Arch Specialty Insurance Company v. Hewannora Construction, Inc. et al
| Arch Specialty Insurance Company |
| Hewannora Construction, Inc, Hewannora Construction, Inc., Felix Payne, Andrew Williams, Keren Campbell, Skyline Risk Management, Inc. and Majestic Construction Services, Inc. |
| 2:2016cv04335 |
| August 3, 2016 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Steven I Locke |
| Leonard D Wexler |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Insurance Contract |
| None |
Docket Report
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This docket was last retrieved on October 1, 2021. A more recent docket listing may be available from PACER.
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| Filing 135 CERTIFICATE OF SERVICE by Arch Specialty Insurance Company re #134 Status Conference,,,,,, Set Hearings,,,,, (Lahr, J.) |
Filing 134
Minute Order for proceedings held before Magistrate Judge Steven I. Locke:Status Conference held on 9/27/2021. As to the gmail account addressed on the record, Mr. Payne is directed to contact his sister-in-law and advise her that if the two of them do not provide Arch with access to that account, including password(s), they will appear in person in court to explain the problem. In this regard, Arch is directed to serve a motion to compel production of this information with oral argument being held in person at the next court conference if the password is not produced voluntarily. Any motion should be served sufficiently in advance so that opposition may also be served and filed in advance of next conference. Finally, given that Mr. Payne is appearing pro se, and his sister-in-law may wind up appearing pro se, Arch will be responsible for filing any opposition it receives with the Court via ECF. Next status conference/oral argument, to be held in person in Court: November 30, 2021 at 2:00pm. Status Conference set for 11/30/2021 at 2:00 PM in Courtroom 820 before Magistrate Judge Steven I. Locke. Counsel for Plaintiff is directed to serve a copy of this order on pro se defendant and electronically file proof of service. So Ordered by Magistrate Judge Steven I. Locke on 9/27/2021. (Gandiosi, Kristin)
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| Filing 133 STATUS REPORT regarding efforts to obtain electronically stored information and to complete deposition by Arch Specialty Insurance Company (Lahr, J.) |
| Filing 132 Mail Returned as Undeliverable. Mail sent to Felix Payne returned. (Gandiosi, Kristin) |
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Electronic ORDER granting DE #130 , Motion to Adjourn Conference. On consent, the Status Conference is ADJOURNED to 9/27/2021 at 11:30 a.m. before Magistrate Judge Steven I. Locke. The conference will be conducted through the AT&T teleconference center; parties should dial 1-877-336-1829 and enter access code 3002871# at the prompt.Ordered by Magistrate Judge Steven I. Locke on 8/1/2021. (Reilly, Megan)
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Electronic ORDER granting DE #131 , Motion to Withdraw as Attorney. Attorney Cara Connell Vecchione is hereby terminated, and the Clerk of the Court is respectfully directed to remove Cara Connell Vecchione from future ECF notifications. Ordered by Magistrate Judge Steven I. Locke on 8/1/2021. (Reilly, Megan)
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| Filing 131 MOTION to Withdraw as Attorney by Arch Specialty Insurance Company. (Vecchione, Cara) |
| Filing 130 Letter MOTION to Adjourn Conference scheduled for August 2, 2021 by Arch Specialty Insurance Company. (Lahr, J.) |
| Filing 129 CERTIFICATE OF SERVICE by Arch Specialty Insurance Company re #128 Order on Motion for Discovery,,,,,,,, Status Conference,,,,,,, (Smith, Elise) |
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Filing 128
Minute Order for proceedings held before Magistrate Judge Steven I. Locke: Status Conference held on 5/25/2021. Plaintiffs letter to the Court, DE #127 , is converted to a motion to compel further discovery, and is granted as follows: With Defendant Felix Paynes consent, Plaintiff will retain an IT specialist and generate a list for search terms for Mr. Paynes review so that a more thorough search of his email accounts can be conducted by Mr. Payne with the specialists assistance. Only documents responsive to the agreed upon searches will be provided to Plaintiff and Plaintiffs counsel. Plaintiff will then produce a copy of all responsive documents to all parties to ensure that all sides are working from the same set of documents. Mr. Paynes deposition will then continue so that: (1) he may be asked questions about any newly produced documents by