Waste Connections, Inc. v. XL Insurance America, Inc.
| Waste Connections, Inc. |
| XL Insurance America, Inc. |
| 1:2023cv00791 |
| February 2, 2023 |
| US District Court for the Eastern District of New York |
| Peggy Kuo |
| Eric N Vitaliano |
| Insurance |
| 12 U.S.C. § 635 Breach of Insurance Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 5, 2023. A more recent docket listing may be available from PACER.
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Filing 38
ORDER granting #37 Motion for Extension of Time to Complete Discovery. The proposed discovery plan filed at [37-1] is so-ordered with revisions. The deadline for the parties to file a joint status report certifying the close of fact discovery is extended to December 7, 2023. The deadline for the parties to file a joint status report certifying the close of all discovery is extended to March 29, 2024. If any party seeks a dispositive motion, the deadline for the parties to request a pre-motion conference in compliance with the District Judge's individual practice rules is extended to March 29, 2024. If no dispositive motion is filed, the deadline for the parties to file a joint Proposed Pretrial Order is extended to April 26, 2024.The Settlement Conference is adjourned to January 25, 2024 at 2:00 p.m. in Courtroom 11C South before Magistrate Judge Peggy Kuo. A representative of the plaintiff and defendant with complete settlement authority (other than counsel) must be present, unless leave is granted to participate by phone.The parties are directed to submit confidential ex parte settlement statements to Kuo_Chambers@nyed.uscourts.gov by January 17, 2024. The statements must include the last offer and demand, and a frank assessment of the strengths and weaknesses of each party's case. For guidance on the requirements for the statements, the parties should consult Magistrate Judge Peggy Kuo's Individual Practice Rules. The Court will schedule ex parte telephone calls with counsel after review of the statements. Ordered by Magistrate Judge Peggy Kuo on 10/5/2023. (RO)
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| Filing 37 STATUS REPORT (Joint) by Waste Connections, Inc. (Attachments: #1 Proposed Order Proposed Amended Discovery Plan/ Scheduling Order) (Shargel, David) Modified on 10/5/2023 to reflect this is a motion for extension of time to complete discovery (RO). |
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Filing 36
ORDER granting #35 Motion for Leave to Appear Pro Hac Vice. Attorney Carlton Wilde, III is permitted to appear pro hac vice on behalf of Plaintiff. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Also, the attorney shall ensure the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Peggy Kuo on 9/25/2023. (RO)
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| Filing 35 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-17117012 by Waste Connections, Inc.. (Attachments: #1 Affidavit in Support, #2 Admission Information, #3 Proposed Order) (Wilde, Carlton) |
| Filing 34 TRANSCRIPT of Proceedings held on September 7, 2023, before Judge Kuo. Court Transcriber :Transcriptions Plus II, Inc.. Email address: RL.Transcriptions2@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 10/12/2023. Redacted Transcript Deadline set for 10/23/2023. Release of Transcript Restriction set for 12/20/2023. (RC) (Main Document 34 replaced on 9/21/2023) (RC). |
| MINUTE ENTRY: A discovery conference by telephone was held on September 7, 2023 before Magistrate Judge Peggy Kuo. Vincent Morgan, Esq. and David Shargel, Esq. appeared on behalf of Plaintiff. Mark Deckman, Esq. and Samantha Craig, Esq. appeared on behalf of Defendant.The parties were heard on the discovery disputes raised in the letter filed at #33 . For the reasons stated on the record, Defendant is directed to produce a privilege log by September 11, 2023, so that Plaintiff will know whether any additional documents exist and can challenge the asserted privileges as appropriate. Defendant is directed to produce claims manuals and underwriting manuals, as well as any documentation concerning compensation and incentive structures. Plaintiff stated that it has agreed not to seek personnel files at this time, but reserves the right to do so in the future. Any argument that production is overly burdensome must be accompanied by facts describing the specific steps needed to make the production and demonstrating how those efforts would be overly burdensome when weighed against the need for that information. (FTR Log #9:30-10:03.) (JR) Modified on 9/7/2023 to close the gavel at #33 (RO). |
