Bref-Master Cove, LLC et al v. Certain Underwriters at Lloyds, London et al
| BREF-MASTER COVE, LLC, ROBIN 416, LLC and SPANISH TRAIL 4470 LLC |
| CERTAIN UNDERWRITERS AT LLOYDS, LONDON, INDIAN HARBOR INSURANCE COMPANY, QBE SPECIALY INSURANCE COMPANY, GENERAL SECURITYINDEMNITY COMPANY OF ARIZONA, UNITED SPECIALTY INSURANCE COMPANY, LEXINGTON INSURANCE COMPANY, SAFETY SPECIALTY INSURANCE COMPANY, HDI GLOBAL SPECIALTY, SE, OLD REPUBLIC UNION INSURANCE COMPANY, General Security Indemnity Company of Arizona and QBE Specialty Insurance Company |
| 1:2021cv05139 |
| September 15, 2021 |
| US District Court for the Eastern District of New York |
| Frederic Block |
| Sanket J Bulsara |
| Insurance |
| 28 U.S.C. § 1331 Fed. Question: Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 10, 2021. A more recent docket listing may be available from PACER.
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Filing 15
ORDER: The defendant's letter application #14 dated 10/26/21 is GRANTED. An in person pre motion conference is scheduled for November 23, 2021 @ 3:00PM. The Court expects the parties to be conversant with the underlying facts and prepared to discuss the legal issues arising therefrom. The parties are reminded that they are obligated to discuss the prospect of settlement and may be required to provide the Court with a report of such discussions . If this date presents a conflict counsel shall first obtain the consent from all the parties to adjourn this in person pre-motion conference and then file a letter application. Upon receipt of this email counsel shall confirm with each other of the date and time of this in person pre-motion conference. Ordered by Judge Frederic Block on 11/10/2021. (Innelli, Michael)
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| Set/Reset Hearings: In Person Pre-Motion Conference set for 11/23/2021 03:00 PM before Judge Frederic Block. (Innelli, Michael) |
| Filing 14 MOTION for pre motion conference re #12 Amended Complaint by Certain Underwriters at Lloyds, London, General Security Indemnity Company of Arizona, HDI Global Specialty, SE, Indian Harbor Insurance Company, Lexington Insurance Company, Old Republic Union Insurance Company, QBE Specialty Insurance Company, Safety Specialty Insurance Company, United Specialty Insurance Company. (Nelson, David) |
| Filing 13 Letter to Judge pursuant to the Courts order dated September 29, 2021 by Bref-Master Cove, LLC, Robin 416, LLC, Spanish Trail 4470 LLC (Delgado, Javier) |
| Filing 12 AMENDED COMPLAINT against All Defendants, filed by Spanish Trail 4470 LLC, Robin 416, LLC, Bref-Master Cove, LLC. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit) (Delgado, Javier) |
| NOTICE: Counsel(s) shall disregard the previous scheduling order dated 10/18/2021 that may have been received via email, it was filed in error. (Manson, Eddie) |
| Filing 11 NOTICE of Consent to Change Attorney by Jeffrey Steven Weinstein (Weinstein, Jeffrey) |
| Filing 10 NOTICE of Appearance by Jeffrey Steven Weinstein on behalf of Certain Underwriters at Lloyds, London, General Security Indemnity Company of Arizona, HDI Global Specialty, SE, Indian Harbor Insurance Company, Lexington Insurance Company, Old Republic Union Insurance Company, QBE Specialty Insurance Company, Safety Specialty Insurance Company, United Specialty Insurance Company (aty to be noticed) (Weinstein, Jeffrey) |
| Filing 9 NOTICE of Appearance by David Andrew Nelson on behalf of Certain Underwriters at Lloyds, London, General Security Indemnity Company of Arizona, HDI Global Specialty, SE, Indian Harbor Insurance Company, Lexington Insurance Company, Old Republic Union Insurance Company, QBE Specialty Insurance Company, Safety Specialty Insurance Company, United Specialty Insurance Company (aty to be noticed) (Nelson, David) |
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Filing 8
ORDER: For the reasons stated in the attached Order, Plaintiff BREF-Master Cove, LLC's letter in response to the Court's order to show cause dated September 17, 2021 fails to establish the necessary subject matter jurisdiction. Plaintiff is free to file an amended complaint, but is reminded that frivolous or baseless assertions of jurisdiction may result in the imposition of sanctions. See Fed. R. Civ. P. 11(c)(3). Any amended complaint must be accompanied by a letter not to exceed three (3) pages explaining the basis for subject matter jurisdiction. So Ordered by Magistrate Judge Sanket J. Bulsara on 9/29/2021. (Bruckner, Ian)
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| Filing 7 Letter to Judge pursuant to the Courts Order dated September 17, 2021 by Bref-Master Cove, LLC (Delgado, Javier) |
| Filing 6 NOTICE of Appearance by Michael S. Savett on behalf of Certain Underwriters at Lloyds, London, General Security Indemnity Company of Arizona, HDI Global Specialty, SE, Indian Harbor Insurance Company, Lexington Insurance Company, Old Republic Union Insurance Company, QBE Specialty Insurance Company, Safety Specialty Insurance Company, United Specialty Insurance Company (aty to be noticed) (Savett, Michael) |
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ORDER: This case was initiated as a purported attempt to have the Court manage the currently pending arbitration between the parties; and Plaintiffs contend subject matter jurisdiction exists because the contract at issue is subject to arbitration and governed by the Federal Arbitration Act. This is not a basis for the case to be in federal court. "The FAA is something of an anomaly in the realm of federal legislation: It bestows no federal jurisdiction but rather requires for access to a federal forum an independent jurisdictional basis over the parties' dispute." Washington Nat'l Ins. Co. v. OBEX Grp. LLC, 958 F.3d 126, 133 (2d Cir. 2020) (internal citations and quotations omitted). Plaintiffs are ordered to show cause by 9/24/2021 in a letter not exceeding three (3) pages explaining why the case should not be dismissed for lack of subject matter jurisdiction. So Ordered by Magistrate Judge Sanket J. Bulsara on 9/17/2021. (Bruckner, Ian)
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| Filing 5 Summons Issued as to All Defendants. (Bowens, Priscilla) |
| Filing 4 Proposed Summons. Re Letter by Bref-Master Cove, LLC (Delgado, Javier) |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) |
| Filing 2 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) |
| Your proposed summonses were not issued for the following reason: If multiple defendants, there must be a Rider with a list of all names and addresses of defendants attached to the summons. (Bowens, Priscilla) |
| Case Assigned to Judge Frederic Block and Magistrate Judge Sanket J. Bulsara. 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) |
| Filing 1 COMPLAINT against All Defendants filing fee $ 402, receipt number ANYEDC-14841339 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by SPANISH TRAIL 4470 LLC, ROBIN 416, LLC, BREF-MASTER COVE, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Civil Cover Sheet, #5 Proposed Summons Proposed Summons-Lloyds, #6 Proposed Summons Proposed Summons-Indian Harbor, #7 Proposed Summons Proposed Summons-QBE, #8 Proposed Summons Proposed Summons-General, #9 Proposed Summons Proposed Summons-United, #10 Proposed Summons Proposed Summons-LExington, #11 Proposed Summons Proposed Summons-Safety, #12 Proposed Summons Proposed Summons-HDI, #13 Proposed Summons Proposed Summons-Old Republic) (Delgado, Javier) |
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