Sprague Operating Resources, LLC v. Star Energy Transportation et al
| Sprague Operating Resources, LLC |
| Star Energy Transportation, Inc. and Federated Mutual Insurance Company |
| 1:2020cv03382 |
| July 28, 2020 |
| US District Court for the Eastern District of New York |
| Sanket J Bulsara |
| William F Kuntz |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Other Contract |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on September 11, 2020. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 38 MOTION to Dismiss for Failure to State a Claim by Federated Mutual Insurance Company. (Attachments: #1 Declaration, #2 Exhibit A - Complaint, #3 Memorandum in Support) (Wilewicz, Agnieszka) |
Filing 37
Order re #36 Stipulation filed by Federated Mutual Insurance Company. The application is granted. Attorneys Trevor James Brown and Beth G. Catenza terminated.So Ordered by Judge William F. Kuntz, II on 8/27/2020. (Love, Alexis)
|
| Filing 36 STIPULATION to Substitution of Counsel by Federated Mutual Insurance Company (Wilewicz, Agnieszka) |
| Filing 35 NOTICE of Appearance by George H. Buermann on behalf of Star Energy Transportation, Inc. (aty to be noticed) (Buermann, George) |
|
Filing 34
SCHEDULING ORDER: An initial/telephone conference will be held at 3:00 PM on 10/02/2020 before Magistrate Judge Bulsara. The parties are directed to call the toll-free number 877-336-1274. The access code is 6534420. The parties shall dial in five (5) minutes before the 3:00 PM conference. Counsel are directed to complete the attached Discovery Plan Worksheet and electronically file same with the Court no later than two days before 10/02/2020. Should the parties wish to adopt a plan for discovery different from the structure in the discovery worksheet, they may do so only if they file a letter explaining why such a plan is appropriate in this case. So Ordered by Magistrate Judge Sanket J. Bulsara on 8/12/2020. (Manson, Eddie)
|
| Filing 33 ANSWER to #1 Complaint, by Star Energy Transportation, Inc.. (Kokalas, Marci) |
|
In light of the COVID-19 pandemic, the Court dispenses with its pre-motion conference requirement. Therefore, the Court denies Defendant's request for a pre-motion conference, #32 , as moot and GRANTS leave to file the anticipated motion to dismiss.The Court orders the following briefing schedule for Defendant's motion to dismiss: Defendant shall submit its motion no later than Friday, September 11, 2020 by 5:00 P.M.; Plaintiff shall submit a response no later than Friday, October 23, 2020 by 5:00 P.M.; Defendant shall submit a reply, if any, no later than Friday, November 20, 2020 by 5:00 P.M.As a courtesy to the Court, the Court requests the parties refrain from filing motion papers until the motion has been fully briefed. If the parties elect to file their motion only once it is fully briefed, the notice of motion and all supporting papers are to be served on the other party along with a cover letter setting forth whom the movant represents and the papers being served. Only a copy of the cover letter shall be electronically filed in advance of the fully briefed motion, and it must be filed as a letter, not as a motion. On the day the motion is fully briefed, each party shall electronically file their individual motion papers by 5:00 P.M. on November 20, 2020. Defendant shall also mail a complete set of courtesy copies of all motion papers, via overnight mail, to the Court, attention of Ms. Alexis Love. So Ordered by Judge William F. Kuntz, II on 8/3/2020. (Dixon, Roy)
|