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ORDER granting #33 Motion for Hearing. A Discovery Conference is scheduled by telephone for September 7, 2023 at 9:30 a.m. before Magistrate Judge Peggy Kuo. The parties are directed to call toll free (877) 336-1274 and input the Access Code 1453850 at the time of the Conference. Once all parties are on the line, the call will be connected. (The parties are reminded that, pursuant to Local Civil Rule 1.8, they may not independently record any court proceedings. A transcript of the proceedings may be ordered from the Clerk's Office.) Ordered by Magistrate Judge Peggy Kuo on 9/1/2023. (RO)
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| Filing 33 Joint MOTION for Discovery Conference by Waste Connections, Inc.. (Attachments: #1 Exhibit Defendant's responses to plaintiff's discovery demands, #2 Exhibit Email correspondence) (Shargel, David). Added MOTION for Hearing on 9/1/2023 (RO). |
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Filing 32
ORDER granting #31 Motion for Protective Order. The proposed Confidentiality Order filed at #31 is so-ordered. Ordered by Magistrate Judge Peggy Kuo on 8/7/2023. (RO)
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| Filing 31 STIPULATION / Proposed Confidentiality Order by Waste Connections, Inc. (Shargel, David) Modified on 8/7/2023 to add motion type (RO). |
| Filing 30 TRANSCRIPT of Proceedings held on May 19, 2023, before Judge Kuo. Court Reporter/Transcriber Fiore Reporting and Transcription Service, Inc., Telephone number 203-929-9992. Email address: cmfiore@sbcglobal.net. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 8/11/2023. Redacted Transcript Deadline set for 8/21/2023. Release of Transcript Restriction set for 10/19/2023. (LH) |
| Filing 29 NOTICE of Appearance by Samantha Craig on behalf of XL Insurance America, Inc. (notification declined or already on case) (Craig, Samantha) |
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ORDER granting #28 Motion for Leave to Appear Pro Hac Vice. Attorney Samantha Craig is permitted to appear pro hace vice on behalf of Defendant. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that she receives electronic notification of activity in this case. Also, the attorney shall ensure the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Peggy Kuo on 7/7/2023. (RO)
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| Filing 28 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-16863858 by XL Insurance America, Inc.. (Attachments: #1 Affidavit) (Craig, Samantha) |
| Filing 27 REPLY to Response to Motion re #25 MOTION to Dismiss filed by XL Insurance America, Inc.. (Deckman, Mark) |
| Filing 26 RESPONSE in Opposition re #25 MOTION to Dismiss by Plaintiff, Waste Connections, Inc., filed by XL Insurance America, Inc.. (Deckman, Mark) |
| Filing 25 MOTION to Dismiss by XL Insurance America, Inc.. (Attachments: #1 Memorandum in Support) (Deckman, Mark) |
| Filing 24 Minute Entry for proceedings held before Magistrate Judge Peggy Kuo. Initial Conference held by telephone on May 19, 2023. Vincent Morgan, Esq. and David Shargel, Esq. appeared on behalf of plaintiff. Mark Deckman, Esq. appeared on behalf of defendant. The parties were heard on the effect the forthcoming motion to dismiss will have on discovery. The Court ruled that discovery should proceed according to the proposed discovery plan. If the parties agree that expert discovery should be stayed pending a determination on the motion to dismiss, they may make an application to the Court at that time. The attached Scheduling Order was entered setting deadlines for discovery and other pretrial proceedings. A settlement conference will be held on October 16, 2023 at 2:00 pm in Courtroom 11C South, before Magistrate Judge Peggy Kuo. A representative of the plaintiff and defendant with complete settlement authority (other than counsel) must be present, unless leave is granted to participate by phone. The parties are directed to submit confidential ex parte settlement statements to Kuo_Chambers@nyed.uscourts.gov by October 6, 2023. The statements must include the last offer and demand, and a frank assessment of the strengths and weaknesses of each party's case. For guidance on the requirements for the statements, the parties should consult Magistrate Judge Peggy Kuo's Individual Practice Rules. The Court will schedule ex parte telephone calls with counsel after review of the statements. (FTR Log: 11:07 - 11:35) (RO) |
