Diamond State Insurance Company v. Hidalgo et al
| Diamond State Insurance Company |
| David Contractor NY, Inc., KFG Realty Group, LLC, Quiteria Orellana Hidalgo and Fei Guo |
| 1:2020cv01340 |
| March 12, 2020 |
| US District Court for the Eastern District of New York |
| Cheryl L Pollak |
| Eric N Vitaliano |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Insurance Contract |
| None |
Docket Report
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| Filing 32 CLERK'S JUDGMENT: ORDERED and ADJUDGED that a declaration of no coverage is hereby entered; and that a declaratory judgment rescinding the Policies from 2015, 2016, 2017, 2018, 2019, 2020, and 2021 is hereby entered. Ordered by Jalitza Poveda, Deputy Clerk on behalf of Douglas C. Palmer, Clerk of Court on 10/21/2021. (Tavarez, Jennifer) |
ORDER ADOPTING REPORT AND RECOMMENDATIONS: granting #25 Motion for Default Judgment; adopting #30 Report and Recommendations. With notice given, no party has filed objections to the #30 July 23, 2021, report and recommendation in which Chief Magistrate Judge Cheryl L. Pollak concluded that plaintiff's #25 September 9, 2020 motion for default judgment should be granted. In accordance with the applicable clear-error standard of review, see Dafeng Hengwei Textile Co. v. Aceco Indus. & Commercial Corp., 54 F. Supp. 3d 279, 283 (E.D.N.Y. 2014), the Court has carefully reviewed Chief Magistrate Judge Pollak's #30 report and recommendation, and found it to be correct, well-reasoned, and free of any clear error. The Court, therefore, adopts it in its entirety as the opinion of the Court. The Clerk of Court is directed to enter a declaration of no coverage and a declaratory judgment rescinding the Policies from 2015, 2016, 2017, 2018, 2019, 2020, and 2021. The Clerk is directed to close this case. Ordered by Judge Eric N. Vitaliano on 10/20/2021. (Robinson, Elizabeth)
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| Filing 31 AFFIDAVIT of Service for Copy of September 13, 2021 Order and Report and Recommendation dated July 23, 2021, Doc. No. 30 served on William Schwitzer & Associates, P.C., Attorneys for Quiteria Orellana Hidalgo, James Woods, Esq., Attorneys for Defendants FEI GUO and KFG REALTY GROUP LLC, David Contractor NY, Inc., Fei Guo, KFG Realty Group, LLC, Quiteria Orellana Hidalgo, and William S. Synnott on September 14, 2021, filed by Diamond State Insurance Company. (Verveniotis, Steven) |
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ORDER: In accordance with Judge Pollak's order, plaintiff is directed to file an affidavit of service of the Report and Recommendation #30 by no later than September 15, 2021. Ordered by Judge Eric N. Vitaliano on 9/13/2021. (Guo, Alicia)
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| Filing 30 REPORT AND RECOMMENDATION re. #25 : As stated in the attached R&R, the Court respectfully recommends granting plaintiff's motion for default judgment. Objections to R&R due by 8/6/2021. Failure to file timely objections waives the right to further judicial review. Counsel for plaintiff is ORDERED to serve a copy of this R&R on all defendants and file an affidavit of service with the Court. So Ordered by Chief Magistrate Cheryl L. Pollak on 7/23/2021. (Moon, Chloe) |
| Filing 29 Letter Joint Letter Re Pending Motion by Fei Guo, KFG Realty Group, LLC (Christou, Andreas) |
| Filing 28 NOTICE of Appearance by Andreas Euripides Christou on behalf of Fei Guo, KFG Realty Group, LLC (aty to be noticed) (Christou, Andreas) |
| Filing 27 Letter re Clarification on Pending Motion for Summary Judgment and Default Judgment as to David Contractor NY, Inc. and Quiteria Orellana Hidalgo by Diamond State Insurance Company (Verveniotis, Steven) |
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ORDER REFERRING MOTION: #25 MOTION for Summary Judgment and Default Judgment David Contractor NY, Inc. and Quiteria Orellana Hidalgo filed by Diamond State Insurance Company. The motion is respectfully referred to Chief Magistrate Judge Cheryl L. Pollak for a Report & Recommendation. Ordered by Judge Eric N. Vitaliano on 9/16/2020. (LoMonaco, Anthony)
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| Filing 26 AFFIDAVIT of Service for Notice of Motion, Declaration of Steven Verveniotis, Affidavit in support of Motion for Default and Summary Judgment, and Memorandum of Law in Support of Motion Requesting Judgment served on David Contractor NY, Inc. on September 10, 2020, filed by Diamond State Insurance Company. (Verveniotis, Steven) |
