DeVivo Associates, Inc et al v. Nationwide Mutual Insurance Co.
Plaintiff: Devivo Associates, Inc, Mr. Dennis J. Devivo and Dennis J. DeVivo
Defendant: Nationwide Mutual Insurance Co.
Case Number: 1:2019cv02593
Filed: May 2, 2019
Court: US District Court for the Eastern District of New York
Presiding Judge: Pamela K Chen
Referring Judge: James Orenstein
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332 Diversity-Breach of Contract
Jury Demanded By: None
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Docket Report

This docket was last retrieved on January 28, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 28, 2021 Filing 57 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on May 29, 2020, before Judge Chen. Court Reporter/Transcriber Charleane M. Heading, Telephone number 718-613-2643. Email address: cheading@aol.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 2/18/2021. Redacted Transcript Deadline set for 3/1/2021. Release of Transcript Restriction set for 4/28/2021. (Heading, Charleane)
September 1, 2020 Opinion or Order ORDER DISMISSING CASE: In light of #56 Plaintiffs' letter, this case is dismissed. Ordered by Judge Pamela K. Chen on 9/1/2020. (Wisotsky, Shira)
August 31, 2020 Filing 56 Letter Response to Minute Entry of August 14, 2020 by Dennis J. DeVivo, DeVivo Associates, Inc (Tedards, William)
August 14, 2020 Filing 55 MOTION to Withdraw as Attorney by Nationwide Mutual Insurance Co.. (Borsay, Casteel)
August 14, 2020 Opinion or Order ORDER granting #55 Motion to Withdraw as Attorney -- The motion is granted; attorney Casteel Borsay is terminated. Ordered by Magistrate Judge James Orenstein on 8/14/2020. (Walker, Anna)
August 13, 2020 Minute Entry for proceedings held before Judge Pamela K. Chen: Pre-motion conference held on 8/13/2020, via telephone. Appearances by William Tedards, Jr. for Plaintiffs; Quintin Lindsmith, Ali Haque, and Elizabeth Kessler for Defendants. Case called. Discussion held. By August 31, 2020, Plaintiffs shall either file a letter indicating that they wish to close this case and re-start their litigation, or file their motion to amend, including a proposed amended complaint. (Court Reporter Linda Danelczyk.) (Abdallah, Fida)
August 2, 2020 Opinion or Order ORDER: In light of #54 Plaintiffs' letter, the Court finds that #53 Defendant's motion for a pre-motion conference is moot. However, the Court shall hold a conference on August 13, 2020, at 3 p.m., via telephone, to discuss #54 Plaintiffs' proposed renewed motion to amend their complaint. The parties shall call the conference number 888-684-8852, and use access code 7245547. Ordered by Judge Pamela K. Chen on 8/2/2020. (Wisotsky, Shira)
July 30, 2020 Filing 54 Letter Plaintiffs' response to Defendant's pre-motion letter #53 by Dennis J. DeVivo, DeVivo Associates, Inc (Tedards, William)
July 24, 2020 Filing 53 MOTION for pre motion conference by Nationwide Mutual Insurance Co.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Lindsmith, Quintin)
May 29, 2020 Opinion or Order Filing 52 ORDER: For the reasons set forth in the attached Memorandum and Order, Plaintiffs' motion for a preliminary injunction is denied. Ordered by Judge Pamela K. Chen on 5/29/2020. (Larson, Emma)
May 26, 2020 Minute Order for proceedings held before Judge Pamela K. Chen: Motion hearing held, via telephone, on 5/26/2020. Appearances by William Tedards, Jr. for Plaintiffs; Quintin Lindsmith, Ali Haque, and Elizabeth Kessler for Defendant. Also present was Paul MacKenzie, the client representative for Defendant. Case called. Discussion held. The Court reserved judgment on #44 Plaintiffs' motion for a preliminary injunction with a written decision to follow. For the reasons stated on the record, Plaintiffs' #49 motion for leave to file a second amended class action complaint is denied with leave to renew. (Court Reporter Charleane Heading.) (Wisotsky, Shira)
