Upland Specialty Insurance Company v. Travelers Indemnity Company Of Connecticut et al
| Upland Specialty Insurance Company |
| Travelers Indemnity Company Of Connecticut and The Travelers Indemnity Company |
| 1:2023cv04237 |
| June 8, 2023 |
| US District Court for the Eastern District of New York |
| Hector Gonzalez |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Declaratory Judgement |
| None |
Docket Report
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This docket was last retrieved on July 25, 2023. A more recent docket listing may be available from PACER.
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| Filing 14 NOTICE of Appearance by Robert Scott Nobel on behalf of Upland Specialty Insurance Company (aty to be noticed) (Nobel, Robert) |
| Filing 13 Joint MOTION for Extension of Time to File Answer re #1 Complaint, by Upland Specialty Insurance Company. (Ferreira, Christopher) |
| Filing 12 DECLARATION re Status Report Order,,,,, by Upland Specialty Insurance Company (Ferreira, Christopher) |
ORDER: The Court grants the parties' joint request for an extension of time, see ECF No. #13 , and Defendants shall file their answer(s) or otherwise respond to Plaintiff's complaint on or before August 9, 2023. Ordered by Judge Hector Gonzalez on 7/21/2023. (BH)
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| Filing 11 SUMMONS Returned Executed by Upland Specialty Insurance Company. The Travelers Indemnity Company served on 7/10/2023, answer due 7/31/2023. (Ferreira, Christopher) |
| Filing 10 SUMMONS Returned Executed by Upland Specialty Insurance Company. Travelers Indemnity Company Of Connecticut served on 7/10/2023, answer due 7/31/2023. (Ferreira, Christopher) |
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Filing 9
SCHEDULING ORDER: Counsel for all parties are directed to file on the docket a joint letter describing the case and a completed civil case management plan by August 21, 2023, as further described in the attached mandatory requirements. Requests for adjournment of the deadline for these submissions will be considered only if made in writing and otherwise in accordance with Section I.D of the Court's Individual Practices. Plaintiff's counsel shall notify Defendants' counsel of this scheduling order, in writing, as soon as reasonably possible.Although the Court will be amenable to a reasonable extension of Defendants' deadlines to answer or otherwise respond to Plaintiff's complaint, the Court will require the parties to demonstrate additional good cause to adjourn the deadline for filing the joint letter and proposed case management plan required by this order because the Court does not need Defendants' answer(s) to set a discovery schedule. Ordered by Judge Hector Gonzalez on 7/15/2023. (BH)
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ORDER: The Court has received the affidavits of service filed by Plaintiff, see ECF Nos. #7 & #8 , which indicate that Plaintiff served Defendants by delivering Plaintiff's complaint and a summons to the New York Department of Financial Services. As a courtesy to Defendants, and to facilitate their prompt appearance, Plaintiff's counsel shall mail a copy of Plaintiff's complaint and a summons to the address for each Defendant made available on the Department of Financial Services' website: https://myportal.dfs.ny.gov/web/guest-applications/ins.-company-search.Plaintiff' s counsel shall file a declaration on or before July 21, 2023, confirming Plaintiff's compliance with this order or, alternatively, explaining why Plaintiff was unable to comply with this order.If Plaintiff fails to mail copies of Plaintiff's complaint and a summons as required by this order, and a Defendant eventually enters an untimely appearance, the Court will likely vacate any entry of default or default judgment against that Defendant unless the circumstances unambiguously demonstrate that the Defendant actually received notice of Plaintiff's complaint. Additionally, the Court may decline to award Plaintiff a default judgment against such a Defendant unless Plaintiff can show that the Defendant has received notice of Plaintiff's complaint and has willfully failed to appear. Ordered by Judge Hector Gonzalez on 7/15/2023. (BH)
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| Filing 8 SUMMONS Returned Executed by Upland Specialty Insurance Company. The Travelers Indemnity Company served on 7/6/2023, answer due 7/27/2023. (Ferreira, Christopher) |
| Filing 7 SUMMONS Returned Executed by Upland Specialty Insurance Company. Travelers Indemnity Company Of Connecticut served on 7/6/2023, answer due 7/27/2023. (Ferreira, Christopher) |
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ORDER: The Court has received Plaintiff's letter, see ECF No. #6 , describing Plaintiff's efforts to serve Plaintiff's complaint and a summons on each Defendant, which indicates that Defendants have not yet been served. Plaintiff shall file another letter no longer than three pages on or before July 28, 2023, describing Plaintiff's efforts to serve each Defendant. Alternatively, if Plaintiff completes service on either Defendant before that date, then Plaintiff shall promptly file proof of service.If Plaintiff fails to file the letter required by this order, or if Plaintiff's letter demonstrates a lack of diligence in attempting service, then the Court is unlikely to extend the deadline for Plaintiff to complete service under Rule 4(m) in the absence of unusual circumstances demonstrating good cause. Ordered by Judge Hector Gonzalez on 6/30/2023. (BH)
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| Filing 6 Letter Pursuant to Court's Order, dated June 8, 2023 by Upland Specialty Insurance Company (Ferreira, Christopher) |
| Filing 5 Summons Issued as to The Travelers Indemnity Company, Travelers Indemnity Company Of Connecticut. (JC) |
| Filing 4 Proposed Summons. Re #1 Complaint, by Upland Specialty Insurance Company (Ferreira, Christopher) |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (SR) |
| 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. (SR) |
| Filing 1 COMPLAINT against All Plaintiffs filing fee $ 402, receipt number ANYEDC-16776703 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Upland Specialty Insurance Company. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D) (Ferreira, Christopher) |
| Case Assigned to Judge Hector Gonzalez. 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. (SR) |
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ORDER: Plaintiff shall file a letter no longer than three pages on or before June 29, 2023, describing Plaintiff's efforts to serve Plaintiff's complaint and a summons on each Defendant. If Plaintiff fails to file the letter required by this order, or if Plaintiff's letter demonstrates a lack of diligence in attempting service, then the Court is unlikely to extend the deadline for Plaintiff to complete service under Rule 4(m) in the absence of unusual circumstances demonstrating good cause.The Court will not extend the deadline for Plaintiff to file the letter required by this order unless Plaintiff requests an extension in accordance with Section I.D of the Court's Individual Practices. Ordered by Judge Hector Gonzalez on 6/8/2023. (BH)
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| Your proposed summons was not issued for one of the following reasons: No summons provided, please submit summons. The event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet., Please correct and resubmit using Proposed Summons/Civil Cover Sheet. (SR) |
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