| Filing 32 Letter MOTION for pre motion conference by Federated Mutual Insurance Company. (Attachments: #1 Exhibit Complaint, #2 Exhibit Motion to Dismiss) (Wilewicz, Agnieszka) |
| Filing 31 NOTICE of Appearance by Agnieszka Anna Wilewicz on behalf of Federated Mutual Insurance Company (aty to be noticed) (Wilewicz, Agnieszka) |
| Filing 30 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) |
| Filing 29 Case transferred in from District of New Hampshire; Case Number 1:20-cv-00323. Original file certified copy of transfer order and docket sheet received. |
| The case of Sprague Operating Resources, LLC v. Star Energy Transportation et al, has been transferred from District of New Hampshire to the Eastern District of New York. The new case number is 20cv3382. PLEASE NOTE: if you plan to continue representing your client(s), you must be admitted to practice before this court. You must do so by applying for Pro Hac Vice or permanent admission. To apply for Pro Hac Vice admission, you must first register for an ECF login and password. Please visit the Court's website at www.nyed.uscourts.gov/attorney-admissions for guidance. Once registered, you must electronically file a Motion to Appear Pro Hac Vice. You must pay the required pro hac vice fee online. (Bowens, Priscilla) |
| Civil Case Terminated - Transferred to the Eastern District of New York. (lw) [Transferred from New Hampshire on 7/28/2020.] |
|
Filing 28
///ORDER granting #6 Motion to Dismiss, or in the Alternative, Transfer Venue to the Eastern District of New York; granting #13 Motion to Change Venue. For the foregoing reasons, as well as those set forth in its memoranda, Star Energy's motion to change venue to the Eastern District of New York (document no. 13) is granted. Similarly, Federated Mutual's motion to dismiss or, in the alternative, to transfer venue (document no. 6) is granted to the extent it seeks a transfer of venue to the Easter District of New York. See 28 U.S.C. 1404 and 1631. In all other respects, that motion is denied. The Clerk of Court shall transfer this proceeding to the United States District Court for the Eastern District of New York and close the case on this court's docket. So Ordered by Judge Steven J. McAuliffe.(lw) [Transferred from New Hampshire on 7/28/2020.]
|
| Filing 27 REPLY to Objection to Motion re #13 MOTION to Change Venue filed by Star Energy Transportation, Inc.. Surreply due by 6/29/2020. (Collimore, Kevin) [Transferred from New Hampshire on 7/28/2020.] |
| ENDORSED ORDER granting #25 Assented to Motion for Leave to File Reply to Plaintiff's Objection to Defendant's Motion to Transfer Venue to the Eastern District of New York. Text of Order: Granted. Within 48 hours counsel shall electronically refile the pleading attached to the Motion for Leave to File using the appropriate event in CMECF. Miscellaneous Deadline set for 6/26/2020.(lw) [Transferred from New Hampshire on 7/28/2020.] |
| Filing 26 REPLY to Objection to Motion re #6 MOTION to Dismiss , or in the Alternative, Transfer Venue to the Eastern District of New York filed by Federated Mutual Insurance Company. Surreply due by 6/24/2020. (Attachments: #1 Exhibit (Affidavit))(Catenza, Beth) [Transferred from New Hampshire on 7/28/2020.] |
| Filing 25 Assented to MOTION for Leave to File Reply to Plaintiff's Objection to Defendant's Motion to Transfer Venue to the Eastern District of New York filed by Star Energy Transportation, Inc. (Attachments: #1 Exhibit 1 - Reply to Plaintiff's Opposition)(Collimore, Kevin) Modified on 6/22/2020 to link to doc. no. 13 (lw). [Transferred from New Hampshire on 7/28/2020.] |