May 21, 2020 Filing 51 REPLY in Support re #50 Memorandum in Opposition, #49 First MOTION for Leave to File Document PLAINTIFFS DeVIVO ASSOCIATES, INC. AND DENNIS J. DeVIVO'S NOTICE OF MOTION FOR LEAVE TO FILE SECOND AMENDED CLASS ACTION COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF filed by All Plaintiffs. (Tedards, William)
May 20, 2020 Filing 50 MEMORANDUM in Opposition re #49 First MOTION for Leave to File Document PLAINTIFFS DeVIVO ASSOCIATES, INC. AND DENNIS J. DeVIVO'S NOTICE OF MOTION FOR LEAVE TO FILE SECOND AMENDED CLASS ACTION COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF filed by Nationwide Mutual Insurance Co.. (Lindsmith, Quintin)
May 12, 2020 Opinion or Order ORDER: The hearing on #44 Plaintiffs' motion for a preliminary injunction ("PI") scheduled for May 19, 2020 is adjourned. The Court shall hold a hearing on #44 Plaintiffs' motion for a PI, and a conference on #49 Plaintiffs' motion for leave to file a second amended class action complaint, on May 26, 2020, at 11 a.m, via telephone. On the day of the hearing the parties shall call the conference number 888-684-8852 and use access code 7245547. Defendant may, but is not required, to submit a response to #49 the motion for leave to file a second amended class action complaint by May 20, 2020. Ordered by Judge Pamela K. Chen on 5/12/2020. (Wisotsky, Shira)
May 11, 2020 Filing 49 First MOTION for Leave to File Document PLAINTIFFS DeVIVO ASSOCIATES, INC. AND DENNIS J. DeVIVO'S NOTICE OF MOTION FOR LEAVE TO FILE SECOND AMENDED CLASS ACTION COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF by Dennis J. DeVivo, DeVivo Associates, Inc. (Attachments: #1 Memorandum in Support PLAINTIFFS DeVIVO ASSOCIATES, INC. AND DENNIS J. DeVIVO'S MEMORANDUM IN SUPPORT OF MOTION FOR LEAVE TO FILE SECOND AMENDED CLASS ACTION COMPLAINT, #2 Exhibit SECOND AMENDED CLASS ACTION COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF, #3 Exhibit A - CORPORATE AGENCY AGREEMENT, #4 Exhibit B - May 10 2018 Communication, #5 Exhibit C - March 15 2019 Communication, #6 Exhibit D - [SAMPLE] Asset Transfer Agreement) (Tedards, William)
May 8, 2020 Filing 48 MANDATE of USCA as to #35 Notice of Appeal filed by DeVivo Associates, Inc, Dennis J. DeVivo. It is Ordered that the judgment of the District Court is AFFIRMED in part and VACATED and REMANDED in part. See document for further details. Issued as Mandate: 5/7/20. USCA #19-2263 (McGee, Mary Ann)
May 5, 2020 Filing 47 REPLY in Support re #44 MOTION for Preliminary Injunction filed by All Plaintiffs. (Tedards, William)
April 29, 2020 Filing 46 Letter MOTION for Leave to File Excess Pages by Dennis J. DeVivo, DeVivo Associates, Inc. (Tedards, William)
April 29, 2020 Opinion or Order ORDER: Plaintiffs' #46 motion for leave to file excess pages is granted. Plaintiffs' Reply Memorandum shall be limited to fifteen (15) pages. Ordered by Judge Pamela K. Chen on 4/29/2020. (Wisotsky, Shira)
April 28, 2020 Filing 45 MEMORANDUM in Opposition re #44 MOTION for Preliminary Injunction filed by Nationwide Mutual Insurance Co.. (Attachments: #1 Exhibit Schedule of Exhibits, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O, #17 Exhibit P, #18 Exhibit Q, #19 Exhibit R, #20 Exhibit S, #21 Exhibit T, #22 Exhibit U, #23 Exhibit V, #24 Exhibit W) (Lindsmith, Quintin)
April 28, 2020 Opinion or Order ORDER: The Court shall hold a hearing on #44 Plaintiffs' motion for a preliminary injunction on May 19, 2020, at 11 a.m., via telephone. On the day of the hearing, the parties shall call the conference number 888-684-8852 and use access code 7245547. Ordered by Judge Pamela K. Chen on 4/28/2020. (Wisotsky, Shira)
