Way Fong Automotive, Inc. v. Philadelphia Indemnity Insurance Company
| WAY FONG AUTOMOTIVE, INC. |
| Philadelphia Indemnity Insurance Company |
| 1:2023cv07471 |
| October 5, 2023 |
| US District Court for the Eastern District of New York |
| Cheryl L Pollak |
| Insurance |
| 12 U.S.C. ยง 635 Breach of Insurance Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 20, 2023. A more recent docket listing may be available from PACER.
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Filing 12
SCHEDULING ORDER: An Initial Conference is set for 12/13/2023 @ 10:45 AM before Magistrate Judge Cheryl L. Pollak. Initial conference will proceed via AT&T conference call. Please dial 877-336-1839 at 10:45 AM. Enter Access code: 380-1746 and security code: 23-7471. So Ordered by Magistrate Judge Cheryl L. Pollak on 11/20/2023. (DC)
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| Filing 11 CONSENT to Jurisdiction by US Magistrate Judge. Case reassigned to Magistrate Judge Cheryl L. Pollak for all further proceedings. Judge Hector Gonzalez no longer assigned to case. Please download and review the Individual Practices of the assigned Judge, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (PN) |
| Filing 10 CONSENT to Jurisdiction by US Magistrate Judge by Way Fong Automotive, Inc.. (Kremin, Todd) |
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ORDER: The Court previously directed the parties to file a Notice of Option to Consent to Magistrate Judge Jurisdiction that is signed by the attorney of record for Defendants, or for the attorney who signed the original Notice, see ECF No. #9 , to enter an appearance. See November 13, 2023, Order. The parties are directed to comply with this Order by November 21, 2023, or else the Court will enter a scheduling order in this case. Ordered by Judge Hector Gonzalez on 11/16/2023. (KM)
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ORDER: The Court has received the parties' Notice of Option to Consent to Magistrate Judge Jurisdiction. See ECF No. #9 . Andrew Taylor, Esq. has signed on behalf of Defendant, but has not entered an appearance in this case. For the Court to accept this form, Mr. Taylor must enter an appearance or the form should be signed by the attorney of record, Christopher Thomas Bradley. Ordered by Judge Hector Gonzalez on 11/13/2023. (KM)
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| Filing 9 NOTICE by Way Fong Automotive, Inc. Notice of Option to Consent to Magistrate Judge Jurisdiction (Kremin, Todd) |
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ORDER: The Court has received the parties' joint letter, see ECF No. #7 , and proposed case management plan, see ECF No. #8 . The Court notes that the parties indicated in their proposed case management plan that they consent to conducting all further proceedings in this case, including motions and trial with or without a jury, before a magistrate judge pursuant to 28 U.S.C. 636(c). If the parties intended to consent to the jurisdiction of either Magistrate Judge Pollak, who is the assigned magistrate judge, or a randomly-selected magistrate judge, then they shall file the Districts consent form published on the docket, see ECF No. #2 , on or before November 14, 2023, in which case the Court will defer to the assigned magistrate judge to set a discovery schedule. If the parties have not filed by that date the form consenting to a magistrate judges jurisdiction, the Court will enter a scheduling order. Ordered by Judge Hector Gonzalez on 11/10/2023. (KM)
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| Filing 8 Proposed Scheduling Order Proposed Case Management Plan by Way Fong Automotive, Inc. (Kremin, Todd) |
| Filing 7 Letter Joint Letter per Scheduling Order by Way Fong Automotive, Inc. (Kremin, Todd) |
| Filing 6 Letter Removal Position Letter by Way Fong Automotive, Inc. (Grodsky, Adina) |
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ORDER: The Court previously ordered Plaintiff to file a letter on or before October 18, 2023, explaining Plaintiff's position regarding whether this case was properly removed from state court. Plaintiff has neither filed that letter nor requested an extension of Plaintiff's time to do so. Plaintiff shall file the letter required by the Court's order on or before October 26, 2023, and Defendant shall file its responsive letter on or before November 2, 2023. The Court warns Plaintiff that future failures timely to comply with the Court's orders may result in sanctions. Ordered by Judge Hector Gonzalez on 10/19/2023. (KM)
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| Filing 5 ANSWER to Complaint by Philadelphia Indemnity Insurance Company. (Bradley, Christopher) |
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Filing 4
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 November 9, 2023, as further described in the attached mandatory requirements. The parties' joint letter shall include a description of any discovery that has already been conducted in state court prior to Defendant's removal of this case.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. Although the Court will be amenable to a reasonable extension of Defendant's deadline 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 Defendant's answer to set a discovery schedule. Ordered by Judge Hector Gonzalez on 10/11/2023. (KM)
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ORDER: Plaintiff shall file a letter no longer than three pages on or before October 18, 2023, explaining Plaintiff's position regarding whether this case was properly removed from state court. Plaintiff's letter must address not only whether the Court has diversity or federal question jurisdiction over the claims at issue in this case, but also whether Defendant complied with the procedural requirements for removal, including the requirements in 28 U.S.C. 1446. Defendant may file a responsive letter no longer than three pages on or before October 25, 2023.If Plaintiff's letter indicates that removal was improper, the Court will likely take under consideration whether to remand this case based solely on the parties' letters, without affording Defendant the opportunity further to brief the issue, regardless of whether Defendant files a responsive letter. Ordered by Judge Hector Gonzalez on 10/11/2023. (KM)
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| 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 Clerk's Notice Re: Consent. A United States Magistrate Judge has been assigned to this case and is available to conduct all proceedings. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this 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. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent.The form may also be accessed at the following link: #https://img.nyed.uscourts.gov/files/forms/MJConsentForm.pdf (KD) |
| 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. (KD) |
| 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. (KD) |
| Filing 1 NOTICE OF REMOVAL by Philadelphia Indemnity Insurance Company from Supreme Court Queens County, case number 717344/2023. ( Filing fee $ 402 receipt number ANYEDC-17154343) (Attachments: #1 Exhibit Exhibit A - State Court Summons and Complaint, #2 Exhibit Exhibit B - State Court Affidavit of Service, #3 Exhibit Exhibit C - CT Corp Aff Service re service on Philadelphia, #4 Civil Cover Sheet Civil Cover Sheet) (Bradley, Christopher) |
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| Plaintiff: WAY FONG AUTOMOTIVE, INC. | |
| Represented By: | Todd D. Kremin |
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| Defendant: Philadelphia Indemnity Insurance Company | |
| Represented By: | Christopher Thomas Bradley |
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