Morrow et al v. Nationwide Mutual Fire Insurance Company et al
| Carolee Morrow and The Grow Insurance Agency Corp. |
| Nationwide Mutual Fire Insurance Company, Nationwide Mutual Insurance Company, Nationwide Financial General Agency, Inc., Kimberly Carmichael and James Funaro |
| 2:2014cv02664 |
| April 28, 2014 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Joseph F Bianco |
| A Kathleen Tomlinson |
| Contract:Franchise |
| 28 U.S.C. § 1332 Diversity-Account Receivable |
| None |
Docket Report
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This docket was last retrieved on September 16, 2014. A more recent docket listing may be available from PACER.
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Civil Case Terminated remanded. Ordered by Judge Joseph F. Bianco on 9/16/14. (Bollbach, Jean)
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Filing 22
ORDER finding as moot #4 Motion to Change Venue; finding as moot #4 Motion to Stay; finding as moot #4 Motion to Dismiss for Failure to State a Claim; granting #16 Motion to Remand. For the reasons set forth herein, pursuant to 28 U.S.C. 1447(c), plaintiffs motion to remand for lack of federal diversity jurisdiction is granted. Defendants motion to transfer or, in the alternative, stay or dismiss pending arbitration is denied as moot. The action is hereby remanded to the Supreme Court of the State of New York, County of Nassau. SO ORDERED. Ordered by Judge Joseph F. Bianco on 9/16/2014. (Chipev, George)
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| Filing 21 Minute Entry for proceedings held before Judge Joseph F. Bianco:Oral Argument held on 9/10/2014; decision reserved (Tape #ftr 1:28 - 2:00.) (Bollbach, Jean) |
| Filing 20 REPLY in Support of Cross-Motion to Remand filed by All Plaintiffs. (Blodnick, Edward) |
| Filing 19 REPLY in Support of Defendants' Motion to Transfer Venue and/or Motion to Dismiss or Stay Pending Arbitratation filed by Kimberly Carmichael, James Funaro, Nationwide Financial General Agency, Inc., Nationwide Mutual Fire Insurance Company, Nationwide Mutual Insurance Company. (Furniss, Natalie) |
| Filing 18 MEMORANDUM in Opposition to Plaintiffs' Cross-Motion to Remand This Action filed by Kimberly Carmichael, James Funaro, Nationwide Financial General Agency, Inc., Nationwide Mutual Fire Insurance Company, Nationwide Mutual Insurance Company. (Furniss, Natalie) |
| Filing 17 MEMORANDUM in Opposition filed by All Plaintiffs. (Attachments: #1 Exhibit, #2 Exhibit) (Blodnick, Edward) |
| Filing 16 MOTION to Remand by Carolee Morrow, The Grow Insurance Agency Corp.. (Attachments: #1 Notice of Motion) (Blodnick, Edward) |
| Filing 15 NOTICE of Appearance by Ali Haque on behalf of Kimberly Carmichael, James Funaro, Nationwide Financial General Agency, Inc., Nationwide Mutual Fire Insurance Company, Nationwide Mutual Insurance Company (notification declined or already on case) (Haque, Ali) |
| Filing 14 NOTICE of Appearance by Quintin F. Lindsmith on behalf of Kimberly Carmichael, James Funaro, Nationwide Financial General Agency, Inc., Nationwide Mutual Fire Insurance Company, Nationwide Mutual Insurance Company (notification declined or already on case) (Lindsmith, Quintin) |
| Filing 13 NOTICE of Appearance by Natalie T. Furniss on behalf of Kimberly Carmichael, James Funaro, Nationwide Financial General Agency, Inc., Nationwide Mutual Fire Insurance Company, Nationwide Mutual Insurance Company (notification declined or already on case) (Furniss, Natalie) |
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ORDER granting #10 #11 and #12 Motions for Leave to Appear Pro Hac Vice. Attorneys Quintin F. Lindsmith, Ali I. Haque, and Natalie T. Furniss are permitted to argue or try this case in whole or in part as counsel or advocate. By June 12, 2014, Attorneys Lindsmith, Haque, and Furniss shall register for ECF. Registration is available online at the EDNY's homepage. Once registered, Attorneys Lindsmith, Haque, and Furniss shall file notices of appearance and ensure that they receive electronic notification of activity in this case. Ordered by Magistrate Judge A. Kathleen Tomlinson on 5/29/2014. (Lanin, Debbie)
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| Filing 12 Notice of MOTION for Leave to Appear Pro Hac Vice for Ali I. Haque Filing fee $ 25, receipt number 0207-6936948. by Kimberly Carmichael, James Funaro, Nationwide Financial General Agency, Inc., Nationwide Mutual Fire Insurance Company, Nationwide Mutual Insurance Company. (Attachments: #1 Affidavit, #2 Proposed Order) (Haque, Ali) |
| Filing 11 Notice of MOTION for Leave to Appear Pro Hac Vice for Quintin F. Lindsmith Filing fee $ 25, receipt number 0207-6936882. by Kimberly Carmichael, James Funaro, Nationwide Financial General Agency, Inc., Nationwide Mutual Fire Insurance Company, Nationwide Mutual Insurance Company. (Attachments: #1 Affidavit, #2 Proposed Order) (Lindsmith, Quintin) |