April 14, 2020 Filing 44 MOTION for Preliminary Injunction by Dennis J. DeVivo, DeVivo Associates, Inc. (Attachments: #1 Memorandum in Support Plaintiffs DeVivo Associates, Inc. and Dennis J. DeVivo's Memorandum in Support of Motion for a Preliminary Injunction, #2 Declaration Exhibit 1 - Declaration of Dennis J. DeVivo, #3 Attachment 1 - SAMPLE Asset Transfer Agreement, #4 Attachment 2 - SAMPLE Independent Contractor Agency Agreement, #5 Attachment 3 - DeVivo ACE Valuations, #6 Attachment 4 - DeVivo email to Nationwide [03-25-2020], #7 Attachment 5 - Nationwide email to DeVivo [04-06-2020[, #8 Declaration Exhibit 2 - Declaration of William P. Tedards, Jr., #9 Attachment 1 - Excerpts from Nationwide admissions responses, #10 Attachment 2 - Excerpts from Stover Depo Transcript) (Tedards, William)
April 14, 2020 Opinion or Order ORDER: The Court is in receipt of #43 Plaintiffs' letter and the voice message left by Plaintiffs' counsel requesting that a status conference be scheduled in this matter. The Court also notes #38 the decision from the Second Circuit indicating that they are remanding this case. Even though the mandate from the Second Circuit has not yet been docketed, the Court assumes it has jurisdiction to proceed in this matter on remand. However, rather than negotiating a briefing schedule, Plaintiffs are directed to electronically file their motion for a preliminary injunction with the Court by close of business tomorrow, April 15, 2020. Defendant is directed to reply as required by Local Rule 6.1(b). The Court will thereafter schedule a hearing on the matter. Ordered by Judge Pamela K. Chen on 4/14/2020. (Wisotsky, Shira)
April 11, 2020 Filing 43 Letter Letter to Counsel transmitting Motion for a Preliminary Injunction with proposed briefing schedule by Dennis J. DeVivo, DeVivo Associates, Inc (Tedards, William)
March 30, 2020 Filing 42 ANSWER to #10 Amended Complaint, by Nationwide Mutual Insurance Co.. (Benshoff, Elizabeth)
March 30, 2020 Filing 41 Corporate Disclosure Statement by Nationwide Mutual Insurance Co. (Benshoff, Elizabeth)
March 20, 2020 Filing 40 NOTICE of Appearance by Elizabeth Benshoff on behalf of Nationwide Mutual Insurance Co. (notification declined or already on case) (Benshoff, Elizabeth)
March 19, 2020 Opinion or Order ORDER granting #39 Motion for Leave to Appear Pro Hac Vice -- Attorney Elizabeth A. Benshoff, Esq. is permitted to argue or try this case in whole or in part as counsel or advocate. By March 26, 2020, Ms. Benshoff shall register for ECF. Registration is available online at the EDNY's homepage. Once registered, Ms. Benshoff shall file a notice of appearance and ensure that she receives electronic notification of activity in this case. Ms. Benshoff shall also ensure that the $150 admission fee be submitted to the Clerk's Office. Ordered by Magistrate Judge James Orenstein on 3/19/2020. (Walker, Anna)
March 18, 2020 Filing 39 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-12556600. by Nationwide Mutual Insurance Co.. (Attachments: #1 Affidavit, #2 Certificate of Good Standing) (Benshoff, Elizabeth)
March 16, 2020 Opinion or Order Filing 38 ORDER of USCA as to #35 Notice of Appeal filed by DeVivo Associates, Inc, Dennis J. DeVivo. It is Ordered that the judgment of the District Court is AFFIRMED in part and VACATED and REMANDED in part. Please Note: The USCA Mandate has not yet been issued. Certified Copy Issued: 3/16/20. USCA #19-2263-cv. (McGee, Mary Ann)
January 3, 2020 Filing 37 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on July 17, 2019, before Judge Pamela K. Chen. Court Reporter/Transcriber David R. Roy, Telephone number (718) 613-2609. Email address: drroyofcr@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 1/24/2020. Redacted Transcript Deadline set for 2/3/2020. Release of Transcript Restriction set for 4/2/2020. (Roy, David)
