Penn-Star Insurance Company v. FPM Realty LLC et al
Plaintiff: Penn-Star Insurance Company
Defendant: Fros Air Conditioning & Heating, Inc., ABJ Fire Protection Co., Mussumeci Electric, Inc., LME Inc., Gateway Property Solutions Ltd, Rosewood Realty Rochester, LLC, FPM Realty LLC and Larry Masci Electric, Inc.
Case Number: 1:2021cv00975
Filed: February 23, 2021
Court: US District Court for the Eastern District of New York
Presiding Judge: Eric R Komitee
Referring Judge: Cheryl L Pollak
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. § 1332 Diversity-Insurance Contract
Jury Demanded By: None
Docket Report

This docket was last retrieved on March 31, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 22, 2021 Filing 24 NOTICE of Appearance by George Maniatis on behalf of Gateway Property Solutions Ltd (aty to be noticed) (Maniatis, George)
April 21, 2021 Filing 23 RESPONSE in Opposition re #22 Letter MOTION for Leave to File Document (move to strike FPM 5th affirmative defense) Letter Response in Opposition to Letter Motion filed by FPM Realty LLC. (Attachments: #1 Exhibit J. Picciotti Email to Penn-Star Counsel) (Nonkes, James)
April 20, 2021 Filing 22 Letter MOTION for Leave to File Document (move to strike FPM 5th affirmative defense) by Penn-Star Insurance Company. (Verveniotis, Steven)
April 20, 2021 Filing 21 ANSWER to #1 Complaint,,,, Answer Defenses and Affirmative Defenses of Defendant FPM Realty LLC by FPM Realty LLC. (Nonkes, James)
April 20, 2021 Filing 20 NOTICE of Appearance by James Peter Nonkes on behalf of FPM Realty LLC (aty to be noticed) (Nonkes, James)
April 8, 2021 Filing 19 Clerk's ENTRY OF DEFAULT It appearing from the docket maintained in this action that defendant ABJ Fire Protection Co., FPM Realty LLC, Fros Air Conditioning & Heating, Inc., LME Inc., Larry Masci Electric, Inc., Mussumeci Electric, Inc., Rosewood Realty Rochester, LLC has failed to appear or otherwise defend this action, the default of defendant ABJ Fire Protection Co., FPM Realty LLC, Fros Air Conditioning & Heating, Inc., LME Inc., Larry Masci Electric, Inc., Mussumeci Electric, Inc., Rosewood Realty Rochester, LLC is hereby noted pursuant to Rule 55a of the Federal Rules of Civil Procedure. (Poveda, J.)
April 6, 2021 Opinion or Order Filing 18 SCHEDULING ORDER: An Initial Conference is set for 5/7/2021 @ 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: 21-0975. So Ordered by Chief Magistrate Cheryl L. Pollak on 4/6/2021. (Caggiano, Diana)
April 1, 2021 Filing 17 Request for Certificate of Default by Penn-Star Insurance Company (Attachments: #1 Declaration Declaration in Support of Request for Certificate of Default, #2 Exhibit Complaint, #3 Exhibit Summonses, #4 Exhibit AOS - FPM, #5 Exhibit AOS - Rosewood, #6 Exhibit AOS - Mussumeci, #7 Exhibit AOS - FROS, #8 Exhibit AOS - LME, #9 Exhibit AOS - Masci, #10 Exhibit AOS - ABJ, #11 Proposed Clerk's Certificate of Default) (Verveniotis, Steven)
March 26, 2021 Filing 16 Corporate Disclosure Statement by Gateway Property Solutions Ltd (Sambursky, Neil)
March 26, 2021 Filing 15 ANSWER to #1 Complaint,,,, by Gateway Property Solutions Ltd. (Attachments: #1 Declaration Rule 7.1 Disclosure) (Sambursky, Neil)
March 25, 2021 Filing 14 SUMMONS Returned Executed by Penn-Star Insurance Company. Gateway Property Solutions Ltd served on 3/15/2021, answer due 4/5/2021. (Verveniotis, Steven)
March 11, 2021 Filing 13 SUMMONS Returned Executed by Penn-Star Insurance Company. ABJ Fire Protection Co. served on 3/9/2021, answer due 3/30/2021. (Verveniotis, Steven)
March 11, 2021 Filing 12 SUMMONS Returned Executed by Penn-Star Insurance Company. Larry Masci Electric, Inc. served on 3/9/2021, answer due 3/30/2021. (Verveniotis, Steven)
March 11, 2021 Filing 11 SUMMONS Returned Executed by Penn-Star Insurance Company. LME Inc. served on 3/9/2021, answer due 3/30/2021. (Verveniotis, Steven)