| Filing 25 MOTION for Summary Judgment and Default Judgment David Contractor NY, Inc. and Quiteria Orellana Hidalgo by Diamond State Insurance Company. (Attachments: #1 Declaration Declaration of Steven Verveniotis, #2 Affidavit Affidavit in Support of Motion for Default and Summary Judgment, #3 Exhibit Ex. A - Deed, #4 Exhibit Ex. B - Policy Application, #5 Exhibit Ex. C - 2015 Policy, #6 Exhibit Ex. D - American Underwriting Guidelines, #7 Exhibit Ex. E - 2015 Deed, #8 Exhibit Ex. F - KFG's Entity Information, #9 Exhibit Ex. G - 2016 Policy, #10 Exhibit Ex. H - Diamon Underwriting Guidelines, #11 Exhibit Ex. I - 2017 Policy, #12 Exhibit Ex. J - 2017-2018 Policy, #13 Exhibit Ex. K - 2018-2019 Policy, #14 Exhibit Ex. L - 2019-2020 Policy, #15 Exhibit Ex. M - 2020-2021 Policy, #16 Exhibit Ex. N - Notice of Cancellation, #17 Exhibit Ex. O - Permits, #18 Exhibit Ex. P - October 29, 2015 Permit, #19 Exhibit Ex. Q - November 2, 2015 Permit, #20 Exhibit Ex. R - February 1, 2018 Permit, #21 Exhibit Ex. S - February 1, 2018 Permit, #22 Exhibit Ex. T - November 29, 2018 Permit, #23 Exhibit Ex. U - May 20, 2019 Permit, #24 Exhibit Ex. V - December 13, 2019 Permit, #25 Exhibit Ex. W - Streetview Images, #26 Exhibit Ex. X - Stop Work Orders, #27 Exhibit Ex. Y - Complaints Filed at the Premises, #28 Exhibit Ex. Z - Anti-Arson, #29 Exhibit Ex. AA - Complaint, #30 Exhibit Ex. BB - Disclaimer Letter, #31 Memorandum in Support Memorandum of Law in Support of Motion Requesting Judgment) (Verveniotis, Steven) |
| Filing 24 Clerk's ENTRY OF DEFAULT It appearing from the docket maintained in this action that defendant Quiteria Orellana Hidalgo has failed to appear or otherwise defend this action, the default of defendant Quiteria Orellana Hidalgo is hereby noted pursuant to Rule 55a of the Federal Rules of Civil Procedure. (Poveda, J.) |
| Filing 23 Request for Certificate of Default by Diamond State Insurance Company (Attachments: #1 Affirmation in Support of Request for Certificate of Default Against Quiteria Orellana Hidalgo, #2 Exhibit Ex. A - Complaint, #3 Exhibit Ex. B - Issued Summonses, #4 Exhibit Ex. C - Stipulation Between Counsel for Diamond and Plaintiff, #5 Proposed Clerk's Certificate of Default) (Verveniotis, Steven) |
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ORDER granting in part and denying in part #22 Motion for Pre-Motion Conference. Upon review of plaintiff's submission at #22 , the Court concludes that a pre-motion conference is unnecessary. Plaintiff may proceed with its motion for default judgment as to David Contractor NY Inc. Plaintiff may not, however, proceed with its motion as to Quiteria Orellana Hidalgo, unless and until, in accordance with Federal Rule of Civil Procedure 55(a) and Local Civil Rule 55.1, plaintiff moves for and obtains a certificate of default as to her. Ordered by Judge Eric N. Vitaliano on 9/2/2020. (LoMonaco, Anthony)
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| Filing 22 Letter MOTION for pre motion conference by Diamond State Insurance Company. (Verveniotis, Steven) |
| Filing 21 Clerk's ENTRY OF DEFAULT It appearing from the docket maintained in this action that defendant David Contractor NY, Inc. has failed to appear or otherwise defend this action, the default of defendant David Contractor NY, Inc. is hereby noted pursuant to Rule 55a of the Federal Rules of Civil Procedure. (Poveda, J.) |
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Filing 20
ORDER granting #18 Motion for Settlement. SO Ordered by Judge Eric N. Vitaliano on 7/27/2020. (Almonte, Giselle)
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| Filing 19 Request for Certificate of Default by Diamond State Insurance Company (Attachments: #1 Affirmation in Support of Request for Certificate of Default Against David Contractor NY, Inc., #2 Exhibit Ex. A - Complaint, #3 Exhibit Ex. B - Issued Summonses, #4 Exhibit Ex. C - Waiver of Service - David Contractor NY, Inc., #5 Proposed Clerk's Certificate of Default Against David Contractor NY, Inc.) (Verveniotis, Steven) |
| MINUTE ENTRY for Initial Conference proceeding held before Chief Magistrate Judge Cheryl Pollak on 7/22/2020. Appearance for plaintiff: Steven Verveniotis. Appearance for defendant: Annie Erin Causey / James F Woods. Plaintiff to provide Rule 26 disclosures by 7/31/2020. Defendant to decide if it will object to rescission by 8/7/2020. If necessary, plaintiff will request pre-motion conference. (Caggiano, Diana) |
| Filing 18 Letter MOTION for Settlement as to Guo and KFG only but requesting leave to move as to other defendants by Diamond State Insurance Company. (Verveniotis, Steven) |
