (Roantree, Bronwyn) Vacated on 9/18/2018 pursuant to Order dated 9/18/18 (Guy, Alicia).
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| Filing 14 STIPULATION Extending Defendant Aon National Flood Services Inc.'s Time to Respond to Complaint by Aon National Flood Services (Sekel, Anne) |
| Filing 13 First MOTION for Leave to Appear Pro Hac Vice on behalf of Patrick T. Bergin Filing fee $ 150, receipt number 0207-10732616. by The Hartford Fire Insurance Company. (Attachments: #1 Affidavit of Anne Marie Esposito, #2 Exhibit "A" - Affidavit of Patrick T. Bergin, #3 Proposed Order) (Esposito, Anne) |
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ORDER re #14 Stipulation -- The stipulation is so ordered; the defendant shall answer or otherwise respond to the complaint by October 9, 2018. Ordered by Magistrate Judge James Orenstein on 9/17/2018. (Roantree, Bronwyn)
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Filing 12
ORDER granting #11 Motion for Leave to Appear Pro Hac Vice -- Attorney Michael Beers, Esq. is permitted to argue or try this case in whole or in part as counsel or advocate. By September 21, 2018, Mr. Beers shall register for ECF. Registration is available online at the EDNY's homepage. Once registered, Mr. Beers shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Mr. Beers shall also ensure that the $150 admission fee be submitted to the Clerk's Office. Ordered by Magistrate Judge James Orenstein on 9/14/2018. (Drake, Shaw)
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| Filing 11 Second MOTION for Leave to Appear Pro Hac Vice on behalf of Michael B. Beers Filing fee $ 150, receipt number 0207-10725241. by The Hartford Fire Insurance Company. (Attachments: #1 Affidavit of Anne Marie Esposito, #2 Exhibit "A" - Affidavit of Michael B. Beers with certificates of good standing, #3 Proposed Order) (Esposito, Anne) |
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Filing 10
ORDER denying #8 Motion for Leave to Appear Pro Hac Vice -- The motion is denied without prejudice to the movant's right to seek reconsideration in conformity with this court's local rules, which require that an application for admission pro hac vice include a properly sworn and notarized affidavit stating (a) whether the applicant has ever been convicted of a felony, (b) whether the applicant has ever been censured, suspended, disbarred or denied admission or readmission by any court, (c) whether there are any disciplinary proceedings presently against the applicant, and (d) the facts and circumstances surrounding any affirmative responses to (a) through (c). See Loc. Civ. R. 1.3(c). If the applicant seeks reconsideration, he must do so no later than September 26, 2018. Ordered by Magistrate Judge James Orenstein on 9/12/2018. (Drake, Shaw)
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| Filing 9 ANSWER to Complaint by The Hartford Fire Insurance Company. (Esposito, Anne) |
| Filing 8 MOTION for Leave to Appear Pro Hac Vice on behalf of Michael B. Beers Filing fee $ 150, receipt number 0207-10719276. by The Hartford Fire Insurance Company. (Attachments: #1 Affidavit, #2 Proposed Order) (Esposito, Anne) |
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Filing 7
SCHEDULING ORDER: Pursuant to Federal Rule of Civil Procedure 16(a), I order the parties to appear for an initial discovery planning conference on, October 30, 2018, at 10:00 a.m. in Courtroom 11D South of the United States Courthouse, 225 Cadman Plaza East, Brooklyn, New York. No later than October 26, 2018, the parties must submit, by means of electronic filing on the court's ECF (Electronic Case Filing) system, a joint proposed discovery plan. Each party's counsel must be personally prepared to discuss all factual and legal issues in the case, including the possibility of settlement; otherwise, the client must attend in person as well. SEE ATTACHED ORDER. Ordered by Magistrate Judge James Orenstein on 9/11/2018. (Guy, Alicia)
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| Filing 6 NOTICE by Kah Insurance Brokerage Inc. Notice of Consent to Removal (Byrne, Michael) |
| Filing 5 NOTICE by Aon National Flood Services re #1 Notice of Removal, Defendant Aon National Flood Service Inc.'s Notice of Consent to Removal (Sekel, Anne) |
| Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) |
| Filing 3 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. (Bowens, Priscilla) |
| Case assigned to Judge Frederic Block and Magistrate Judge James Orenstein. 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. (Bowens, Priscilla) |
| Filing 2 Corporate Disclosure Statement by The Hartford Fire Insurance Company identifying Corporate Parent The Hartford Financial Services Group, Inc. for The Hartford Fire Insurance Company. (Esposito, Anne) |
| Filing 1 NOTICE OF REMOVAL by The Hartford Fire Insurance Company from Supreme Court of the State of New York, County of Richmond, case number 152018/2018. (Attachments: #1 Civil Cover Sheet, #2 Exhibit "A" - State Court Documents, #3 Exhibit "B" - Consent) (Esposito, Anne) |
| CIVIL CASE FILING FEE: $ 400, receipt number 0207-10701716 (Esposito, Anne) |
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