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SCHEDULING ORDER: Due to the Court's unavailability, the Initial Conference by telephone previously scheduled for May 18, 2023 is adjourned to May 19, 2023 at 11:00 a.m. before Magistrate Judge Peggy Kuo. The parties are directed to call toll free (877) 336-1274 and input the Access Code 1453850 at the time of the Conference. Once all parties are on the line, the call will be connected. (The parties are reminded that, pursuant to Local Civil Rule 1.8, they may not independently record any court proceedings. A transcript of the proceedings may be ordered from the Clerk's Office.) Ordered by Magistrate Judge Peggy Kuo on 5/15/2023. (RO)
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| Filing 23 STATUS REPORT Joint Status Report Regarding Stay of Discovery by Waste Connections, Inc. (Attachments: #1 Exhibit Proposed Discovery Plan / Scheduling Order) (Shargel, David) |
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ORDER: The parties are directed to file a joint status report by May 12, 2023 indicating whether discovery should be stayed in light of the anticipated motion to dismiss. Ordered by Magistrate Judge Peggy Kuo on 5/11/2023. (RO)
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ORDER. The parties' joint proposed briefing schedule at #22 is adopted. Defendant shall serve its opening papers by 5/18/2023. Plaintiff shall serve its opposition papers by 6/20/2023. Defendant shall serve its reply papers by 6/30/2023, at which point it shall file the fully briefed motion on ECF in accordance with Individual Rule III.D (the "Bundling Rule"). Ordered by Judge Eric N. Vitaliano on 5/2/2023. (SW)
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| Filing 22 Proposed Scheduling Order joint briefing schedule by XL Insurance America, Inc. (Deckman, Mark) |
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ORDER denying #20 Motion for Pre Motion Conference. Upon review of the parties' submissions at #20 and #21 , the Court concludes that a pre-motion conference is unnecessary. Defendant may proceed with its motion to dismiss. The parties are directed to file a joint proposed briefing schedule no later than 5/3/2023. Ordered by Judge Eric N. Vitaliano on 4/19/2023. (SW)
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| Filing 21 RESPONSE to Motion re #20 Letter MOTION for pre motion conference filed by Waste Connections, Inc.. (Shargel, David) |
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ORDER: Plaintiff is directed to respond, pursuant to the Court's individual rules, to defendant's motion for a pre-motion conference #20 no later than 4/18/2023. Ordered by Judge Eric N. Vitaliano on 4/11/2023. (SW)
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| Filing 20 Letter MOTION for pre motion conference by XL Insurance America, Inc.. (Deckman, Mark) |
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Filing 19
ORDER granting #18 Motion for Leave to Appear Pro Hac Vice. Attorney Vincent E. Morgan is permitted to appear pro hac vice on behalf of Waste Connections, Inc. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Also, the attorney shall ensure the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Peggy Kuo on 3/28/2023. (RO)
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| Filing 18 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-16543403 by Waste Connections, Inc.. (Attachments: #1 Affidavit, #2 Admission Information, #3 Proposed Order) (Morgan, Vincent) |
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Filing 17
ORDER granting #16 Motion for Extension of Time to Answer. The deadline for defendant XL Insurance America, Inc. to answer or otherwise respond to the Complaint is extended to April 10, 2023. Ordered by Magistrate Judge Peggy Kuo on 3/24/2023. (RO)
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| Filing 16 STIPULATION to extend time to respond to complaint by XL Insurance America, Inc. (Attachments: #1 Proposed Order) (Deckman, Mark) Modified on 3/24/2023 to add motion for extension of time to file answer (RO). |
| Filing 15 Letter by XL Insurance America, Inc. (Deckman, Mark) |
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ORDER: The time to answer has passed. Defendants are directed to file a letter by March 27, 2023 informing the Court why no answer has been filed. Ordered by Magistrate Judge Peggy Kuo on 3/23/2023. (RO)
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| Filing 14 NOTICE of Appearance by Mark L. Deckman on behalf of XL Insurance America, Inc. (aty to be noticed) (Deckman, Mark) |