| ELECTRONIC ORDER re #16 - #17 Motion for Extension of Time to Answer: Answer due 7/31/2020. So Ordered by Chief Magistrate Cheryl L. Pollak on 7/17/2020. (Hazelwood, John) |
| Filing 17 Letter MOTION for Extension of Time to File Answer re #1 Complaint,, for Quiteria Orellana Hidalgo (Re-filed Doc. No. 16) by Diamond State Insurance Company. (Verveniotis, Steven) |
| Filing 16 Letter MOTION for Extension of Time to File Answer re #1 Complaint,, for Quiteria Orellana Hidalgo by Diamond State Insurance Company. (Verveniotis, Steven) |
| ELECTRONIC SCHEDULING ORDER: The Initial Conference previously set for 7/10/2020 has been adjourned to 7/22/2020 at 4:15 PM before Chief Magistrate Cheryl L. Pollak. The Conference will proceed via AT&T conference call. Please dial 877-336-1839 at 4:15 PM. Enter Access code: 380-1746 and security code: 20-1340. So Ordered by Chief Magistrate Cheryl L. Pollak on 7/2/2020. (Hazelwood, John) |
| Filing 15 SUMMONS Returned Executed by Diamond State Insurance Company. Quiteria Orellana Hidalgo served on 6/8/2020, answer due 6/29/2020. (Verveniotis, Steven) |
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Filing 14
SCHEDULING ORDER: An Initial Conference is set for 7/10/2020 @ 10:45 AM before Chief Magistrate Cheryl L. Pollak. Initial conference will proceed via AT&T conference call. Please dial 877-336-1839 at 10:45 AM. Enter Access code: 380-1746 and security code: 20-1340. So Ordered by Chief Magistrate Cheryl L. Pollak on 5/12/2020. (Caggiano, Diana)
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| Filing 13 Letter MOTION for Extension of Time to File Answer re #1 Complaint,, Stipulation to be So-Ordered by Diamond State Insurance Company. (Attachments: #1 Proposed Order Proposed Stipulation to be So-Ordered) (Verveniotis, Steven) |
| Filing 12 NOTICE of Appearance by James F Woods on behalf of Fei Guo, KFG Realty Group, LLC (aty to be noticed) (Woods, James) |
| Filing 11 NOTICE of Appearance by Annie Erin Causey on behalf of KFG Realty Group, LLC (aty to be noticed) (Causey, Annie) |
| Filing 10 NOTICE of Appearance by Annie Erin Causey on behalf of Fei Guo (aty to be noticed) (Causey, Annie) |
| MODIFIED ELECTRONIC ORDER granting #13 Motion for Extension of Time to Answer - answer due 6/1/2020. So Ordered by Chief Magistrate Cheryl L. Pollak on 5/4/2020. (Caggiano, Diana) Modified on 5/4/2020 (Caggiano, Diana). |
| Filing 9 WAIVER OF SERVICE Returned Executed by Diamond State Insurance Company. David Contractor NY, Inc. waiver sent on 4/15/2020, answer due 6/15/2020. (Verveniotis, Steven) |
| Filing 8 SUMMONS Returned Executed by Diamond State Insurance Company. Quiteria Orellana Hidalgo served on 4/10/2020, answer due 5/1/2020. (Verveniotis, Steven) |
| Filing 7 SUMMONS Returned Executed by Diamond State Insurance Company. Fei Guo served on 4/10/2020, answer due 5/1/2020. (Verveniotis, Steven) |
| Filing 6 SUMMONS Returned Executed by Diamond State Insurance Company. KFG Realty Group, LLC served on 4/10/2020, answer due 5/1/2020. (Verveniotis, Steven) |
| Filing 5 Summons Issued as to David Contractor NY, Inc., Fei Guo, Quiteria Orellana Hidalgo, KFG Realty Group, LLC. (Attachments: #1 Summons, #2 Summons, #3 Summons) (Davis, Kimberly) |
| 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 Eric N. Vitaliano and Chief Magistrate Cheryl L. Pollak. 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 2 Corporate Disclosure Statement by Diamond State Insurance Company identifying Other Affiliate United National Group, Other Affiliate United America Insurance Group, Other Affiliate Penn-America Insurance Company, Other Affiliate United National Insurance Company, Other Affiliate Penn-Star Insurance Company, Other Affiliate Global Indemnity Group, Inc., Other Affiliate Penn-America Group Inc., Other Affiliate Penn-Patriot Insurance Company, Other Affiliate United National Casualty Insurance Company for Diamond State Insurance Company. (Verveniotis, Steven) |
| Filing 1 COMPLAINT against David Contractor NY, Inc., Fei Guo, Quiteria Orellana Hidalgo, KFG Realty Group, LLC filing fee $ 400, receipt number ANYEDC-12529780 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Diamond State Insurance Company. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Proposed Summons Proposed Summons - Quiteria Orellana Hidalgo, #3 Proposed Summons Proposed Summons - Fei Guo, #4 Proposed Summons Proposed Summons - David Contractor NY, Inc., #5 Proposed Summons Proposed Summons - KFG Realty Group LLC) (Miranda, Michael) |
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