State National Insurance Company v. Merchants Mutual Insurance Company
| State National Insurance Company |
| Merchants Mutual Insurance Company |
| 1:2023cv05762 |
| July 31, 2023 |
| US District Court for the Eastern District of New York |
| James R Cho |
| Dora Lizette Irizarry |
| Insurance |
| 28 U.S.C. ยง 2201 Declaratory Judgement (Insurance) |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 14, 2023. A more recent docket listing may be available from PACER.
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| Minute Entry for Initial Conference proceedings held on 9/14/2023 before Magistrate Judge James R. Cho. Appearances by counsel for all parties. Parties report that they are in settlement discussions and they requested additional time to discuss settlement before proceeding with discovery. The Court does not enter a discovery schedule at this time. Parties to submit a joint status report by 10/16/2023. (AT&T Conference Bridge.) (JP) |
| Filing 10 Proposed Scheduling Order by Merchants Mutual Insurance Company (Barnas, Brian) |
| Filing 9 Corporate Disclosure Statement by Merchants Mutual Insurance Company (Barnas, Brian) |
ORDER --- On August 24, 2023, Defendant filed an answer to the complaint. However, to date, Defendant has failed to file a disclosure statement in compliance with Fed. R. Civ. P. 7.1(a)(2), which a party is to file "with its first appearance, pleading, petition, motion, response, or other request addressed to the court[.]" Fed. R. Civ. P. 7.1(b). Defendant must file a disclosure statement that complies with Fed. R. Civ. P. 7.1(a)(2) BY NO LATER THAN SEPTEMBER 8, 2023. SO ORDERED by Judge Dora Lizette Irizarry on 9/1/2023. (CC)
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Filing 8
SCHEDULING ORDER: A telephonic initial conference will be held on 9/14/2023 at 12:30 p.m. before Magistrate Judge James R. Cho. Counsel for all parties must participate. Counsel for plaintiff is directed to immediately confirm this conference date and time with defendant's counsel. Counsel are directed to complete the attached Proposed Scheduling Order and electronically file same with the Court no later than 9/12/2023. Each party is directed to call toll free (888) 808-6929 and use access code 1065334. The parties are reminded that, pursuant to Local Civil Rule 1.8, they may not independently record any court proceedings. Adjournment requests will not be considered unless made in accordance with this Court's Individual Rules. Ordered by Magistrate Judge James R. Cho on 8/28/2023. (Attachments: #1 Chamber's Individual Rules) (TT)
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| Filing 7 ANSWER to #1 Complaint,,, by Merchants Mutual Insurance Company. (Barnas, Brian) |
| Filing 6 Corporate Disclosure Statement by State National Insurance Company identifying Corporate Parent Markel Corporation for State National Insurance Company. (Portney, Nancy) |
| Filing 5 SUMMONS Returned Executed by State National Insurance Company. Merchants Mutual Insurance Company served on 8/3/2023, answer due 8/24/2023. (Portney, Nancy) |
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ORDER -- On July 31, 2023, Plaintiff filed the instant action asserting this Court's subject matter jurisdiction based on diversity pursuant to 28 U.S.C. 1332. Pursuant to the recently enacted Fed. R. Civ. P. 7.1(a)(2), "[i]n an action in which jurisdiction is based on diversity under 28 U.S.C. 1332(a), a party must, unless the court orders otherwise, file a disclosure statement" which "must name and identify the citizenship of every individual or entity whose citizenship is attributed to that party" at the time the action is filed in federal court. Fed. R. Civ. P. 7.1(a)(2). Furthermore, the rule requires that a party "file the disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court[.]" Fed. R. Civ. P. 7.1(b). To date, Plaintiff has not complied with Fed. R. Civ. P. 7.1(a)(2). Plaintiff shall file a disclosure statement in compliance with Fed. R. Civ. P. 7.1(a)(2) NO LATER THAN AUGUST 21, 2023. Plaintiff is admonished to familiarize itself with and adhere to the Federal Rules of Civil Procedure, the Local Rules of the Court, and the Individual Rules of the undersigned district judge. SO ORDERED by Judge Dora Lizette Irizarry on 8/14/2023. (CC)
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| Filing 4 Summons Issued as to Merchants Mutual Insurance Company. (KD) |
| 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 COMPLAINT against Merchants Mutual Insurance Company filing fee $ 402, receipt number ANYEDC-16942742 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by State National Insurance Company. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons, #3 Exhibit A-Quintana Complaint, #4 Exhibit B-Bill of Particulars, #5 Exhibit C-Quintana Third-Party Complaint, #6 Exhibit D-Agreement, #7 Exhibit E-Subcontract, #8 Exhibit F-Merchants CGL Policy Declarations, #9 Exhibit G-LightenUp COIs, #10 Exhibit H-Merchants Umbrella Policy Declarations, #11 Exhibit I-March 25, 2021 Tender Letter, #12 Exhibit J-Email Chain, #13 Exhibit K-August 3, 2021 Letter, #14 Exhibit L-April 20, 2023 Email) (Portney, Nancy) |
| Case Assigned to Judge Dora Lizette Irizarry and Magistrate Judge James R. Cho. 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) |
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| Plaintiff: State National Insurance Company | |
| Represented By: | Nancy S. Portney |
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| Defendant: Merchants Mutual Insurance Company | |
| Represented By: | Brian D. Barnas |
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