DeVivo Associates, Inc et al v. Nationwide Mutual Insurance Co.
Devivo Associates, Inc, Mr. Dennis J. Devivo and Dennis J. DeVivo |
Nationwide Mutual Insurance Co. |
1:2019cv02593 |
May 2, 2019 |
US District Court for the Eastern District of New York |
Pamela K Chen |
James Orenstein |
Contract: Other |
28 U.S.C. § 1332 Diversity-Breach of Contract |
None |
Docket Report
This docket was last retrieved on January 28, 2021. A more recent docket listing may be available from PACER.
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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) |
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Filing 56 Letter Response to Minute Entry of August 14, 2020 by Dennis J. DeVivo, DeVivo Associates, Inc (Tedards, William) |
Filing 55 MOTION to Withdraw as Attorney by Nationwide Mutual Insurance Co.. (Borsay, Casteel) |
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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) |
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Filing 54 Letter Plaintiffs' response to Defendant's pre-motion letter #53 by Dennis J. DeVivo, DeVivo Associates, Inc (Tedards, William) |
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) |
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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) |
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) |
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) |
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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) |
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) |
Filing 47 REPLY in Support re #44 MOTION for Preliminary Injunction filed by All Plaintiffs. (Tedards, William) |
Filing 46 Letter MOTION for Leave to File Excess Pages by Dennis J. DeVivo, DeVivo Associates, Inc. (Tedards, William) |
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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) |
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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) |
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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) |
Filing 42 ANSWER to #10 Amended Complaint, by Nationwide Mutual Insurance Co.. (Benshoff, Elizabeth) |
Filing 41 Corporate Disclosure Statement by Nationwide Mutual Insurance Co. (Benshoff, Elizabeth) |
Filing 40 NOTICE of Appearance by Elizabeth Benshoff on behalf of Nationwide Mutual Insurance Co. (notification declined or already on case) (Benshoff, Elizabeth) |
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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) |
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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) |
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) |
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) |
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) |
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) |
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) |
Filing 33 Letter Reply In Support Of Motion To Dismiss by Nationwide Mutual Insurance Co. (Attachments: #1 Exhibit A) (Kessler, Elizabeth) |
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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) |
Filing 30 NOTICE of Appearance by Willem Bloom on behalf of All Plaintiffs (notification declined or already on case) (Bloom, Willem) |
Filing 29 NOTICE of Appearance by Thomas Geoghegan on behalf of All Plaintiffs (notification declined or already on case) (Geoghegan, Thomas) |
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) |
Filing 27 Letter Supplementing Plaintiffs' Response to Defendant's Motion to Dismiss by Dennis J. DeVivo, DeVivo Associates, Inc (Tedards, William) |
Filing 26 Letter Supplementing Defendant's Motion To Dismiss by Nationwide Mutual Insurance Co. (Kessler, Elizabeth) |
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Filing 25 MOTION to Adjourn Conference by Nationwide Mutual Insurance Co.. (Kessler, Elizabeth) |
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Filing 23 Letter DeVivo Plaintiffs' letter response to Defendant Nationwide's pre-motion letter by Dennis J. DeVivo, DeVivo Associates, Inc (Tedards, William) |
Filing 22 MOTION for pre motion conference by Nationwide Mutual Insurance Co.. (Haque, Ali) |
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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) |
Filing 20 NOTICE of Appearance by Casteel Borsay on behalf of Nationwide Mutual Insurance Co. (notification declined or already on case) (Borsay, Casteel) |
Filing 19 NOTICE of Appearance by Elizabeth P. Kessler on behalf of Nationwide Mutual Insurance Co. (notification declined or already on case) (Kessler, Elizabeth) |
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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) |
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) |
Email Notification Test - DO NOT REPLY (Lee, Tiffeny) |
Filing 16 NOTICE of Appearance by Quintin F. Lindsmith on behalf of Nationwide Mutual Insurance Co. (notification declined or already on case) (Lindsmith, Quintin) |
Filing 15 NOTICE of Appearance by Ali Haque on behalf of Nationwide Mutual Insurance Co. (notification declined or already on case) (Haque, Ali) |
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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) |
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) |
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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) |
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) |
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) |
Filing 9 NOTICE of Appearance by William P. Tedards, Jr on behalf of All Plaintiffs (notification declined or already on case) (Tedards, William) |
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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) |
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) |
Filing 6 Summons Issued as to Nationwide Mutual Insurance Co.. (Davis, Kimberly) |
Filing 5 Proposed Summons. by Dennis J. Devivo, Devivo Associates, Inc (Mirer, Jeanne) |
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) |
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) |
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) |
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) |
Filing 2 Proposed Summons.Civil Cover Sheet.. by Dennis J. Devivo, Devivo Associates, Inc (Attachments: #1 Proposed Summons Proposed Summons) (Mirer, Jeanne) |
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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