March 11, 2021 Filing 10 SUMMONS Returned Executed by Penn-Star Insurance Company. Fros Air Conditioning & Heating, Inc. served on 3/9/2021, answer due 3/30/2021. (Verveniotis, Steven)
March 11, 2021 Filing 9 SUMMONS Returned Executed by Penn-Star Insurance Company. Mussumeci Electric, Inc. served on 3/9/2021, answer due 3/30/2021. (Verveniotis, Steven)
March 11, 2021 Filing 8 SUMMONS Returned Executed by Penn-Star Insurance Company. Rosewood Realty Rochester, LLC served on 3/9/2021, answer due 3/30/2021. (Verveniotis, Steven)
March 11, 2021 Filing 7 SUMMONS Returned Executed by Penn-Star Insurance Company. FPM Realty LLC served on 3/9/2021, answer due 3/30/2021. (Verveniotis, Steven)
March 2, 2021 Filing 6 Summons Issued as to All Defendants. (Bowens, Priscilla)
March 2, 2021 Filing 5 Proposed Summons. Re #1 Complaint,,,, by Penn-Star Insurance Company (Verveniotis, Steven)
February 23, 2021 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)
February 23, 2021 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)
February 23, 2021 Filing 2 Corporate Disclosure Statement by PENN-STAR INSURANCE COMPANY identifying Other Affiliate United National Group, Other Affiliate Diamond State Insurance Company, Other Affiliate United America Insurance Group, Other Affiliate Penn-America Insurance Company, Other Affiliate United National 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 PENN-STAR INSURANCE COMPANY. (Miranda, Michael)
February 23, 2021 Filing 1 COMPLAINT against ABJ FIRE PROTECTION CO., FPM REALTY LLC, FROS AIR CONDITIONING & HEATING, INC., GATEWAY PROPERTY SOLUTIONS LTD, LARRY MASCI ELECTRIC, INC., LME INC., MUSSUMECI ELECTRIC, INC., ROSEWOOD REALTY ROCHESTER, LLC filing fee $ 402, receipt number ANYEDC-14188009 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by PENN-STAR INSURANCE COMPANY. (Attachments: #1 Proposed Summons Proposed Summons for FPM Realty LLC, #2 Proposed Summons Proposed Summons for Rosewood Realty Rochester, LLC, #3 Proposed Summons Proposed Summons for Gateway Property Solutions LTD, #4 Proposed Summons Proposed Summons for Mussumeci Electric, Inc., #5 Proposed Summons Proposed Summons for Fros Air Conditioning & Heating, Inc., #6 Proposed Summons Proposed Summons for LME Inc., #7 Proposed Summons Proposed Summons for Larry Masci Electric, Inc., #8 Proposed Summons Proposed Summons for ABJ Fire Protection Co., #9 Civil Cover Sheet Civil Cover Sheet) (Miranda, Michael)
February 23, 2021 Your proposed summonses were not issued for the following reason: If multiple defendants, there must me a rider attached to the summons with the name and addresses of all defendants included. (Bowens, Priscilla)
February 23, 2021 Case Assigned to Judge Eric R. Komitee 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. (Bowens, Priscilla)

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Defendant: Fros Air Conditioning & Heating, Inc.
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Defendant: ABJ Fire Protection Co.
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Defendant: Mussumeci Electric, Inc.
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Defendant: LME Inc.
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Defendant: Gateway Property Solutions Ltd
Represented By: Neil L. Sambursky
Represented By: George Maniatis
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Defendant: Rosewood Realty Rochester, LLC
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Defendant: FPM Realty LLC
Represented By: James Peter Nonkes
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Defendant: Larry Masci Electric, Inc.
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Plaintiff: Penn-Star Insurance Company
Represented By: Steven Verveniotis
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