| Filing 24 NOTICE of Attorney Appearance by Devin K. Bolger on behalf of Sprague Operating Resources, LLC Attorney Devin K. Bolger added to party Sprague Operating Resources, LLC(pty:pla).(Bolger, Devin) [Transferred from New Hampshire on 7/28/2020.] |
| Filing 23 NOTICE of Attorney Appearance by Laura J. Hanson on behalf of Federated Mutual Insurance Company Attorney Laura J. Hanson added to party Federated Mutual Insurance Company(pty:dft).(Hanson, Laura) [Transferred from New Hampshire on 7/28/2020.] |
| Filing 22 NOTICE of Attorney Appearance by Erin Devlin Doran on behalf of Federated Mutual Insurance Company Attorney Erin Devlin Doran added to party Federated Mutual Insurance Company(pty:dft).(Doran, Erin) [Transferred from New Hampshire on 7/28/2020.] |
| Filing 21 OBJECTION to #13 MOTION to Change Venue filed by Sprague Operating Resources, LLC. Follow up on Reply on 6/23/2020. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: #1 Exhibit (Affidavit) Amy Nelson Affidavit, #2 Exhibit Transport Agreement, #3 Exhibit Tender Letter to Star)(Mattson, Joseph) [Transferred from New Hampshire on 7/28/2020.] |
|
ENDORSED ORDER granting #19 Assented to Motion for Laura J. Hanson to Appear Pro Hac Vice; granting #20 Assented to Motion for Erin D. Doran to Appear Pro Hac Vice. Text of Order: Granted. Local counsel shall comply with all obligations required by L.R. 83.2(b) absent order of the court. So Ordered by Magistrate Judge Andrea K. Johnstone.The clerks office will provide the admitted attorney with instructions on how to obtain access to electronic filing by separate email. The admitted attorney must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of New Hampshire. After obtaining e-filing access, the admitted attorney must file an appearance to begin receiving electronic notices.(lw) [Transferred from New Hampshire on 7/28/2020.]
|
| Filing 20 Assented to MOTION for Erin D. Doran to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-1989585.) filed by Federated Mutual Insurance Company. (Attachments: #1 Exhibit (Affidavit))(Catenza, Beth) [Transferred from New Hampshire on 7/28/2020.] |
| Filing 19 Assented to MOTION for Laura J. Hanson to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-1989570.) filed by Federated Mutual Insurance Company. (Attachments: #1 Exhibit (Affidavit))(Catenza, Beth) [Transferred from New Hampshire on 7/28/2020.] |
|
ENDORSED ORDER granting #18 Assented to Motion to Extend Time to Reply to Sprague Operating Resources, LLC's Objection to Its Motion to Dismiss. Text of Order: Granted. So Ordered by Magistrate Judge Andrea K. Johnstone. Follow up on Reply on 6/19/2020. (lw) [Transferred from New Hampshire on 7/28/2020.]
|
| Filing 18 Assented to MOTION to Extend Time to Reply to Sprague Operating Resources, LLC's Objection to Its Motion to Dismiss, or in the Alternative, Transfer Venue to the Eastern District of New York filed by Federated Mutual Insurance Company.(Catenza, Beth) [Transferred from New Hampshire on 7/28/2020.] |
|
ENDORSED ORDER - Text of Order: No pretrial conference will be scheduled until after resolution of the pending motions (#6 & #13). Given the issues raised in the motion, the court finds good cause to extend the deadline for issuing the scheduling order pursuant to Fed. R. Civ. P. 16(b) to after the rescheduled pretrial conference. So Ordered by Magistrate Judge Andrea K. Johnstone. (lw) [Transferred from New Hampshire on 7/28/2020.]