Plaintiffs counsel; and (2) Mr. Payne is ordered to respond to questions from co-Defendants counsel (Ms. Virgo). Objections based on the idea that co-Defendant Campbell already knows the answers to the questions are improper. Next Tele-status conference is set for August 2, 2021 at 11:00am. The parties will complete the additional document production addressed in this order prior to the next conference and endeavor to complete the continued deposition as well. If they are unable to complete the continued deposition prior the conference, the Court will set a date to complete the deposition. The conference will be conducted via the Court's AT&T Conference line at 1-877-336-1829; access code 3002871# at the prompt. Counsel for plaintiff is directed to serve a copy of this order on pro se Defendant, Felix Payne and electronically file proof of service. So Ordered by Magistrate Judge Steven I. Locke on 5/25/2021. (Gandiosi, Kristin)
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| Filing 127 Letter Motion to Magistrate Judge Steven I. Locke regarding May 25, 2021 Conference by Arch Specialty Insurance Company (Attachments: #1 Exhibit A-February 11, 2021 e-mail) (Lahr, J.) Modified on 5/25/2021 (Gandiosi, Kristin). |
| Filing 126 CERTIFICATE OF SERVICE by Arch Specialty Insurance Company re Order on Motion to Adjourn Conference, (Smith, Elise) |
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Electronic ORDER granting DE #124 Motion to Adjourn Conference. On consent, the Status Conference is ADJOURNED to 5/25/2021 at 11:30 a.m. before Magistrate Judge Steven I. Locke. The conference will be conducted through the AT&T teleconference center; parties should dial 1-877-336-1829 and enter access code 3002871# at the prompt. Ordered by Magistrate Judge Steven I. Locke on 4/11/2021. (Reilly, Megan)
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| Filing 125 CERTIFICATE OF SERVICE by Arch Specialty Insurance Company re #124 Letter MOTION to Adjourn Conference : Request to adjourn Status Conference scheduled for April 13, 2021, on consent, as to service of Felix Payne (Lahr, J.) |
| Filing 124 Letter MOTION to Adjourn Conference : Request to adjourn Status Conference scheduled for April 13, 2021, on consent, by Arch Specialty Insurance Company. (Lahr, J.) |
| Filing 123 Mail Returned as Undeliverable (insufficient address, unable to forward). Mail, #121 minute order, sent to Felix Payne. (Florio, Lisa) |
| Filing 122 CERTIFICATE OF SERVICE by Arch Specialty Insurance Company re #121 Status Conference,,,, Set Hearings,,, (Smith, Elise) |
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Filing 121
Minute Order for proceedings held before Magistrate Judge Steven I. Locke:Status Conference held on 2/25/2021. The parties will conduct a further deposition of Felix Payne no later than April 12, 2021. Prior to the deposition, Plaintiff will provide a copy of all the documents addressed on the record. After this deposition is completed discovery will be concluded. Next status conference: April 13, 2021 at 2:00pm. Plaintiff will serve a copy of this order on Mr. Payne and electronically file proof of service. Next Tele-Status Conference set for 4/13/2021 at 2:00 PM before Magistrate Judge Steven I. Locke. The parties should dial 1-877-336-1829 and enter access code 3002871# at the prompt. So Ordered by Magistrate Judge Steven I. Locke on 2/25/2021. (Gandiosi, Kristin)
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| Filing 120 CERTIFICATE OF SERVICE by Arch Specialty Insurance Company re #119 Order on Motion for Sanctions,,,,,,,,,,,,,,,, Status Conference,,,,,,,, Set Hearings,,,,,,, (Smith, Elise) |
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Filing 119
Minute Order for proceedings held before Magistrate Judge Steven I. Locke: Status conference held. Plaintiffs letter motion for sanctions against Defendant Felix Payne, DE #117 , is denied without prejudice to renew with the following order. By the end of today, Plaintiff will serve Mr. Payne by email, to Panyes email address fpayne5013@aol.com a numbered list of the categories of documents it seeks, all of which have been described to Mr. Payne in prior proceedings over the course of this litigation. In addition, this email will identify the individual at Plaintiffs counsels offices located at Robinson + Cole, Chrysler Building, 666 Third Avenue, 20th Floor, New York, New York 10017 to whom all responsive document should be delivered. On or before February 18, 2021, Mr. Payne will deliver IN PERSON to the individual identified in the email to him from Plaintiffs counsel, all of the responsive emails set forth in the list he receives later today. In