American Empire Surplus Lines Insurance Company v. Sunny Builders NY Corp. et al
| American Empire Surplus Lines Insurance Company |
| Sunny Builders NY Corp. and Luis Caguana |
| 1:2021cv02773 |
| May 17, 2021 |
| US District Court for the Eastern District of New York |
| Ramon E Reyes |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Insurance Contract |
| None |
Docket Report
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This docket was last retrieved on July 6, 2021. A more recent docket listing may be available from PACER.
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| Minute Entry for proceedings held before Magistrate Judge Ramon E. Reyes, Jr:Telephone Initial Conference held on 7/6/2021. Case called. Plaintiff represented by John D. McKenna, Esq. Defendant Luis Caguana represented by Jeffrey A. Berson. No appearance made by Defendant Sunny Builders NY Corp. Discussions held on the record. The Case Management Statement #19 is approved and entered by the Court. The parties are directed to do research and find case law on whether the Consent to Magistrate Judges jurisdiction is valid since there's a defaulting Defendant Sunny Builders NY Corp. Further discussions on the consent issue will be addressed at the next teleconference. All discovery, including depositions of experts, shall be completed on or before 1/6/2022. Final Pretrial Conference set for 1/13/2022 at 11:00 AM in Courtroom 13D South before Magistrate Judge Ramon E. Reyes, Jr.; Telephone Conference set for 10/13/2021 at 11:00 AM before Magistrate Judge Ramon E. Reyes, Jr using the AT&T toll free number 1-888-684-8852 and Access Code 5496961# to join the teleconference. (FTR Log#AT&T 11:00AM 11:16AM) Contact the E.S.R., Dept. at (718)613-2590 to order the transcript. (Vertus, Miriam) |
| Filing 19 CASE MANAGEMENT STATEMENT (McKenna, John) |
Filing 18
AMENDED SCHEDULING ORDER: Telephone Initial Conference set for 7/6/2021 at 11:00 AM before Magistrate Judge Ramon E. Reyes, Jr using the AT&T toll-free number 1-888-684-8852 and Access Code 5496961# to participate in the scheduled telephone conference. Prior to the conference, the parties are to comply with the requirements of Rule 26(f) of the Fed. R. Civ. P. (See attached blank document) Case Management Statement must be completed and filed on ECF no later than 7/2/2021. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 7/1/2021. (Vertus, Miriam) Modified on 7/1/2021 (Vertus, Miriam).
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| Filing 17 CONSENT to Jurisdiction by US Magistrate Judge Case reassigned to Magistrate Judge Ramon E. Reyes, Jr for all further proceedings. Judge Brian M. Cogan no longer assigned to case 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. (Guzzi, Roseann) |
| Filing 16 NOTICE by American Empire Surplus Lines Insurance Company Consent to a Magistrate Judge (McKenna, John) |
| Filing 15 Clerk's ENTRY OF DEFAULT It appearing from the docket maintained in this action that defendant Sunny Builders NY Corp. has failed to appear or otherwise defend this action, the default of defendant Sunny Builders NY Corp. is hereby noted pursuant to Rule 55a of the Federal Rules of Civil Procedure. (Poveda, J.) |
| Filing 14 Request for Certificate of Default by American Empire Surplus Lines Insurance Company (Attachments: #1 Proposed Certificate of Default) (McKenna, John) |
| Filing 13 SUMMONS Returned Executed by American Empire Surplus Lines Insurance Company. Sunny Builders NY Corp. served on 6/2/2021, answer due 6/23/2021. (McKenna, John) |
| Filing 12 ANSWER to #11 Amended Complaint by Luis Caguana. (Berson, Jeffrey) |
| Filing 11 AMENDED COMPLAINT against All Defendants, filed by American Empire Surplus Lines Insurance Company. (McKenna, John) |
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Filing 10
SCHEDULING ORDER: A telephonic Initial Status Conference is set for 7/6/2021 at 10:30 am. Parties will use the toll-free number 888-684-8852, access code 6427877# and security code 2773#. The parties are directed to comply with the attached mandatory requirements including filing on the docket a completed case management plan prior to the conference. Ordered by Judge Brian M. Cogan on 5/21/2021. (Weisberg, Peggy)
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| Filing 9 Letter re: diversity by American Empire Surplus Lines Insurance Company (Attachments: #1 Amended Complaint, #2 Exhibit A - Underlying Complaint) (McKenna, John) |
| Filing 8 AMENDED COMPLAINT against All Defendants, filed by American Empire Surplus Lines Insurance Company. (Attachments: #1 Exhibit Exhibit A - Underlying Complaint) (McKenna, John) |
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Filing 7
ORDER granting #2 Motion for Refund of Fees Paid Electronically Ordered by Clerk of Court on 5/20/2021. (Marziliano, August)
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| Filing 6 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) |
| Filing 5 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 4 Summons Issued as to All Defendants. (Bowens, Priscilla) |
| Filing 3 DISCLOSURE of Interested Parties by American Empire Surplus Lines Insurance Company. (Bowens, Priscilla) |
| Filing 2 Letter MOTION for Refund of Fees Paid Electronically by American Empire Surplus Lines Insurance Company. (McKenna, John) |
| Filing 1 COMPLAINT against All Defendants filing fee $ 402, receipt number ANYEDC-14484212 Was the Disclosure Statement on Civil Cover Sheet completed -yes,, filed by American Empire Surplus Lines Insurance Company. (Attachments: #1 Civil Cover Sheet, #2 Rule 7.1 Statement, #3 Proposed Summons) (McKenna, John) |
| Case Assigned to Judge Brian M. Cogan. 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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ORDER TO SHOW CAUSE. Plaintiff is ORDERED TO SHOW CAUSE by 5/24/2021 why this action should not be dismissed for failure to properly allege subject matter jurisdiction. The complaint does not allege whether plaintiff is a corporation and unless it is, its state of "organization" and principal place of business are irrelevant. Plaintiff's Rule 7.1 statement does not assist on that issue. If plaintiff is a business entity other than a corporation, it must identify all of its members' or partners' names and the citizenship of each until the identity and citizenship of all of the direct and indirect owners has been alleged. See 147-149 McCarren LLC v. Holding De Gestiion Turistica MIJ Spain S.L., No. 21-cv-950, 2012 WL 878557 (E.D.N.Y. March 9, 2021). Ordered by Judge Brian M. Cogan on 5/19/2021. (Weisberg, Peggy)
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