Kim v. Harleysville Insurance Company of New York et al.
| Steve S. Kim |
| Harleysville Insurance Company of New York and Nationwide Insurance |
| Giulio Zanolla |
| 1:2024cv01636 |
| March 5, 2024 |
| US District Court for the Eastern District of New York |
| Peggy Kuo |
| Natasha C Merle |
| Motor Vehicle |
| 28 U.S.C. § 1332 t |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 1, 2024. A more recent docket listing may be available from PACER.
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| Filing 17 Letter requesting adjournment of Initial Conference by Harleysville Insurance Company of New York, Nationwide Insurance (Perkowski, Peter) Modified on 5/1/2024 to reflect this is a motion to adjourn conference (RO). |
ORDER granting #17 Motion to Adjourn Conference. In light of the Letter at #17 informing the Court the parties have scheduled a mediation session for June 21, 2024, the parties are directed to file a joint status report by June 24, 2024 regarding the result of mediation. If mediation is unsuccessful, the Initial Conference will be held on July 3, 2024 at 10:30 a.m. in Courtroom 11C South before Magistrate Judge Peggy Kuo. By June 27, 2024, 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. Ordered by Magistrate Judge Peggy Kuo on 5/1/2024. (RO)
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| MEDIATION INSTRUCTIONS for Counsel are available at: https://www.nyed.uscourts.gov/adr-forms under ADR Forms/Mediation Forms/For Counsel and Parties.Counsel are to select a mediator, schedule the first mediation session, and file the name of the mediator, date, time and place (in-person or remote) of the first mediation session using the Selection of the Mediator Form on the ADR Forms website under Mediator Forms/For Counsel and Parties: https://www.nyed.uscourts.gov/adr-forms or via CM/ECF using the event Selection of Mediator. For a list of the EDNY Mediators and their qualifications, see the Court's website at https://www.nyed.uscourts.gov/adr/Mediation/displayAll.cfm. EDNY Mediators are compensated in accordance with EDNY Local Civil Rule 83.8(f)(1)[formerly EDNY Local Civil Rule 83.11(f)(1)].The Confidentiality Stipulation is available at: https://www.nyed.uscourts.gov/adr-forms under ADR Forms/Mediation Forms/For Counsel and Parties. The Confidentiality Stipulation (in-person or remote) must be signed at or before the initial mediation session by all participants and the Mediator and returned via e-mail to nyed_adr@nyed.uscourts.gov.Upon completion of the mediation, both parties must submit a Mediation Report which can be found at: https://www.nyed.uscourts.gov/adr-forms under ADR Forms/Mediation Forms/For Counsel and Parties. The Mediation Report must be submitted within two weeks following mediation session. (JR) |
| SELECTION OF MEDIATOR Giulio Zanolla selected as Mediator. Date Time and Location in-person/remote: June 21, 2024. Fourteen days on or before the session date, counsel shall file with the Mediator their client's mediation statement summarizing the facts, legal issues, particulars of any prior settlement discussions, and the name and title of the client or client representative with full settlement authority who will attend the mediation. For more details on the submission, please consult Local Civil Rule 83.8(b)(4). Attendance is required of the trial attorney, insurance adjuster, and client or client representative with full settlement authority. The Confidentiality Stipulation (in-person or remote) must be signed at or before the initial mediation session by all participants and the Mediator and returned via e-mail to nyed_adr@nyed.uscourts.gov. The Mediators contact information can be found on the docket sheet. Within fourteen days of the conclusion of the mediation, both parties must submit a Mediation Report. (JR) |
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ORDER: The #16 request for mediation will be addressed at the initial conference scheduled for May 31, 2024 at 10:30 a.m. Ordered by Magistrate Judge Peggy Kuo on 4/25/2024. (RO)
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| Filing 16 Letter Plaintiff's Letter Requesting Mediation by Steve S. Kim (Napoli, Joseph) Modified on 4/25/2024 to reflect this is a motion to request mediation (RO). |
| Filing 15 Corporate Disclosure Statement by Harleysville Insurance Company of New York, Nationwide Insurance identifying Corporate Parent Nationwide Mutual Insurance Co. for Harleysville Insurance Company of New York, Nationwide Insurance. (Perkowski, Peter) |
| Filing 14 ANSWER to #1 Complaint, by All Defendants. (Perkowski, Peter) |
| Filing 13 SUMMONS Returned Executed by Steve S. Kim. (Attachments: #1 Affidavit Stephanie Gibson, Intake Associate) (Napoli, Joseph) |
| Filing 12 SUMMONS Returned Executed by Steve S. Kim. Harleysville Insurance Company of New York served on 4/1/2024, answer due 4/22/2024; Nationwide Insurance served on 4/1/2024, answer due 4/22/2024. (Attachments: #1 Affidavit Kaneisha Gross, Intake Agent for C.S.C) (Napoli, Joseph) |
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Filing 11
SCHEDULING ORDER: An Initial Conference will be held in this case on May 31, 2024 at 10:30 a.m. before Peggy Kuo, United States Magistrate Judge in Courtroom 11C South of the United States Courthouse, 225 Cadman Plaza East, Brooklyn, New York. Counsel are directed to the annexed Initial Conference Order for instructions. By May 24, 2024, 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 3/11/2024. (RO)
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| Filing 10 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 (CV) |
| Filing 9 Case transferred in from District of New York Southern; Case Number 1:24-cv-01167. Original file certified copy of transfer order and docket sheet received. |
| The case of Kim v. Harleysville Insurance Company of New York et al., has been transferred from Southern District of New York to the Eastern District of New York. The new case number is 24-cv-1636. PLEASE NOTE: 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. (CV) |
| CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Eastern District of New York.(tg) [Transferred from New York Southern on 3/5/2024.] |
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Filing 8
ORDER: IT IS HEREBY ORDERED that the Clerk of Court is respectfully directed to transfer this case to the Eastern District of New York.SO ORDERED. (Signed by Judge Valerie E. Caproni on 2/27/2024) (tg) Transmission to Office of the Clerk of Court for processing. Modified on 2/27/2024 (tg). [Transferred from New York Southern on 3/5/2024.]
