Rockford Holding Group, LLC v. AGCS Marine Insurance Company
| Rockford Holding Group, LLC |
| AGCS Marine Insurance Company |
| 1:2021cv03670 |
| June 29, 2021 |
| US District Court for the Eastern District of New York |
| Margo K Brodie |
| Marcia M Henry |
| Insurance |
| 28 U.S.C. ยง 1332 Diversity-(Citizenship) |
| None |
Docket Report
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Filing 8
SCHEDULING ORDER: A telephone initial conference is scheduled for 09/09/2021 at 12:00PM before Magistrate Judge Marcia M. Henry. All counsel must attend. The parties are directed to call the toll-free number 888-808-6929. The access code is 9281384. The parties shall dial in five (5) minutes before the conference. Counsel are directed to review the attached Initial Conference Order and this Court's Individual Practice Rules for instructions. By 09/01/2021, the parties must file a joint and completed copy of the attached Proposed Discovery Plan (also available in PDF format at: #https://img.nyed.uscourts.gov/files/local_rules/ProposedDiscoveryPlanMMH.pdf). So Ordered by Magistrate Judge Marcia M. Henry on 07/20/2021. (Attachments: #1 Proposed Discovery Plan, #2 Individual Practice Rules) (Castro, Ricardo)
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ORDER re #7 Response to Order to Show Cause. In light of Defendant's #7 submission, the Court notes that removal appears to have been timely. Ordered by Chief Judge Margo K. Brodie on 7/18/2021. (Bacchi, Joseph)
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| Filing 7 RESPONSE TO ORDER TO SHOW CAUSE by AGCS Marine Insurance Company (Attachments: #1 Exhibit 1 - Email Correspondence) (Fitzpatrick, Kiera) |
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ORDER TO SHOW CAUSE: The Court orders Defendant to show cause why this matter should not be remanded as Defendant has not submitted facts indicating when the 30-day removal period began and thus whether removal is timely. See, e.g., GMAC Mortg., LLC v. Delphonse, No. 07-CV-2238, 2007 WL 3353508, at *2 (E.D.N.Y. Nov. 8, 2007) ("[The defendant] does not provide this [c]ourt with the actual date she received [the plaintiff's] complaint and cannot establish that the notice of removal is therefore timely.") The notice of removal of a civil action must be filed "within 30 days after the receipt by the defendant, through service or otherwise, of a copy of the initial pleading...." 28 U.S.C. 1446(b)(1). Defendant asserts that it has not received notice or service of the Complaint from its statutory agent and thus "the trigger date for removal has not expired." (Notice of Removal 6-8, Docket Entry No. 1.) Accordingly, Defendant is ordered to show cause on or before July 14, 2021, as to why the case should not be remanded pursuant to 28 U.S.C. 1446(b). Ordered by Chief Judge Margo K. Brodie on 7/7/2021. (Bacchi, Joseph)
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| Filing 6 ANSWER to Complaint (Notice of Removal) by AGCS Marine Insurance Company. (Fitzpatrick, Kiera) |
| Filing 5 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly) |
| Filing 4 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) |
| 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 Chief Judge Margo K. Brodie and Magistrate Judge Marcia M. Henry. 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 3 NOTICE of Appearance by Anthony Michael Tessitore on behalf of AGCS Marine Insurance Company (aty to be noticed) (Tessitore, Anthony) |
| Filing 2 NOTICE of Appearance by Kiera Lynne Fitzpatrick on behalf of AGCS Marine Insurance Company (notification declined or already on case) (Fitzpatrick, Kiera) |
| Filing 1 NOTICE OF REMOVAL by AGCS Marine Insurance Company from Supreme Court State of New York, Kings County, case number 508333/2021. ( Filing fee $ 402 receipt number ANYEDC-14612170) (Attachments: #1 Exhibit 1 - Summons & Complaint, #2 Exhibit 2 - Affidavit of Ryan Bryson, #3 Exhibit 3 - Dept Financial Services Affidavit, #4 Civil Cover Sheet) (Fitzpatrick, Kiera) |
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| Defendant: AGCS Marine Insurance Company | |
| Represented By: | Kiera Lynne Fitzpatrick |
| Represented By: | Anthony Michael Tessitore |
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| Plaintiff: Rockford Holding Group, LLC | |
| Represented By: | Johnathan C. Lerner |
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