| Filing 10 Notice of MOTION for Leave to Appear Pro Hac Vice for Natalie T. Furniss Filing fee $ 25, receipt number 0207-6936759. by Kimberly Carmichael, James Funaro, Nationwide Financial General Agency, Inc., Nationwide Mutual Fire Insurance Company, Nationwide Mutual Insurance Company. (Attachments: #1 Affidavit, #2 Proposed Order) (Furniss, Natalie) |
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ORDER re #9 : In accordance with Judge Bianco's May 12, 2014 Order, the Initial Conference is adjourned without date. Ordered by Magistrate Judge A. Kathleen Tomlinson on 5/13/2014. (Lanin, Debbie)
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| Filing 9 Minute Entry for proceedings held before Judge Joseph F. Bianco:Telephone Conference held on 5/12/2014, plaintiffs response and cross motion to be filed by 6/16/14; defts reply and cross opposition by 7/16/14; plaintiffs reply by 8/1/14; the court requests that M.J. Tomlinson adjourn the initial conf. set for 7/8/14 pending resolution of the motion ( oral argumentset for 9/10/2014 01:30 PM in Courtroom 920 before Judge Joseph F. Bianco.) (Tape #ftr 2:13 - 2:21.) (Bollbach, Jean) |
| Filing 8 NOTICE of Appearance by Thomas R. Fazio on behalf of Carolee Morrow, The Grow Insurance Agency Corp. (aty to be noticed) (Fazio, Thomas) |
| Filing 7 NOTICE of Change of e-mail address by Edward K. Blodnick (Blodnick, Edward) |
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SCHEDULING ORDER: By letter dated May 5, 2014, counsel for defendants request a pre-motion conference relating to their concurrently filed motion to transfer venue and/or dismiss the action or stay the action pending arbitration, and to dismiss the complaint against the individual defendants. IT IS HEREBY ORDERED that the request is granted. The parties shall participate in a telephone pre-motion conference with the Court on Monday, May 12, 2014, at 2:00 p.m. At that time, counsel for defendants shall initiate the call and, once all parties are on the line, shall contact Chambers at (631) 712-5670. Prior to the date of the conference, counsel for plaintiffs may submit a letter pursuant to Individual Rule III.A explaining why the motion will be unsuccessful. SO ORDERED. Ordered by Judge Joseph F. Bianco on 5/6/2014. (Chipev, George)
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| Filing 6 Letter by Kimberly Carmichael, James Funaro, Nationwide Financial General Agency, Inc., Nationwide Mutual Fire Insurance Company, Nationwide Mutual Insurance Company (Attachments: #1 Exhibit A) (O'Toole, Kimberly) |
| Filing 5 MEMORANDUM in Support re #4 MOTION to Change Venue MOTION to Stay Motion to Dismiss for Failure to State a Claim against Defendants Kimberly Carmichael, and James Funaro filed by Kimberly Carmichael, James Funaro, Nationwide Financial General Agency, Inc., Nationwide Mutual Fire Insurance Company, Nationwide Mutual Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B) (O'Toole, Kimberly) |
| Filing 4 MOTION to Change Venue , MOTION to Stay , Motion to Dismiss for Failure to State a Claim against Defendants Kimberly Carmichael, and James Funaro by Kimberly Carmichael, James Funaro, Nationwide Financial General Agency, Inc., Nationwide Mutual Fire Insurance Company, Nationwide Mutual Insurance Company. (O'Toole, Kimberly) |
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Filing 3
INITIAL CONFERENCE SCHEDULING ORDER: Initial Conference set for July 8, 2014 at 9:30 a.m. before Magistrate Judge A. Kathleen Tomlinson. No later than two business days before the Initial Conference, counsel for the parties must submit, by means of electronic filing on the court's ECF system, a Joint Proposed Discovery Plan. SEE ATTACHED ORDER for additional details. Ordered by Magistrate Judge A. Kathleen Tomlinson on 5/5/2014. (Lanin, Debbie)
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| 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. (Major, Jasmine) |
| CIVIL CASE FILING FEE: $ 400, receipt number 0207-6891234 (O'Toole, Kimberly) |
| Filing 1 NOTICE OF REMOVAL by All Defendants from Supreme Court of the State of NY, CNTY of Nassau, case number 601333/14. Disclosure Statement on Civil Cover Sheet completed -Yes, (Major, Jasmine) (Additional attachment(s) added on 4/29/2014: #1 Exhibits, #2 Exhibits, #3 Civil Cover Sheet) (Major, Jasmine). (Additional attachment(s) added on 4/30/2014: #5 Exhibit B, #6 Exhibit C) (Major, Jasmine). |
| The case of Morrow et al v. Nationwide Mutual Fire Insurance Company et al, has been opened in the Eastern District of New York. The case number is 14-2664. PLEASE NOTE: You must pay the case filing fee within seven (7) days. Select the event (Civil Case Filing Fee) and pay online. (Major, Jasmine) |
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