Globe Wholesale Tobacco Distributors Inc. v. Arch Insurance Company et al
| Globe Wholesale Tobacco Distributors Inc. |
| Arch Specialty Insurance Company and Arch Insurance Company |
| 1:2021cv02878 |
| May 21, 2021 |
| US District Court for the Eastern District of New York |
| Eric R Komitee |
| Taryn A Merkl |
| Insurance |
| 28 U.S.C. ยง 1332 Diversity-Insurance Contract |
| None |
Docket Report
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This docket was last retrieved on July 15, 2021. A more recent docket listing may be available from PACER.
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Minute Entry and Order: A telephonic Initial Conference and Pre-motion Conference was held on 7/15/2021 before Magistrate Judge Taryn A. Merkl. Appearances by Randy Kleinman for the plaintiff and Eric Leibowitz for the defendants. As stated on the record, the parties are prepared to discuss the retention of defendant Arch Insurance Company (AIC) as a defendant in this matter, and will advise the court in two weeks as to whether defendant AIC intends to file a pre-answer motion to dismiss. The parties are directed to file a joint status report with the court by 7/29/2021 indicating whether defendant AIC will proceed by motion. If a motion is necessary, the parties are respectfully directed to include a mutually agreed-upon proposed briefing schedule in the status report. In addition, the parties represented that Rule 26 initial disclosures have been exchanged. The parties' discovery plan is adopted, in part, as follows. The parties shall exchange their first requests for production of documents and interrogatories by 8/14/2021, with Phase I discovery to be completed by 9/13/2021. The deadline for joining additional parties and amending the pleadings is 10/12/2021. Fact discovery shall be completed on or before 11/26/2021, and the parties shall file a certification on ECF of the close of fact discovery on or before 12/3/2021. Expert witness reports shall be exchanged by 12/27/2021. All discovery shall be completed by 2/11/2022, and the parties shall file a certification on ECF of the close of all discovery on or before 2/18/2021. The last date to take the first step in dispositive motion practice is 3/11/2022, and should be done in accordance with Judge Eric Komitees Individual Rules and Practices. A telephonic Status Conference will take place on 9/29/2021 at 2:15 p.m. before Magistrate Judge Taryn A. Merkl. The parties are directed to call the toll-free number (877) 336-1839. The access code is 3914302. The security code is 212878. The parties shall dial in five (5) minutes before the scheduled conference. Ordered by Magistrate Judge Taryn A. Merkl on 7/15/2021. (AT&T Log #10:30-10:53.) (Chan, Kaity)
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| Filing 8 CASE MANAGEMENT STATEMENT (Kleinman, Randy) |
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Filing 7
ORDER: The Motion for Pre Motion Conference #5 is granted. A telephonic Initial Conference and Pre-Motion Conference will take place before Magistrate Judge Taryn A. Merkl on 7/15/2021 at 10:30 a.m. The parties are directed to call the toll-free number (877) 336-1839. The access code is 3914302. The parties shall dial in five (5) minutes before the scheduled conference. Counsel are directed to complete the attached Case Management Worksheet with respect to the non-moving parties and electronically file same with the Court no later than 7/13/2021. Should the parties wish to adopt a plan for discovery different from the structure in the worksheet, they may do so only if they file a letter explaining why such a plan is appropriate in this case. Ordered by Magistrate Judge Taryn A. Merkl on 6/23/2021. (Cahn, Gabriel)
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ORDER REFERRING #5 Letter MOTION for pre motion conference -- The motion for pre-motion conference filed by defendants and any related motion practice is respectfully referred to Magistrate Judge Merkl. Ordered by Judge Eric R. Komitee on 6/21/2021. (Guy, Alicia)
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| Filing 6 RESPONSE in Opposition re #5 Letter MOTION for pre motion conference re anticipated Motion to Dismiss or, in the alternative, Summary Judgment filed by Globe Wholesale Tobacco Distributors Inc.. (Kleinman, Randy) |
| NOTICE -- Defendants submitted a letter requesting a pre-motion conference on an anticipated motion to dismiss AIC pursuant to Federal Rule of Civil Procedure 12(b)(6) or, in the alternative, for summary judgment pursuant to Federal Rule of Civil Procedure 56 on May 27, 2021. Plaintiff's counsel is reminded that pursuant to Rule III.B.4 of # Judge Komitee's Individual Motion Practices and Rules, plaintiff is required to serve and file a letter response of three pages or less, within five days from service of defendants' letter (Guy, Alicia) |
| Filing 5 Letter MOTION for pre motion conference re anticipated Motion to Dismiss or, in the alternative, Summary Judgment by Arch Insurance Company. (Leibowitz, Eric) |
| Filing 4 ANSWER to Complaint by Arch Specialty Insurance Company. (Leibowitz, Eric) |
| 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) |
| Filing 2 Corporate Disclosure Statement by Arch Insurance Company, Arch Specialty Insurance Company (Leibowitz, Eric) |
| Filing 1 NOTICE OF REMOVAL by Arch Insurance Company, Arch Specialty Insurance Company from Supreme Court - State of New York - Kings County, case number 508526/2021. ( Filing fee $ 402 receipt number ANYEDC-14496565) (Attachments: #1 Exhibit A - Summons and Verified Complaint, #2 Exhibit B - Affidavit of Service on AIC, #3 Exhibit C - Affidavit of Service on ASIC, #4 Certification of Counsel in support of Notice of Removal, #5 Civil Cover Sheet Civil Cover Sheet, #6 Affidavit of Service Affidavit of Service) (Leibowitz, Eric) |
| This case has been opened in the Eastern District of New York. 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. (Davis, Kimberly) |
| Case Assigned to Judge Eric R. Komitee and Magistrate Judge Taryn A. Merkl. 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) |
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