Allstate Insurance Company v. Robinson et al
| Allstate Insurance Company |
| David Robinson, Luke Galland, Service Tecs, Inc., Ice Age Mechanical Corp., Darci Plumbing Co. and Trisura Specialty Insurance Company as subrogee of The Chocolate Factory |
| 1:2022cv07349 |
| December 5, 2022 |
| US District Court for the Eastern District of New York |
| Marcia M Henry |
| Kiyo A Matsumoto |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Insurance Contract |
| None |
Docket Report
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ORDER granting #16 Letter: Defendant Darci Plumbing Co., Inc.'s deadline to answer or otherwise respond to the Complaint is extended to 02/06/2023. So Ordered by Magistrate Judge Marcia M. Henry on 02/02/2023. (JD)
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| Filing 16 Letter to Court requesting extension of time to file an Answer by Darci Plumbing Co. (Cecere, Frank) Modified on 2/2/2023 to correct event type (JD). |
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MINUTE ENTRY AND ORDER: This Order shall be entered in two cases: Trisura Specialty Insurance Company v. Robinson et al 22-CV-3216(KAM)(MMH) ("Trisura") and Allstate Insurance Company v. Robinson et al., 22-CV-7349(KAM)(MMH) ("Allstate"). The Court held a joint telephone status conference in the Trisura and Allstate actions on 01/19/2023. Appearances in Trisura: Robert W. Phelan for Plaintiff Trisura. Michael Scott Olsen, Jr. for Defendant David Robinson. Christina Killerlane on behalf of Defendant Service Tecs, Inc. David Schultz for Defendant Ice Age Mechanical Corp. Frank Cecere for Defendant Darci Plumbing Co., Inc. Appearance in Allstate: Karen Berberich for Plaintiff Allstate Insurance Company. No defendants appeared, given the recent service of the complaint. In Allstate, Plaintiff Allstate confirmed its intent to seek summary judgment without any discovery. The Court will revisit this issue after the defendants in Allstate appear and answer or otherwise respond to the Allstate complaint. In Trisura, the parties reported progress with depositions and a scheduled site inspection. Defendant Robinson reaffirmed the motion for joinder at ECF No. 46 , which Plaintiff Trisura opposes. The Court granted Defendant Robinsons oral request for leave to file a brief reply, which shall be filed by 02/02/2023. The remaining parties confirmed that they do not intend to file motions for joinder. Defendant Darci Plumbing confirmed intent to withdraw the third-party complaint at 45 , and shall file a notice of voluntary dismissal by 02/02/2023. The parties reported their discussions regarding whether Defendant Ice Age Mechanical Corp. is a proper defendant and, after meeting and conferring, shall file any stipulation of dismissal related to same by 03/01/2023.The parties in Trisura shall appear for a video status conference on 03/01/2023 at 4:30PM. A separate scheduling order shall issue. So Ordered by Magistrate Judge Marcia M. Henry on 01/19/2023. (AT&T Log # 10:06AM-10:42AM) (RC)
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ORDER re Letter #15 : The Court will address the parties' contentions regarding the status of this action and the related action Trisura Specialty Insurance Company v. Robinson et al, 22-CV-3216 (KAM)(MMH) at the 01/19/2023 status conference. So Ordered by Magistrate Judge Marcia M. Henry on 01/17/2023. (JD)
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| Filing 15 Letter from all parties, jointly, by Allstate Insurance Company (Berberich, Karen) |
| Filing 14 SUMMONS Returned Executed by Allstate Insurance Company. Service Tecs, Inc. served on 1/5/2023, answer due 1/26/2023. (Berberich, Karen) |
| Filing 13 SUMMONS Returned Executed by Allstate Insurance Company. Darci Plumbing Co. served on 12/13/2022, answer due 1/3/2023. (Berberich, Karen) |
| Filing 12 SUMMONS Returned Executed by Allstate Insurance Company. Ice Age Mechanical Corp. served on 12/15/2022, answer due 1/5/2023. (Berberich, Karen) |
| Filing 11 SUMMONS Returned Executed by Allstate Insurance Company. Service Tecs, Inc. served on 12/23/2022, answer due 1/13/2023. (Berberich, Karen) |
| Filing 10 SUMMONS Returned Executed by Allstate Insurance Company. Luke Galland served on 12/22/2022, answer due 1/12/2023. (Berberich, Karen) |