addition, Mr. Payne will deliver a copy of the fire report he referred to on the record purporting to document the fire at his mothers home in which various other responsive documents were previously destroyed. Finally, the Court will conduct a further phone conference on February 25, 2021 at 1:30pm in order to confirm that Mr. Payne has personally deliver to Plaintiffs counsel all of the documents identified in this order. All counsel and Mr. Payne are ordered to appear at this conference. Plaintiffs counsel is directed to serve a copy of this order (and electronically file proof of service) with the email to Mr. Payne today. Next Tele-Status Conference set for 2/25/2021 at 1:30 PM before Magistrate Judge Steven I. Locke. The parties should dial 1-877-336-1829 and enter access code 3002871# at the prompt. So Ordered by Magistrate Judge Steven I. Locke on 2/11/2021. (Gandiosi, Kristin)
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| Filing 118 CERTIFICATE OF SERVICE by Arch Specialty Insurance Company re #116 Status Conference,,,,, Set Hearings,,,, (Smith, Elise) |
| Filing 117 Letter MOTION for Sanctions (Amended)(115 and 116) by Arch Specialty Insurance Company. (Attachments: #1 Exhibit 1-Defendant Payne's letter, dated April 27, 2020, #2 Exhibit 2-Arch's letter, dated July 17, 2020, #3 Certificate of Service) (Lahr, J.) |
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Filing 116
Minute Order for proceedings held before Magistrate Judge Steven I. Locke:Status Conference held on 1/28/2021. Status conference held. No appearance from Felix Payne. Plaintiffs motion for sanctions, DE #115 , against Mr. Payne does not indicate that he was served with themotion, although Plaintiffs counsel represented to the Court that he was served by email and regular mail. In an abundance of caution, the Court orders that Plaintiff re-serve the motion on Mr. Payne by the end of the day by overnight delivery and regular mail and file a certificate of service accordingly. In addition, oral argument on the motion is adjourned to February 11, 2021 at 230pm. Oral argument will be held by phone consistent with prior conferences. Finally, Plaintiff is directed to serve a copy of this order on Mr. Payne by the same methods indicated above and file a second certificate ofservice accordingly. Oral Argument set for 2/11/2021 at 02:30 PM before Magistrate Judge Steven I. Locke. The parties should dial 1-877-336-1829 and enter access code 3002871# at the prompt. So Ordered by Magistrate Judge Steven I. Locke on 1/28/2021. (Gandiosi, Kristin)
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| Filing 115 Letter MOTION for Sanctions against Defendant Felix Payne by Arch Specialty Insurance Company. (Attachments: #1 Exhibit 1-Payne letter, dated April 27,2020, #2 Exhibit 2-Smith letter, dated June 15, 2020) (Lahr, J.) |
| Filing 114 CERTIFICATE OF SERVICE by Arch Specialty Insurance Company re Order,, dated August 16, 2020 (Smith, Elise) |
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Electronic ORDER granting DE #113 Motion to Adjourn Conference. On consent, the status conference set for 11/19/2020 is adjourned to 1/28/2021 at 11:30 a.m. before Magistrate Judge Steven I. Locke. The conference will be conducted through the AT&T teleconference center. Parties should dial 1-877-336-1829 and enter access code 3002871# at the prompt. Ordered by Magistrate Judge Steven I. Locke on 11/17/2020. (Reilly, Megan)
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| Filing 113 Consent MOTION to Adjourn Conference scheduled for November 19, 2020 by Arch Specialty Insurance Company. (Lahr, J.) |
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Electronic SCHEDULING ORDER: in light of the status conference scheduled for 11/19/2020 per the Court's 8/13/2020 Minute Order, the status conference previously scheduled for 9/3/2020 is cancelled. Ordered by Magistrate Judge Steven I. Locke on 9/2/2020. (Goudreault, Jessica)
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Electronic ORDER: Plaintiffs motion to compel, DE #110 , is granted without opposition as follows: Defendant Felix Payne will serve on all parties (1) all documents regarding the 9/25/2019 fire he has represented destroyed documents responsive to Plaintiffs discovery requests; and (2) all documents from his business emails accounts, including hewannoraconstruction@gmail.com and fpayne5013@aol.com responsive to this Courts 4/21/2020 order. Payne is ordered to serve these documents on or before 8/31/2020. In the event Payne fails to comply with this order, the Court will entertain motions for appropriate sanctions against him. Ordered by Magistrate Judge Steven I. Locke on 8/16/2020. (Goudreault, Jessica)
