Upland Speciality Insurance Company et al v. Federated Mutual Insurance Company
| Upland Speciality Insurance Company, B T General Builders Inc. and Krula Holdings LLC |
| Federated Mutual Insurance Company and FEDERATED INSURANCE COMPANY |
| 1:2023cv05823 |
| August 1, 2023 |
| US District Court for the Eastern District of New York |
| James R Cho |
| Eric R Komitee |
| Insurance |
| 28 U.S.C. ยง 1332 Diversity-Notice of Removal |
| None |
Docket Report
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This docket was last retrieved on September 28, 2023. A more recent docket listing may be available from PACER.
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| Minute Entry for Initial Conference proceedings held on 9/28/2023 before Magistrate Judge James R. Cho. Appearances by counsel for all parties. This is an insurance coverage declaratory judgment action with a pending state court action. The Court entered the following pretrial schedule: parties to exchange automatic disclosures by 10/27/2023; no amendment of the pleadings or joinder of additional parties permitted after 1/31/2024 without good cause; and parties to complete fact discovery by 3/27/2024. Parties do not expect to retain experts. Near the end of fact discovery, the Court will enter a deadline for commencing dispositive motion practice. Parties to submit a joint status report by 12/18/2023 and to notify the Court whether they would like a referral to Court-annexed mediation or a settlement conference at that time. (AT&T Conference Bridge.) (TT) |
| Filing 7 Proposed Scheduling Order by Upland Speciality Insurance Company (Loman, Anthony) |
Filing 6
SCHEDULING ORDER: A telephonic initial conference will be held on 9/28/2023 at 3:30 p.m. before Magistrate Judge James R. Cho. Counsel for all parties must participate. Counsel for plaintiffs is directed to immediately confirm this conference date and time with defendants' counsel. Counsel are directed to complete the attached Proposed Scheduling Order and electronically file same with the Court no later than 9/26/2023. 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 9/6/2023. (Attachments: #1 Chamber's Individual Rules) (TT)
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| Filing 5 ANSWER to #4 Amended Complaint, by FEDERATED INSURANCE COMPANY, Federated Mutual Insurance Company. (Kohane, Dan) |
| Filing 4 AMENDED COMPLAINT against FEDERATED INSURANCE COMPANY, filed by Upland Speciality Insurance Company, Krula Holdings LLC, B T General Builders Inc.. (Attachments: #1 Exhibit Commercial General Liability, #2 Exhibit Federated Policy, #3 Exhibit UGS Contracting AIA Contract, #4 Exhibit Certificate of Liability Insurance, #5 Exhibit 2.1.23 Summons and Complaint, #6 Exhibit BT and Krula's Answer, #7 Exhibit Third Party Summons and Complaint) (Rosenzweig, Douglas) |
| 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 NOTICE OF REMOVAL by Federated Mutual Insurance Company from Supreme, Kings County, case number 517978/2023. ( Filing fee $ 402 receipt number ANYEDC-16947492) (Attachments: #1 Exhibit A - Index, #2 Exhibit B - Summons & Complaint, #3 Civil Cover Sheet, #4 Affidavit of Service) (Kohane, Dan) |
| Case Assigned to Judge Eric R. Komitee 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. (SR) |
| 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. (SR) |
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