August 28, 2019 Filing 36 TRANSCRIPT of Proceedings held on July 10, 2019, before Judge Orenstein. Court Transcriber Transcription Plus II, Inc.. Email address: laferrara44@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 9/18/2019. Redacted Transcript Deadline set for 9/30/2019. Release of Transcript Restriction set for 11/26/2019. (Rocco, Christine)
July 24, 2019 Electronic Index to Record on Appeal sent to US Court of Appeals. #35 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)
July 23, 2019 Filing 35 NOTICE OF APPEAL as to #34 Clerk's Judgment, by Dennis J. DeVivo, DeVivo Associates, Inc. Filing fee $ 505, receipt number ANYEDC-11692066. Appeal Record due by 8/6/2019. (Tedards, William)
July 18, 2019 Filing 34 CLERK'S JUDGMENT- An Order of the Honorable Pamela K. Chen, United States District Judge, having been filed on July 17, 2019, granting Defendants' motion to dismiss the complaint; it is ORDERED and ADJUDGED that the Defendant's motion to dismiss the complaint is granted; and that this case is closed. Signed by Douglas C. Palmer, Clerk of Court by Deputy Clerk Jalitza Poveda on 7/18/2019. (Love, Alexis)
July 17, 2019 Minute Order for proceedings held before Judge Pamela K. Chen: Oral Argument on #22 Defendant's Motion to Dismiss held on 7/17/2019. Appearances by William P. Tedards, Jr., Thomas Geoghegan, and Plaintiff Dennis J. DeVivo for Plaintiffs; Quintin F. Lindsmith and Paul MacKenzie for Defendant. Case called. Discussion held. For the reasons stated on the record, the Court granted #22 Defendant's motion to dismiss the complaint. Accordingly, the Clerk of Court is respectfully directed to enter judgment and close this case. (Court Reporter David Roy) (Knapp, Cody)
July 11, 2019 Filing 33 Letter Reply In Support Of Motion To Dismiss by Nationwide Mutual Insurance Co. (Attachments: #1 Exhibit A) (Kessler, Elizabeth)
July 10, 2019 Opinion or Order Filing 32 SCHEDULING ORDER: Deadline for all Rule 26(a)(1) disclosures: July 10, 2019. First request for production of documents and first request for interrogatories due by: August 1, 2019. Deadline for joinder of additional parties and amendment of pleadings: September 30, 2019. Status Conference (with joint status report due two business days in advance): November 7, 2019, at 10:30 a.m. All discovery to be completed by: December 10, 2019. Pretrial Conference (ex parte statements of settlement position due via email two business days in advance): December 30, 2019, at 9:30 a.m. Dispositive motion process started by: January 13, 2020. Further proceedings, including class certification motion, and submission of the joint pretrial order: To be scheduled. SEE ATTACHED ORDER. Ordered by Magistrate Judge James Orenstein on 7/10/2019. (Orenstein, James)
July 10, 2019 Filing 31 Minute Entry for proceedings held before Magistrate Judge James Orenstein:Initial Conference Hearing held on 7/10/2019. Scheduling: (1) The next status conference will be held on November 7, 2019, at 10:30 a.m. (2) A pretrial conference will be held on December 30, 2019, at 9:30 a.m. Summary: I will enter a separate case management and scheduling order as discussed on the record at today's conference. (Orenstein, James)
July 10, 2019 Filing 30 NOTICE of Appearance by Willem Bloom on behalf of All Plaintiffs (notification declined or already on case) (Bloom, Willem)
July 10, 2019 Filing 29 NOTICE of Appearance by Thomas Geoghegan on behalf of All Plaintiffs (notification declined or already on case) (Geoghegan, Thomas)
July 8, 2019 Filing 28 Proposed Scheduling Order Rule 26(f) Initial Joint Discovery Plan with Supplement by Dennis J. DeVivo, DeVivo Associates, Inc, REPORT of Rule 26(f) Planning Meeting (Attachments: #1 Exhibit Attachment A - Supplement to Initial Joint Conference Questionnaire) (Tedards, William)
