Cook Harrison v. Old Republic Insurance Company
| Crystal D. Cook Harrison |
| Old Republic Insurance Company, Liberty Mutual Insurance Company, James River Insurance Company and Allstate Insurance Company |
| 1:2022cv02520 |
| May 3, 2022 |
| US District Court for the Eastern District of New York |
| Diane Gujarati |
| Ramon E Reyes |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Notice of Removal |
| None |
Docket Report
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ELECTRONIC ORDER granting #13 Motion to Adjourn 6/16/2022 Initial Conference. Telephone Conference set for 10/18/2022 at 11:00 AM dialing 1-888-684-8852, access code 5496961# to appear before Magistrate Judge Ramon E. Reyes, Jr. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 6/14/2022. (Vertus, Miriam)
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| Filing 13 Letter MOTION to Adjourn Conference by Old Republic Insurance Company. (Hemway, Michael) |
| Filing 12 CASE MANAGEMENT STATEMENT (Hemway, Michael) |
| Filing 11 ANSWER to #10 Answer to Complaint, Crossclaim by Allstate Insurance Company. (Attachments: #1 Affidavit of Service) (Albee, Christopher) |
| Filing 10 First ANSWER to Complaint , First CROSSCLAIM against Allstate Insurance Company, James River Insurance Company, Liberty Mutual Insurance Company by Old Republic Insurance Company. (Hemway, Michael) |
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Filing 9
SCHEDULING ORDER: Initial Conference set for 6/16/2022 at 11:30 AM via video before Magistrate Judge Ramon E. Reyes, Jr. The attorneys are directed to appear via video using the Zoomgov invitation link sent to the email addresses listed on the docket and all other participates may join by phone dialing 1 551 285 1373 (US) Meeting ID: 161 553 9457 Passcode: 795698. Any requests for adjournment must be made in writing on notice to opposing parties, and must disclose whether all parties consent. No request for adjournment will be considered unless made at least forty-eight (48) hours before the scheduled 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 6/13/2022. Counsel with knowledge and authority must be present. Per diem counsel may not appear without prior permission of the Court. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 5/27/2022. (Vertus, Miriam)
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| Filing 8 NOTICE of Appearance by David Liff Henderson on behalf of Crystal D. Cook Harrison (notification declined or already on case) (Henderson, David) |
| Filing 7 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 6 Case transferred in from District of New York Southern; Case Number 1:22-cv-03279. Original file certified copy of transfer order and docket sheet received. |
| 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. (Bowens, Priscilla) |
| CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Eastern District of New York.(ate) [Transferred from New York Southern on 5/3/2022.] |
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Filing 5
ORDER: Accordingly, the Court hereby transfers this case to the United States District Court for the Eastern District of New York pursuant to 28 U.S.C. 1406(a) because "[r]emoval of an action to an improper district is not a jurisdictional defect, but is akin to an improper venue situation," Jackson, 2007 WL 1871511, at *1 (internal quotations omitted), and "[a]n improper designation of venue may be remedied by transferring the action to the proper district," St. Paul Fire & Marine Ins., Co. v. Architron Designers and Builders, Inc., No. 05 Civ. 1872, 2007 WL 757910, at *1 (E.D.N.Y. Mar. 8, 2007). See Ullah v. Fed. Deposit Ins. Corp., 852 F.Supp. 218, 221 (S.D.N.Y.1994) ("Improper removal to this district of a state court case pending in the Eastern District of New York does not compel remand of the case to the state court so that it can then be removed to the Eastern District. That would bring about additional delay and expense while serving no useful purpose."). The Clerk of Court is directed to remove this case from this Court's docket and transfer it to the United States District Court for the Eastern District of New York. (Signed by Judge J. Paul Oetken on 4/22/2022) (ate) Transmission to Office of the Clerk of Court for processing. [Transferred from New York Southern on 5/3/2022.]
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| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge J. Paul Oetken. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(vf) [Transferred from New York Southern on 5/3/2022.] |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Michael Joseph Hemway. The party information for the following party/parties has been modified: Michael Joseph Hemway. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly. (vf) [Transferred from New York Southern on 5/3/2022.] |
| Magistrate Judge Barbara C. Moses is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (vf) [Transferred from New York Southern on 5/3/2022.] |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Michael Joseph Hemway re: Document No. #1 Notice of Removal,. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents. (vf) [Transferred from New York Southern on 5/3/2022.] |
| Case Designated ECF. (vf) [Transferred from New York Southern on 5/3/2022.] |
| ADD PARTY FOR PLEADING. Defendants/Respondents Crystal D. Cook Harrison added. Party added pursuant to #1 Notice of Removal,.Document filed by Old Republic Insurance Company, Liberty Mutual Insurance Company, James River Insurance Company, Allstate Insurance Company. Related document: #1 Notice of Removal,..(Hemway, Michael) [Transferred from New York Southern on 5/3/2022.] |
| Filing 4 FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Old Republic General Insurance Group, Inc. for Old Republic Insurance Company. Document filed by Old Republic Insurance Company..(Hemway, Michael) [Transferred from New York Southern on 5/3/2022.] |
| Filing 3 FILING ERROR - CORPORATE PARENT/OTHER AFFILIATE NOT ADDED -FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT.. Document filed by Old Republic Insurance Company..(Hemway, Michael) Modified on 4/21/2022 (kw). [Transferred from New York Southern on 5/3/2022.] |
| Filing 2 CIVIL COVER SHEET filed..(Hemway, Michael) [Transferred from New York Southern on 5/3/2022.] |
| Filing 1 NOTICE OF REMOVAL from Supreme, County of Queens. Case Number: 704405/2022. (Filing Fee $ 402.00, Receipt Number ANYSDC-26042091).Document filed by Old Republic Insurance Company. (Attachments: #1 Exhibit notice of removal with Exhibit S&C).(Hemway, Michael) [Transferred from New York Southern on 5/3/2022.] |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Notice to Attorney Michael Hemway to RE-FILE Document No. #3 Rule 7.1 Corporate Disclosure Statement. The filing is deficient for the following reason(s): the corporate parent/other affiliate was not added;. Re-file the document using the event type Rule 7.1 Corporate Disclosure Statement found under the event list Other Documents - select the correct filer/filers - attach the correct PDF - when prompted with the message "Are there any corporate parents or other affiliates?", select the Yes radio button - enter the corporate parent/other affiliate, click the Search button - select the correct corporate parent/other affiliate name from the search results list or if no person found, create a new corporate parent/other affiliate - select the party to whom the corporate parent/other affiliate should be linked - add corporate parent/other affiliate names one at a time. (kw) [Transferred from New York Southern on 5/3/2022.] |
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