| Filing 13 NOTICE of Appearance by Aidan M. McCormack on behalf of XL Insurance America, Inc. (aty to be noticed) (McCormack, Aidan) |
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Filing 12
ORDER granting #11 Motion for Leave to Appear Pro Hac Vice. Attorney William E. Mahoney is permitted to appear pro hac vice on behalf of Plaintiff Waste Connections, Inc. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Also, the attorney shall ensure the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Peggy Kuo on 3/3/2023. (RO)
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| Filing 11 MOTION to Appear Pro Hac Vice of William Mahoney Filing fee $ 150, receipt number ANYEDC-16462158. by Waste Connections, Inc.. (Attachments: #1 Affidavit of William Mahoney, #2 Exhibit Certificates of Good Standing, #3 Proposed Order on Motion for PHV Admission) (Mahoney, William) |
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Filing 10
ORDER granting #9 Motion for Leave to Appear Pro Hac Vice. Attorney Suzanne F. Day is permitted to appear pro hac vice on behalf of Plantiff Waste Connections, Inc. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that she receives electronic notification of activity in this case. Also, the attorney shall ensure the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Peggy Kuo on 3/3/2023. (RO)
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| Filing 9 MOTION to Appear Pro Hac Vice of Suzanne Day Filing fee $ 150, receipt number ANYEDC-16461364. by Waste Connections, Inc.. (Attachments: #1 Declaration of Suzanne Day, #2 Exhibit Certificate of Good Standing - TX, #3 Exhibit Certificate of Good Standing - OH, #4 Proposed Order on Motion for PHV Admission) (Day, Suzanne) |
| Filing 8 SUMMONS Returned Executed by Waste Connections, Inc.. XL Insurance America, Inc. served on 2/27/2023, answer due 3/20/2023. (Shargel, David) |
| Filing 7 SUMMONS Returned Executed by Waste Connections, Inc.. XL Insurance America, Inc. served on 2/16/2023, answer due 3/9/2023. (Shargel, David) |
| Filing 6 Summons Issued as to XL Insurance America, Inc. (JT) |
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Filing 5
SCHEDULING ORDER: An Initial Conference will be held by telephone in this case on May 18, 2023 at 10:30 a.m. before Peggy Kuo, United States Magistrate Judge. All counsel are required to attend. The parties are directed to call toll free (877) 336-1274 and input the Access Code 1453850 at the time of the Conference. Once all parties are on the line, the call will be connected. (The parties are reminded that, pursuant to Local Civil Rule 1.8, they may not independently record any court proceedings. A transcript of the proceedings may be ordered from the Clerk's Office.)Counsel are directed to the annexed Initial Conference Order for instructions. By May 12, 2023, the parties must file a joint and completed copy of the Proposed Discovery Plan, a PDF version of which may be found at: # https://img.nyed.uscourts.gov/files/forms/PK-discovplan.pdf Any request for adjournment of this or any other conference must be made in writing on notice to opposing parties, and must disclose whether or not all parties consent. No request for adjournment will be considered unless made at least two (2) business days before the scheduled conference, except in the event of an emergency. Counsel with knowledge and authority must be present. Per diem counsel may not appear without prior permission of the Court. Plaintiff's counsel is directed to ensure that Defendants are aware of this conference. Ordered by Magistrate Judge Peggy Kuo on 2/8/2023. (RO)
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| Filing 4 Proposed Summons. by Waste Connections, Inc. (Shargel, David) |
| 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) |
| Case Assigned to Judge Eric N. Vitaliano and Magistrate Judge Peggy Kuo. 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) |
| Your proposed summons was not issued for one of the following reasons: The CLERK OF COURT name needs to be updated/corrected. Please correct and resubmit using Proposed Summons/Civil Cover Sheet. (KD) |
| Filing 1 COMPLAINT against Waste Connections, Inc. filing fee $ 402, receipt number ANYEDC-16370491 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Waste Connections, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Civil Cover Sheet Civil Cover Sheet, #4 Proposed Summons Proposed Summons) (Shargel, David) (Attachment 1 replaced on 2/2/2023) (SR). |
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