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| Filing 112 Letter to Magistrate Judge Steven I. Locke regarding the Court's August 13, 2020 Minute Order by Arch Specialty Insurance Company (Smith, Elise) |
| Filing 111 Minute Order for proceedings held before Magistrate Judge Steven I. Locke: Status Conference held on 8/13/2020; Oral argument held. Plaintiffs motion to compel, DE #110 , is granted without opposition. Plaintiff will submit a proposed order for the Courts consideration providing for the relief sought. Next tele-Status Conference set for 11/19/2020 at 10:00 AM before Magistrate Judge Steven I. Locke. Parties should dial 1-877-336-1829 and enter access code 3002871# at the prompt. (Gandiosi, Kristin) |
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Electronic SCHEDULING ORDER: a hearing on DE #110 , Plaintiff's motion to hold Defendant Felix Payne in contempt, is scheduled for 8/13/2020 and will be conducted at 11:00 a.m. through the AT&T teleconference center. Parties should dial 1-877-336-1829 and enter access code 3002871# at the prompt. Further, Defendant Payne shall file a response letter not to exceed three pages in length on or before 8/4/2020. Ordered by Magistrate Judge Steven I. Locke on 7/28/2020. (Goudreault, Jessica)
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| Filing 110 Letter MOTION for Discovery : Requesting that Defendant Felix Payne be held in contempt of the Court's April 21, 2020 Minute Order in connection with certain discovery by Arch Specialty Insurance Company. (Attachments: #1 Exhibit 1 Defendant Payne's Correspondence, #2 Exhibit 2-Plaintiff's Correspondence, #3 Certificate of Service) (Lahr, J.) |
| Filing 109 Mail Returned as Undeliverable. Copy of #103 Minute Order sent to Felix Payne marked as return to sender, insufficient address, unable to forward. (Cubano, Jazmin) |
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Filing 108
Minute Order for proceedings held before Magistrate Judge Steven I. Locke:Status Conference held on 6/23/2020. The next telephone conference is set for September 3, 2020. The parties will complete discovery prior to next conference and be prepared to discuss a briefing schedule concerning summary judgment. Next Tele-Status Conference set for 9/3/2020 at 11:30 AM before Magistrate Judge Steven I. Locke. The parties should dial 1-877-336-1829 and enter access code 3002871# at the prompt. So Ordered by Magistrate Judge Steven I. Locke on 6/24/2020. (Gandiosi, Kristin)(A copy of this minute order was mailed to pro se defendant Felix Payne by the Clerk's office on 6/24/2020).
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| Filing 107 Mail Returned as Undeliverable, vacant. Mail, #106 minute order, sent to Felix Payne. (Florio, Lisa) |
| Filing 106 Minute Order for proceedings held before Magistrate Judge Steven I. Locke: Status Conference held on 4/21/2020. Plaintiffs motion to compel, DE #102 , is granted in its entirety with no opposition. Defendant Payne is instructed to respond to all requests for documents as set forth in the motion and its attachments on or before May 19, 2020, and serve copies of all responsive documents on Plaintiff by this date. All objections to these requests aredeemed waived. Plaintiff will serve a copy of whatever is received on all other parties. Next Status Conference set for 6/23/2020 at 11:30 AM before Magistrate Judge Steven I. Locke. Parties should dial 1-877-336-1829 and enter access code 3002871# at the prompt. (c/m to pro se defendant on 4/21/2020) (Gandiosi, Kristin) |
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Electronic SCHEDULING ORDER: The oral argument scheduled for 4/21/2020 will be conducted at 12:00 p.m. through the AT&T teleconference center. Parties should dial 1-877-336-1829 and enter access code 3002871# at the prompt. Any party seeking a copy of the record of the teleconference must e-mail Deanna_Rodin@nyed.uscourts.gov and Dwayne_Cox@nyed.uscourts.gov within two days of the conference. Counsel for Plaintiff is directed to contact pro se Defendants in advance of the conference and inform them of these instructions. Ordered by Magistrate Judge Steven I. Locke on 4/15/2020. (Goudreault, Jessica)
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| Filing 105 CERTIFICATE OF SERVICE by Arch Specialty Insurance Company re #104 Status Conference,,,, Set Hearings,,, on Felix Payne (Smith, Elise) |