| Filing 9 SUMMONS Returned Executed by Allstate Insurance Company. David Robinson served on 12/9/2022, answer due 12/30/2022. (Berberich, Karen) |
| Filing 8 SUMMONS Returned Executed by Allstate Insurance Company. Trisura Specialty Insurance Company as subrogee of The Chocolate Factory served on 12/7/2022, answer due 12/28/2022. (Berberich, Karen) |
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SCHEDULING ORDER: This Order shall be entered in two cases: Allstate Insurance Company v. Robinson et al, 22-CV-7349 (KAM)(MMH) ("Allstate") and Trisura Specialty Insurance Company v. Robinson et al, 22-CV-3216 (KAM)(MMH) ("Trisura"). On December 16, 2022, the Allstate case was reassigned to Judge Kiyo A. Matsumoto and Magistrate Judge Marcia M. Henry for all further proceedings. Accordingly, the Court directs the parties to confer on coordinating the Allstate and Trisura cases and to submit a joint letter regarding how they intend to proceed by 01/12/2023.The Court shall hold a joint telephone status conference for Allstate and Trisura on 01/19/2023 at 10:00AM. All counsel shall appear. 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. The deadline for the parties in Trisura to file motions to join new parties ( C.1) is adjourned sine die pending the next status conference. So Ordered by Magistrate Judge Marcia M. Henry on 12/28/2022. (RC)
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ORDER REASSIGNING CASE. Case reassigned to Judge Kiyo A. Matsumoto and Magistrate Judge Marcia M. Henry for all further proceedings. Judge Frederic Block, Magistrate Judge Vera M. Scanlon no longer assigned to case 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.Ordered by Chief Judge Margo K. Brodie on 12/16/2022 as related to case 22-cv-3216. (SR)
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Filing 7
SCHEDULING ORDER: An Initial Conference is set for 4/5/2023 at 4:20 PM in Courtroom 13A South before Magistrate Judge Vera M. Scanlon. The parties must complete the attached Joint Proposed Case Management Plan (CMP) and file it on ECF no later than 3/21/2023. In the event that any Defendants have not answered or otherwise appeared, Plaintiff must also mail a copy of this Order, its attachment and the full docket to the last known mailing addresses for such Defendants and file proof on ECF by the CMP filing date. Ordered by Magistrate Judge Vera M. Scanlon on 12/8/2022. (JR)
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| Filing 6 Summons Issued as to Darci Plumbing Co., Luke Galland, Ice Age Mechanical Corp., David Robinson, Service Tecs, Inc., Trisura Specialty Insurance Company as subrogee of The Chocolate Factory. (KD) |
| Filing 5 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (KD) |
| 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. (KD) |
| Case Assigned to Judge Frederic Block and Magistrate Judge Vera M. Scanlon. 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) |
| Filing 3 Civil Cover Sheet.. Re Notice: Re: Incomplete Civil Cover Sheet, #1 Complaint,, by Allstate Insurance Company (Berberich, Karen) |
| Filing 2 Corporate Disclosure Statement by Allstate Insurance Company identifying Corporate Parent The Allstate Corporation for Allstate Insurance Company. (Berberich, Karen) |
| Filing 1 COMPLAINT against Darci Plumbing Co., Luke Galland, Ice Age Mechanical Corp., David Robinson, Service Tecs, Inc., Trisura Specialty Insurance Company as subrogee of The Chocolate Factory filing fee $ 402, receipt number ANYEDC-16195243 Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by Allstate Insurance Company. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Proposed Summons Proposed Summons, #3 Exhibit Complaint in Underlying Property Damage Action, #4 Exhibit Summons and Complaint in Underlying PI Action, #5 Exhibit Allstate Condominium Policy) (Berberich, Karen) |
| Notice: Re: Incomplete Civil Cover Sheet. The Clerk's Office cannot assign this case without a completed 2 Page Civil Cover Sheet. Please submit a completed Second Page Civil Cover Sheet. This event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet. (KD) |
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