July 3, 2019 Filing 27 Letter Supplementing Plaintiffs' Response to Defendant's Motion to Dismiss by Dennis J. DeVivo, DeVivo Associates, Inc (Tedards, William)
June 21, 2019 Filing 26 Letter Supplementing Defendant's Motion To Dismiss by Nationwide Mutual Insurance Co. (Kessler, Elizabeth)
June 18, 2019 Opinion or Order ORDER denying #25 Motion to Adjourn Conference -- In the absence of consent, I deny the motion. Ordered by Magistrate Judge James Orenstein on 6/18/2019. (Gustafson, Kaelyn)
June 17, 2019 Filing 25 MOTION to Adjourn Conference by Nationwide Mutual Insurance Co.. (Kessler, Elizabeth)
June 11, 2019 Opinion or Order Filing 24 SCHEDULING ORDER: Pursuant to Federal Rule of Civil Procedure 16(a), I order the parties to appear for an initial discovery planning conference on, July 10, 2019, at 11:30 a.m. in Courtroom 11D South of the United States Courthouse, 225 Cadman Plaza East, Brooklyn, New York. No later than July 8, 2019, 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 6/11/2019. (Guy, Alicia)
June 11, 2019 Opinion or Order ORDER: In light of #23 Plaintiffs' request for expedited treatment, the Court construes #22 Defendant's motion for a pre-motion conference as a motion to dismiss and sets the following schedule of briefing: Defendant may supplement its motion with a letter of no more than five (5) pages by June 21, 2019; Plaintiffs may respond with a letter of no more than five (5) pages by July 3, 2019; Defendant may reply with a letter of no more than three (3) pages by July 11, 2019. The Court will hold oral argument on Defendant's motion to dismiss on July 17, 2019 at 11:00 AM in Courtroom 4F North. The parties' briefing should address the merits of Plaintiffs' causes of action, not the venue issues previewed in #22 Defendant's pre-motion conference letter.Ordered by Judge Pamela K. Chen on 6/11/2019. (Knapp, Cody)
June 10, 2019 Filing 23 Letter DeVivo Plaintiffs' letter response to Defendant Nationwide's pre-motion letter by Dennis J. DeVivo, DeVivo Associates, Inc (Tedards, William)
June 7, 2019 Filing 22 MOTION for pre motion conference by Nationwide Mutual Insurance Co.. (Haque, Ali)
June 7, 2019 Opinion or Order ORDER granting #21 Motion for Leave to Appear Pro Hac Vice -- Attorney Mr. Willem Bloom, Esq. is permitted to argue or try this case in whole or in part as counsel or advocate. By June 14, 2019, Mr. Bloom shall register for ECF. Registration is available online at the EDNY's homepage. Once registered, Mr. Bloom shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Mr. Bloom shall also ensure that the $150 admission fee be submitted to the Clerk's Office. Ordered by Magistrate Judge James Orenstein on 6/7/2019. (Gustafson, Kaelyn)
June 6, 2019 Filing 21 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-11549275. by Dennis J. DeVivo, DeVivo Associates, Inc. (Attachments: #1 Affidavit, #2 Supplement Certificate of Good Standing) (Bloom, Willem)
June 5, 2019 Filing 20 NOTICE of Appearance by Casteel Borsay on behalf of Nationwide Mutual Insurance Co. (notification declined or already on case) (Borsay, Casteel)
June 5, 2019 Filing 19 NOTICE of Appearance by Elizabeth P. Kessler on behalf of Nationwide Mutual Insurance Co. (notification declined or already on case) (Kessler, Elizabeth)