|
| Filing 17 OBJECTION to #6 MOTION to Dismiss , or in the Alternative, Transfer Venue to the Eastern District of New York filed by Sprague Operating Resources, LLC. Follow up on Reply on 6/12/2020. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: #1 Exhibit (Affidavit) Nelson Aff., #2 Exhibit (Affidavit) Harckham Aff, #3 Exhibit Transportation Agreement, #4 Exhibit Relevant Insurance Policy, #5 Exhibit Hanson Letter 5 8 19, #6 Exhibit Hanson Letter 10 8 19, #7 Exhibit Federated Correspondence to Navigators, #8 Exhibit Federated Correspondence to Amy Nelson)(Mattson, Joseph) [Transferred from New Hampshire on 7/28/2020.] |
| Filing 16 NOTICE of Attorney Appearance by Finley T. Harckham on behalf of Sprague Operating Resources, LLC Attorney Finley T. Harckham added to party Sprague Operating Resources, LLC(pty:pla).(Harckham, Finley) [Transferred from New Hampshire on 7/28/2020.] |
| Filing 15 NOTICE of Attorney Appearance by John M. Leonard on behalf of Sprague Operating Resources, LLC Attorney John M. Leonard added to party Sprague Operating Resources, LLC(pty:pla).(Leonard, John) [Transferred from New Hampshire on 7/28/2020.] |
|
ENDORSED ORDER granting #12 Partially Assented to Motion to Appear Pro Hac Vice. Text of Order: Granted. Local counsel shall comply with all obligations required by L.R. 83.2(b) absent order of the court. So Ordered by Magistrate Judge Andrea K. Johnstone.The clerks office will provide the admitted attorney with instructions on how to obtain access to electronic filing by separate email. The admitted attorney must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of New Hampshire. After obtaining e-filing access, the admitted attorney must file an appearance to begin receiving electronic notices.(lw) [Transferred from New Hampshire on 7/28/2020.]
|
| Filing 14 NOTICE of Attorney Appearance by Kevin G. Collimore on behalf of Star Energy Transportation, Inc. Attorney Kevin G. Collimore added to party Star Energy Transportation, Inc.(pty:dft).(Collimore, Kevin) [Transferred from New Hampshire on 7/28/2020.] |
| Filing 13 MOTION to Change Venue filed by Star Energy Transportation, Inc..Follow up on Objection on 6/16/2020. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: #1 Exhibit Declaration of Collimore, #2 Memorandum of Law, #3 Exhibit A - Complaint and Jury Trial - 03_10_2020, #4 Exhibit B - 10.8.2019 Corr, #5 Exhibit C - Transportation and Delivery Agreement)(Cullen, Brian) [Transferred from New Hampshire on 7/28/2020.] |
| Filing 12 Partially Assented to MOTION for George H. Buermann to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-1986435.) filed by Star Energy Transportation, Inc.. Attorney Brian J.S. Cullen added to party Star Energy Transportation, Inc.(pty:dft).Follow up on Objection on 6/16/2020. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: #1 Exhibit (Affidavit) Buermann Afffidavit)(Cullen, Brian) (Additional attachment(s) added on 6/3/2020: #2 Completed Affidavit of George H. Buermann) (lw). [Transferred from New Hampshire on 7/28/2020.] |
| Filing 11 NOTICE of Attorney Appearance by Trevor James Brown on behalf of Federated Mutual Insurance Company Attorney Trevor James Brown added to party Federated Mutual Insurance Company(pty:dft).(Brown, Trevor) [Transferred from New Hampshire on 7/28/2020.] |
|
ENDORSED ORDER granting #9 Assented to Motion for John Leonard to Appear Pro Hac Vice; granting #10 Assented to Motion for Finley Harckham to Appear Pro Hac Vice. Text of Order: Granted. Local counsel shall comply with all obligations required by L.R. 83.2(b) absent order of the court. So Ordered by Magistrate Judge Andrea K. Johnstone.The clerks office will provide the admitted attorneys with instructions on how to obtain access to electronic filing by separate email. The admitted attorneys must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of New Hampshire. After obtaining e-filing access, the admitted attorney must file an appearance to begin receiving electronic notices.(lw) [Transferred from New Hampshire on 7/28/2020.]
|
| Filing 10 Assented to MOTION for Finley Harckham to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-1985147.) filed by Sprague Operating Resources, LLC. (Attachments: #1 Exhibit (Affidavit))(Mattson, Joseph) [Transferred from New Hampshire on 7/28/2020.] |
| Filing 9 Assented to MOTION for John Leonard to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-1985140.) filed by Sprague Operating Resources, LLC. (Attachments: #1 Exhibit (Affidavit) Leonard Affidavit)(Mattson, Joseph) [Transferred from New Hampshire on 7/28/2020.] |
|
ENDORSED ORDER granting #8 Assented to Motion to Extend Time to Object/Respond re: #6 Motion to Dismiss. Text of Order: Granted. So Ordered by Magistrate Judge Andrea K. Johnstone. Follow up on Objection on 6/5/2020. (lw) [Transferred from New Hampshire on 7/28/2020.]