| Filing 104 Minute Order for proceedings held before Magistrate Judge Steven I. Locke:Oral argument held. As set forth on the record, on or before April 1, 2020 Mr. Payne will investigate where he may obtain copies of responsive documents and produce copies of what he locates to counsel for Arch and Campbell. Mr. Payne will also write a letter in opposition to Archs February 6, 2020 letter motion to compel, DE #102 , explaining everything he has done to locate and produce responsive documents and mail that letter to Arch. Arch will then file the letter via ECF. The oral argument is adjourned until April 21, 2020 at noon. The oral argument will be by phone. The parties will call 877-336-1829 and use access code 8171. Counsel for Plaintiff is directed to serve a copy of this order on pro se defendant and electronically file proof of service. (Gandiosi, Kristin) |
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SCHEDULING ORDER: The oral argument scheduled for 3/18/2020 will be conducted at 11:45 a.m. through the AT&T teleconference center. Parties should dial 1-877-336-1829 and enter access code 3002871# at the prompt. Any party seeking a copy of the record of the teleconference must file a letter motion requesting such relief within five days of the conference. Ordered by Magistrate Judge Steven I. Locke on 3/17/2020. (Kantor, Jesse)
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Electronic ORDER. All requests to appear by phone in civil cases will be granted until further notice. All requests to appear by phone should be made in writing as letter motions. All calls shall be initiated by the first named Defendant in the caption unless otherwise agreed to by the parties. Ordered by Magistrate Judge Steven I. Locke on 3/14/2020. (Kantor, Jesse)
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| Filing 103 CERTIFICATE OF SERVICE by Arch Specialty Insurance Company re #102 MOTION for Discovery to Compel Felix Payne's Responses to Requests for Production (Smith, Elise) |
| Filing 102 MOTION for Discovery to Compel Felix Payne's Responses to Requests for Production by Arch Specialty Insurance Company. (Attachments: #1 Exhibit 1 - Deposition Transcript Excerpts, #2 Exhibit 2 - October 30, 2019 Correspondence, #3 Exhibit 3 - Arch's Requests for Production) (Smith, Elise) |
| Filing 101 Minute Order for proceedings held before Magistrate Judge Steven I. Locke:Status Conference held on 1/29/2020. Plaintiff will file its motion to compel as to Felix Payne on or before February 5, 2020. Any opposition will be filed consistent with this Courts individual rules. Plaintiff will promptly file an affidavit of service with the Court concerning the motion. Oral argument will be held in Court on March 18, 2020 at 11:45am. Mr. Payne is ordered to appear at the oral argument, either in person or through counsel. Oral Argument set for 3/18/2020 at 11:45 AM in Courtroom 820 before Magistrate Judge Steven I. Locke. (Gandiosi, Kristin) |
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Filing 100
Minute Order. for proceedings held before Magistrate Judge Steven I. Locke: Status conference and motion hearing held on 11/20/2019. Plaintiffs motion to compel the production of handwriting exemplars and documents, DE #99 , is granted without opposition for the reasons set forth on the record. Defendant Campbell will produce all responsive documents and the handwriting exemplars to Plaintiff on or before December 20, 2019. There will be no extensions of this deadline for any reason whatsoever. Further, in the event Plaintiff makes a motion for contempt for violation of this order, Mr. Campbell will pay the Plaintiffs attorneys fees for making that motion in addition to any other relief awarded by the Court. Next Status Conference set for 1/29/2020 at 10:00 AM in Courtroom 820 before Magistrate Judge Steven I. Locke. So Ordered by Magistrate Judge Steven I. Locke on 11/20/2019. (Gandiosi, Kristin)
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| Filing 99 MOTION for Discovery to Compel Keren Campbell's Responses to Requests for Production by Arch Specialty Insurance Company. (Attachments: #1 Exhibit 1 - Arch's Requests for Production, #2 Exhibit 2 - Correspondence) (Smith, Elise) |
| Filing 98 CERTIFICATE OF SERVICE by Arch Specialty Insurance Company re Order on Motion to Adjourn Conference, (Smith, Elise) |
| Filing 97 NOTICE of Appearance by Elise Ann Smith on behalf of Arch Specialty Insurance Company (aty to be noticed) (Smith, Elise) |
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Electronic ORDER granting DE #96 Motion to Adjourn Conference. On consent, the status conference currently scheduled for 10/3/2019 is adjourned to 11/20/2019 at 11:00 a.m. in courtroom 820 of the Central Islip courthouse. Defendant Felix Payne is directed to appear at the conference. Plaintiff is directed to serve a copy of this order on Payne and file proof of service via ECF on or before 10/11/2019. Ordered by Magistrate Judge Steven I. Locke on 10/2/2019. (Kantor, Jesse)