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| Filing 7 ELECTRONIC SUMMONS ISSUED as to Nationwide Insurance..(jgo) [Transferred from New York Southern on 3/5/2024.] |
| Filing 6 ELECTRONIC SUMMONS ISSUED as to Harleysville Insurance Company of New York..(jgo) [Transferred from New York Southern on 3/5/2024.] |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Nationwide Insurance, re: #1 Complaint,. Document filed by Steve S. Kim..(Napoli, Joseph) [Transferred from New York Southern on 3/5/2024.] |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Harleysville Insurance Company, re: #1 Complaint,. Document filed by Steve S. Kim..(Napoli, Joseph) [Transferred from New York Southern on 3/5/2024.] |
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Filing 3
ORDER TO SHOW CAUSE: IT IS HEREBY ORDERED that by no later than Monday, February 26, 2024, Plaintiff must show cause for why venue is proper in the Southern District of New York, or alternatively, why the case should not be transferred to the Eastern District of New York. SO ORDERED. Show Cause Response due by 2/26/2024. (Signed by Judge Valerie E. Caproni on 2/20/2024) (ama) [Transferred from New York Southern on 3/5/2024.]
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| Case Designated ECF. (pc) [Transferred from New York Southern on 3/5/2024.] |
| Magistrate Judge Barbara C. Moses is designated to handle matters that may be referred in this case. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (pc) [Transferred from New York Southern on 3/5/2024.] |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Valerie E. Caproni. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(pc) [Transferred from New York Southern on 3/5/2024.] |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Joseph Peter Napoli. The party information for the following party/parties has been modified: HARLEYSVILLE INSURANCE COMPANY OF NEW YORK a/k/a NATIONWIDE INSURANCE, Steve S. Kim. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; party role was entered incorrectly; alias party name was omitted;. (pc) [Transferred from New York Southern on 3/5/2024.] |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Joseph Peter Napoli to RE-FILE Document No. #1 Complaint, #2 Complaint. The filing is deficient for the following reason(s): the wrong event type was used to file the request for issuance of summons; the date field on the official A.O. Summons form was completed by the attorney;. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pc) [Transferred from New York Southern on 3/5/2024.] |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Joseph Peter Napoli. The following case opening statistical information was erroneously selected/entered: Citizenship Defendant code 2 (Citizen of Another State); Dollar Demand $2,000,000,000; Fee Status code due (due);. The following correction(s) have been made to your case entry: the Citizenship Defendant code has been modified to 4 (Incorporated/Principal Place of Business-This State); the Dollar Demand has been modified to blank; the Fee Status code has been modified to pd (paid);. (pc) [Transferred from New York Southern on 3/5/2024.] |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Joseph Peter Napoli to RE-FILE Document No. #1 Complaint, #2 Complaint. The filing is deficient for the following reason(s): the event wrong event type was used to file the civil cover sheet; civil cover sheet was not signed;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. (pc) [Transferred from New York Southern on 3/5/2024.] |
| Filing 2 FILING ERROR - DUPLICATE DOCKET ENTRY -COMPLAINT against HARLEYSVILLE INSURANCE COMPANY OF NEW YORK a/k/a NATIONWIDE INSURANCE. Document filed by Steve S. Kim. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Exhibit Summons, #3 Exhibit Summons 2).(Napoli, Joseph) Modified on 2/20/2024 (pc). [Transferred from New York Southern on 3/5/2024.] |
| Filing 1 COMPLAINT against HARLEYSVILLE INSURANCE COMPANY OF NEW YORK a/k/a NATIONWIDE INSURANCE, Nationwide Insurance. (Filing Fee $ 405.00, Receipt Number ANYSDC-28957614)Document filed by Steve S. Kim. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet).(Napoli, Joseph) [Transferred from New York Southern on 3/5/2024.] |
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