Thomas v. Continental Insurance Company
| Jashaun N. Thomas |
| Continental Insurance Company |
| 1:2022cv07027 |
| November 17, 2022 |
| US District Court for the Eastern District of New York |
| Frederic Block |
| Lois Bloom |
| Insurance |
| 28 U.S.C. ยง 1332 Diversity-Insurance Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 11, 2023. A more recent docket listing may be available from PACER.
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| Filing 11 Letter Withdrawing "Bad Faith" Cause of Action Only by Jashaun N. Thomas (Henderson, David) |
SCHEDULING ORDER: In light of plaintiff's letter #11 the in person pre-motion conference scheduled for January 24, 2023 @ 3:00 pm is canceled. Upon receipt of this email counsel shall confirm with each other that this in person pre-motion conference is canceled. Ordered by Judge Frederic Block on 1/11/2023. (MI)
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ORDER: The Court is in receipt of the parties' stipulation to amend the name of defendant Continental Insurance Company to Continental Casualty Company. The stipulation is so-ordered and the Clerk of Court is respectfully directed to amend the caption accordingly. Ordered by Magistrate Judge Lois Bloom on 12/9/2022. (EW)
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| Filing 10 STIPULATION to Amend Caption by Jashaun N. Thomas (Henderson, David) |
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ORDER: The Court held the initial conference in this removal diversity matter on December 8, 2022 and sets the following deadlines: plaintiff shall produce medical authorizations to defendant by December 15, 2022. Any motion to amend the pleadings or join other parties shall be filed by December 30, 2022, Fed. R. Civ. P. 16(b)(3)(A). The Court declines to adopt the other deadlines proposed in the parties' proposed discovery plan, ECF No. #9 , at this time.The Court shall hold a status conference by telephone on January 19, 2023 at 11:00 a.m. All parties shall call the Chambers telephone conference line at (888) 363-4734 and use the access code 4444221 promptly at 11:00 a.m. The Court strongly encourages the parties to pursue settlement. Ordered by Magistrate Judge Lois Bloom on 12/8/2022. (EW)
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| Minute Entry for proceedings held before Magistrate Judge Lois Bloom:Initial Conference Hearing held on 12/8/2022 (FTR Log #10:10-10:45.) (EW) |
| Filing 9 REPORT of Rule 26(f) Planning Meeting (Henderson, David) |
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ORDER: Defendant requests an adjournment of the initial conference and that the Court set discovery deadlines "for dates after Continental's motion [to dismiss] is determined." ECF No. #8 at 1-2. Construed as a motion to stay all discovery, the request is denied without prejudice. Defendant's motion to dismiss, even if granted, would only result in dismissal of plaintiff's bad faith claims, ECF No. 4 at 2, and would not dispose of the underlying breach of contract claim. See CT Espresso LLC v. Lavazza Premium Coffees Corp., No. 22-CV-377 (VSB), 2022 WL 1639485 at *2 (S.D.N.Y. May 24, 2022) (denying motion to stay discovery where the party seeking stay filed a partial motion to dismiss which would not resolve the entire action).The Court shall hold the initial conference on December 8, 2022, at 10:00 a.m. in Courtroom 11A South as scheduled. The parties shall exchange their Rule 26(a)(1) initial disclosures and file their Rule 26(f) Meeting Report with the Court by December 6, 2022. Ordered by Magistrate Judge Lois Bloom on 12/2/2022. (IK)
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| Filing 8 Letter MOTION for Extension of Time to Complete Discovery by Continental Insurance Company. (Shyer, David) |
| Filing 7 DEMAND for Trial by Jury by Jashaun N. Thomas (Henderson, David) |
| Filing 6 NOTICE of Appearance by David Liff Henderson on behalf of Jashaun N. Thomas (notification declined or already on case) (Henderson, David) |
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Filing 5
SCHEDULING ORDER: The defendant's letter application #4 dated 11/22/23 is GRANTED. An in person pre motion conference is scheduled for January 24, 2023 @ 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 11/23/2022. (MI)
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| Set/Reset Hearings: In Person Pre-Motion Conference set for 1/24/2023 03:00 PM before Judge Frederic Block. (MI) |
| Filing 4 Letter MOTION for pre motion conference for motion to dismiss bad faith claims by Continental Insurance Company. (Shyer, David) |
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ORDER: Defendant removed this insurance contract case from Queens County Supreme Court, invoking this Court's diversity jurisdiction. ECF No. 1. The Court shall hold the initial conference on December 8, 2022, at 10:00 a.m. in Courtroom 11A South of the United States Courthouse, 225 Cadman Plaza East, Brooklyn, New York. Defendants shall respond to plaintiff's complaint by November 24, 2022. Fed. R. Civ. P. 81(c)(2). Any party seeking a trial by jury shall file a jury demand by December 1, 2022. Fed. R. Civ. P. 81(c)(3). The parties shall exchange their Rule 26(a)(1) initial disclosures and file their Rule 26(f) Meeting Report with the Court by December 1, 2022. Parties are advised that they must contact each other before making any request for an adjournment to the Court. Any request for an adjournment must be electronically filed with the Court at least seventy-two (72) hours before the scheduled conference. Ordered by Magistrate Judge Lois Bloom on 11/18/2022. (HY)
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| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (KD) |
| 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. (KD) |
| Filing 1 NOTICE OF REMOVAL by Continental Insurance Company from Supreme Court of the State of New York, County of Queens, case number 718298/2022. ( Filing fee $ 402 receipt number ANYEDC-16150112) (Attachments: #1 Exhibit State Court Summons and Verified Complaint, #2 Civil Cover Sheet) (Shyer, David) |
| Case Assigned to Judge Frederic Block and Magistrate Judge Lois Bloom. 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. (KD) |
| 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. (KD) |
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| Plaintiff: Jashaun N. Thomas | |
| Represented By: | David Liff Henderson |
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| Defendant: Continental Insurance Company | |
| Represented By: | David Shyer |
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