June 5, 2019 Opinion or Order ORDER granting #17 Motion for Leave to Appear Pro Hac Vice; granting #18 Motion for Leave to Appear Pro Hac Vice -- Attorneys Elizabeth P. Kessler, Esq. and Casteel E. Borsay, Esq. are permitted to argue or try this case in whole or in part as counsel or advocates. By June 12, 2019, Ms. Kessler and Ms. Borsay shall register for ECF. Registration is available online at the EDNY's homepage. Once registered, Ms. Kessler and Ms. Borsay shall file notices of appearance and ensure that they receive electronic notification of activity in this case. Ms. Kessler and Ms. Borsay shall also ensure that their respective $150 admission fees be submitted to the Clerk's Office. Ordered by Magistrate Judge James Orenstein on 6/5/2019. (Gustafson, Kaelyn)
June 4, 2019 Filing 18 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-11542387. by Nationwide Mutual Insurance Co.. (Attachments: #1 Affidavit of Casteel Borsay, #2 Certificate of Good Standing) (Borsay, Casteel)
June 4, 2019 Filing 17 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-11542249. by Nationwide Mutual Insurance Co.. (Attachments: #1 Affidavit of Elizabeth Kessler, #2 Certificates of Good Standing) (Kessler, Elizabeth)
June 4, 2019 Email Notification Test - DO NOT REPLY (Lee, Tiffeny)
June 3, 2019 Filing 16 NOTICE of Appearance by Quintin F. Lindsmith on behalf of Nationwide Mutual Insurance Co. (notification declined or already on case) (Lindsmith, Quintin)
June 3, 2019 Filing 15 NOTICE of Appearance by Ali Haque on behalf of Nationwide Mutual Insurance Co. (notification declined or already on case) (Haque, Ali)
June 3, 2019 Opinion or Order ORDER granting #13 Motion for Leave to Appear Pro Hac Vice; granting #14 Motion for Leave to Appear Pro Hac Vice -- Attorneys Ali Haque, Esq. and Quintin F. Lindsmith, Esq. are permitted to argue or try this case in whole or in part as counsel or advocates. By June 10, 2019, Mr. Haque and Mr. Lindsmith shall register for ECF. Registration is available online at the EDNY's homepage. Once registered, Mr. Haque and Mr. Lindsmith shall file notices of appearance and ensure that they receive electronic notification of activity in this case. Mr. Haque and Mr. Lindsmith shall also ensure that their respective $150 admission fees be submitted to the Clerk's Office. Ordered by Magistrate Judge James Orenstein on 6/3/2019. (Gustafson, Kaelyn)
May 31, 2019 Filing 14 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-11534092. by Nationwide Mutual Insurance Co.. (Attachments: #1 Affidavit in Support of Mtn for Admission Pro Hac Vice, #2 Proposed Order) (Lindsmith, Quintin)
May 31, 2019 Filing 13 MOTION to Appear Pro Hac Vice of Ali Haque Filing fee $ 150, receipt number ANYEDC-11533865. by Nationwide Mutual Insurance Co.. (Attachments: #1 Affidavit in Support of Mtn for Admission Pro Hac Vice, #2 Proposed Order) (Haque, Ali)
May 31, 2019 Opinion or Order ORDER granting #12 Motion for Leave to Appear Pro Hac Vice -- The motion is granted. Attorney Thomas H. Geoghegan, Esq. is permitted to argue or try this case in whole or in part as counsel or advocate. By June 7, 2019, Mr. Geoghegan shall register for ECF. Registration is available online at the EDNY's homepage. Once registered, Mr. Geoghegan shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Mr. Geoghegan shall also ensure that the $150 admission fee be submitted to the Clerk's Office. Ordered by Magistrate Judge James Orenstein on 5/31/2019. (Gustafson, Kaelyn)
May 30, 2019 Filing 12 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number BNYEDC-11528526. by Dennis J. DeVivo, DeVivo Associates, Inc. (Attachments: #1 Supplement Certificate of Good Standing, #2 Affidavit) (Geoghegan, Thomas)
May 24, 2019 Filing 11 AFFIDAVIT of Service for AMENDED CLASS ACTION COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF #10 served on New York State Superintendent of Financial Services (Attn Anthony Spagli) on 05/24/2019, filed by Dennis J. DeVivo, DeVivo Associates, Inc. (Tedards, William)
