The Travelers Indemnity Company of America v. Starr Indemnity Liability Company
| The Travelers Indemnity Company of America |
| Starr Indemnity Liability Company |
| 1:2022cv03467 |
| June 13, 2022 |
| US District Court for the Eastern District of New York |
| Margo K Brodie |
| Marcia M Henry |
| Insurance |
| 28 U.S.C. ยง 1332 Diversity-Injunctive & Declaratory Relief |
| None |
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ORDER: GRANTING #12 Motion for Extension of Time to File Answer. Defendant requests an extension of time to answer or otherwise respond to the Complaint after the deadline to answer has elapsed. The Court has considered Defendant's motion and under the standards set forth in Enron Oil Corp. v. Diakuhara, 10 F.3d 90, 96 (2d Cir. 1993), the Court is satisfied that Defendant has demonstrated "good cause" as to why it should be permitted to respond to the Complaint after the deadline and why any default should be vacated. See Fed. R. Civ. P. 55(c); see also John v. Sotheby's, Inc., 141 F.R.D. 29, 35 (S.D.N.Y. 1992) ("The filing of a late answer is analogous to a motion to vacate a default."); Liang v. Home Reno Concepts, LLC, 803 F. App'x 444, 446 n.2 (2d Cir. 2020). Specifically, Defendant has shown that (1) the default was not willful and (2) that Plaintiff would not be prejudiced by vacating the default since he has consented to the request. In light of the "oft-stated preference for resolving disputes on the merits," the motion is granted. See Enron Oil Corp., 10 F.3d at 95. Accordingly, Defendants' deadline to answer or otherwise respond to the Complaint is 09/15/2022. So Ordered by Magistrate Judge Marcia M. Henry on 08/01/2022. (Gans, Courtney)
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| Filing 12 First MOTION for Extension of Time to File Answer by Starr Indemnity Liability Company. (Attachments: #1 Proposed Order) (Shapiro, Steven) |
| Filing 11 Corporate Disclosure Statement by Starr Indemnity Liability Company identifying Corporate Parent Starr International Company, Inc. for Starr Indemnity Liability Company. (Shapiro, Steven) |
| Filing 10 NOTICE of Appearance by Steven Robert Shapiro on behalf of Starr Indemnity Liability Company (aty to be noticed) (Shapiro, Steven) |
| Filing 9 SUMMONS Returned Executed by The Travelers Indemnity Company of America. Starr Indemnity Liability Company served on 6/27/2022, answer due 7/18/2022. (Fain, Rachel) |
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ORDER: GRANTING #8 Motion to Withdraw as Attorney. Attorney Meg. R. Reid is terminated from the docket. So Ordered by Magistrate Judge Marcia M. Henry on 06/29/2022 (Gans, Courtney)
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| Filing 8 Amended MOTION to Withdraw as Attorney Meg Rose Reid by The Travelers Indemnity Company of America. (Fain, Rachel) |
| Filing 7 NOTICE of Appearance by Rachel Fain on behalf of The Travelers Indemnity Company of America (aty to be noticed) (Fain, Rachel) |
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ORDER: DENYING #6 Motion to Withdraw as Attorney without prejudice. The motion does not state whether the attorney is asserting a retaining or charging lien. See Local Civil Rule 1.4. The motion also states that attorney Rachel J. Fain has entered a notice of appearance, but no such attorney appears on the docket. Counsel shall file an amended motion by 07/05/2022. So Ordered by Magistrate Judge Marcia M. Henry on 06/27/2022. (Gans, Courtney)
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| Filing 6 MOTION to Withdraw as Attorney by The Travelers Indemnity Company of America. (Reid, Meg) |
| Filing 5 NOTICE of Appearance by Lisa Marie Szczepanski on behalf of The Travelers Indemnity Company of America (aty to be noticed) (Szczepanski, Lisa) |
| Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) |
| 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. (Bowens, Priscilla) |
| Filing 2 Summons Issued as to Starr Indemnity Liability Company. (Bowens, Priscilla) |
| Filing 1 COMPLAINT against Starr Indemnity Liability Company filing fee $ 402, receipt number ANYEDC-15655090 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by The Travelers Indemnity Company of America. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Proposed Summons Proposed Summons) (Reid, Meg) |
| 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. (Bowens, Priscilla) |
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| Plaintiff: The Travelers Indemnity Company of America | |
| Represented By: | Meg R. Reid |
| Represented By: | Lisa Marie Szczepanski |
| Represented By: | Rachel Fain |
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| Defendant: Starr Indemnity Liability Company | |
| Represented By: | Steven Robert Shapiro |
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