|
| Filing 8 Assented to MOTION to Extend Time to Object/Respond to #6 MOTION to Dismiss , or in the Alternative, Transfer Venue to the Eastern District of New York to June 5, 2020 filed by Sprague Operating Resources, LLC.(Mattson, Joseph) [Transferred from New Hampshire on 7/28/2020.] |
| Filing 7 Disclosure Statement by Federated Mutual Insurance Company disclosing no parent company, no publicly traded company, and no merger agreement. (Catenza, Beth) [Transferred from New Hampshire on 7/28/2020.] |
| Filing 6 MOTION to Dismiss , or in the Alternative, Transfer Venue to the Eastern District of New York filed by Federated Mutual Insurance Company. Attorney Beth G. Catenza added to party Federated Mutual Insurance Company(pty:dft).Follow up on Objection on 5/22/2020. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: #1 Memorandum of Law, #2 Exhibit A - Complaint, #3 Exhibit (Affidavit) B - Declaration of Daniel J. Madden, #4 Exhibit (Affidavit) Declaration of Daniel Dant)(Catenza, Beth) [Transferred from New Hampshire on 7/28/2020.] |
| Filing 5 WAIVER OF SERVICE Returned Executed as to Star Energy Transportation, Inc. by Sprague Operating Resources, LLC. Served/Mailed on 3/13/2020. Answer Follow Up on 5/15/2020. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Mattson, Joseph) [Transferred from New Hampshire on 7/28/2020.] |
| Filing 4 WAIVER OF SERVICE Returned Executed as to Federated Mutual Insurance Company by Sprague Operating Resources, LLC. Served/Mailed on 3/13/2020. Answer Follow Up on 5/15/2020. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Mattson, Joseph) [Transferred from New Hampshire on 7/28/2020.] |
| Filing 3 Notice of Lawsuit/Waivers issued electronically as to Federated Mutual Insurance Company, Star Energy Transportation, Inc.. NOTICE: Counsel shall print and serve the notice/waivers and all attachments in accordance with Fed. R. Civ. P. 4. (Attachments: #1 Notice ECF)(mc) [Transferred from New Hampshire on 7/28/2020.] |
| NOTICE. This case has been designated for Electronic Case Filing. All further submissions shall be filed in compliance with the Administrative Procedures for Electronic Case Filing. Pro se litigants are not required to file electronically and may continue to file documents in paper format. Persons filing electronically are strongly encouraged to complete the interactive training modules available on the courts website. To access these modules, click #HERE. (mc) [Transferred from New Hampshire on 7/28/2020.] |
| Case assigned to Judge Steven J. McAuliffe. The case designation is: 1:20-cv-323-SM. Please show this number with the judge designation on all future pleadings. (mc) [Transferred from New Hampshire on 7/28/2020.] |
| Filing 2 Disclosure Statement by Sprague Operating Resources, LLC disclosing a parent company, one or more publicly traded companies, and no merger agreement. (Mattson, Joseph) [Transferred from New Hampshire on 7/28/2020.] |
| Filing 1 NEW CASE/ COMPLAINT with Jury Demand Filing fee $ 400, receipt number ANHDC-1950051 filed by Sprague Operating Resources, LLC. (Attachments: #1 Exhibit Star Agmt, #2 Exhibit Insurance Policy, #3 Exhibit May 8, 2019 Letter, #4 Exhibit October 8, 2019 Letter, #5 Civil Cover Sheet, #6 Summons - Waiver )(Mattson, Joseph) . (Additional attachment(s) added on 3/12/2020: #7 Service Documents) (mc). [Transferred from New Hampshire on 7/28/2020.] |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Eastern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