May 23, 2019 Filing 10 AMENDED COMPLAINT AMENDED CLASS ACTION COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against Nationwide Mutual Insurance Co., filed by Dennis J. DeVivo, DeVivo Associates, Inc. (Attachments: #1 Exhibit EXHIBIT A - Corporate Agency Agreement, #2 Exhibit EXHIBIT B - May 10 2018 Communication, #3 Exhibit EXHIBIT C - March 15 2019 Communication) (Tedards, William)
May 16, 2019 Filing 9 NOTICE of Appearance by William P. Tedards, Jr on behalf of All Plaintiffs (notification declined or already on case) (Tedards, William)
May 16, 2019 Opinion or Order ORDER granting #8 Motion for Leave to Appear Pro Hac Vice -- Attorney William P. Tedards, Jr., Esq. is permitted to argue or try this case in whole or in part as counsel or advocate. By May 23, 2019, Mr. Tedards shall register for ECF. Registration is available online at the EDNY's homepage. Once registered, Mr. Tedards shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Mr. Tedards shall also ensure that the $150 admission fee be submitted to the Clerk's Office. Ordered by Magistrate Judge James Orenstein on 5/16/2019. (Gustafson, Kaelyn)
May 15, 2019 Filing 8 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-11482512. by Dennis J. DeVivo, DeVivo Associates, Inc. (Attachments: #1 Affidavit AFFIDAVIT OF WILLIAM P TEDARDS JR IN SUPPORT OF MOTION TO ADMIT COUNSEL PHV, #2 Exhibit EXH A - CERTIFICATE OF GOOD STANDING) (Tedards, William)
May 15, 2019 Filing 7 SUMMONS Returned Executed by Dennis J. DeVivo, DeVivo Associates, Inc. Nationwide Mutual Insurance Co. served on 5/14/2019, answer due 6/4/2019. (Mirer, Jeanne)
May 10, 2019 Filing 6 Summons Issued as to Nationwide Mutual Insurance Co.. (Davis, Kimberly)
May 8, 2019 Filing 5 Proposed Summons. by Dennis J. Devivo, Devivo Associates, Inc (Mirer, Jeanne)
May 6, 2019 Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly)
May 6, 2019 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. (Davis, Kimberly)
May 6, 2019 Case Assigned to Judge Pamela K. Chen 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. (Davis, Kimberly)
May 6, 2019 NOTICE : The Proposed summons is rejected; Plaintiff's attorney name and address is not completed. The Clerk's Office cannot issue the summons. Counsel is advised to submit completed proposed summons using the event Proposed Summons/Civil Cover Sheet. (Davis, Kimberly)
May 2, 2019 Filing 2 Proposed Summons.Civil Cover Sheet.. by Dennis J. Devivo, Devivo Associates, Inc (Attachments: #1 Proposed Summons Proposed Summons) (Mirer, Jeanne)
May 2, 2019 Filing 1 COMPLAINT against Nationwide Mutual Insurance Co. filing fee $ 400, receipt number ANYEDC-11443491 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Dennis J. Devivo, Devivo Associates, Inc. (Attachments: #1 Exhibit A: Corporate Agency Agreement, #2 Exhibit B: May 10, 2018 Communication, #3 Exhibit C: March 15, 2019 Communication) (Mirer, Jeanne)

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Search for this case: DeVivo Associates, Inc et al v. Nationwide Mutual Insurance Co.
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Plaintiff: Devivo Associates, Inc
Represented By: Jeanne Ellen Mirer
Represented By: William P. Tedards, Jr.
Represented By: Thomas Geoghegan
Represented By: Willem Bloom
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Plaintiff: Mr. Dennis J. Devivo
Represented By: Jeanne Ellen Mirer
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Plaintiff: Dennis J. DeVivo
Represented By: Thomas Geoghegan
Represented By: Jeanne Ellen Mirer
Represented By: William P. Tedards, Jr.
Represented By: Willem Bloom
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Defendant: Nationwide Mutual Insurance Co.
Represented By: Quintin F. Lindsmith
Represented By: Ali Haque
Represented By: Casteel Borsay
Represented By: Elizabeth Benshoff
Represented By: Elizabeth P. Kessler
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