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| Filing 96 Letter Motion Requesting Adjournment of 10/3/19 Conference by Arch Specialty Insurance Company (Vecchione, Cara) Modified on 10/2/2019 to convert to Motion event as requested by SIL Chambers. (Valle, Christine). |
| Filing 95 Letter Requesting Adjournment of 8/28/19 Status Conference by Arch Specialty Insurance Company (Vecchione, Cara) |
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Electronic ORDER granting DE #94 Motion to Withdraw as Attorney. Attorney Elyor Pogorelskiy is hereby terminated as counsel for Plaintiff. Ordered by Magistrate Judge Steven I. Locke on 8/27/2019. (Kantor, Jesse)
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Electronic SCHEDULING ORDER: Based on the representations that settlement discussions are ongoing set forth in DE #95 , the status conference currently scheduled for 8/28/2019 is adjourned to 10/3/2019 at 10:30 a.m. in courtroom 820 of the Central Islip courthouse. All parties must appear in person at this conference. Ordered by Magistrate Judge Steven I. Locke on 8/27/2019. (Kantor, Jesse)
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| Filing 94 MOTION to Withdraw as Attorney by Arch Specialty Insurance Company. (Pogorelskiy, Elyor) |
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Filing 93
Order Dismissing Parties. The Stipulation and Order of Dismissal as to Defendant Skyline Risk Management, Inc. ("Skyline") only, DE #92 , is SO ORDERED; see attached. Skyline is hereby terminated. Ordered by Magistrate Judge Steven I. Locke on 8/21/2019. (Kantor, Jesse)
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| Filing 92 STIPULATION of Dismissal by Skyline Risk Management, Inc. (Coploff, Steven) |
| Filing 91 Minute Order for proceedings held before Magistrate Judge Steven I. Locke:Status Conference held on 7/30/2019. Next Status Conference set for 8/28/2019 at 11:30 AM in Courtroom 820 before Magistrate Judge Steven I. Locke. All parties must appear in person at this conference. (Gandiosi, Kristin) |
| Filing 90 STATUS REPORT to Judge Steven I. Locke re: settlement by Arch Specialty Insurance Company (Pogorelskiy, Elyor) |
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Electronic SCHEDULING ORDER: In light of the representations regarding settlement set forth in DEs #88 and #89 , the parties are directed to file either a stipulation of dismissal or further joint status report on or before 7/19/2019. Accordingly, the final pretrial conference currently scheduled for 6/11/2019 is adjourned to 7/30/2019 at 10:00 a.m. in courtroom 820 of the Central Islip courthouse. Ordered by Magistrate Judge Steven I. Locke on 5/20/2019. (Kantor, Jesse)
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| Filing 89 STATUS REPORT by Arch Specialty Insurance Company (Pogorelskiy, Elyor) |
| Filing 88 STATUS REPORT to Judge Steven I. Locke re: settlement by Arch Specialty Insurance Company (Pogorelskiy, Elyor) |
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Electronic SCHEDULING ORDER: In light of the representations regarding settlement set forth in DE #87 and the Court's 4/17/2019 Electronic Order extending the summary judgment commencement deadline, the final pretrial conference currently scheduled for 5/1/2019 is adjourned to 6/11/2019 at 10:00 a.m. in courtroom 820 of the Central Islip courthouse. Ordered by Magistrate Judge Steven I. Locke on 4/30/2019. (Kantor, Jesse)
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Electronic ORDER granting DE #87 Motion for Extension of Time to File. In light of the representations regarding settlement set forth in DE #87 , the deadline for Defendant Skyline Risk Management, Inc. to serve its motion for summary judgment is extended to and including 5/17/2019. The parties are directed to file a stipulation of dismissal or joint status report on or before 5/17/2019. Further, Plaintiff is directed to file a status report on or before 5/3/2019 indicating its position as to Defendant Keren Campbell, including whether the contemplated settlement would result in a dismissal of its claims against him. Ordered by Magistrate Judge Steven I. Locke on 4/17/2019. (Kantor, Jesse)
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| Filing 87 Letter motion advising Court of settlement by Skyline Risk Management, Inc. (Coploff, Steven) Modified on 4/17/2019 at the direction of Judge Locke's Chambers to change event type to motion (Coleman, Laurie). |
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Electronic ORDER granting DE #85 Motion to Compel. Defendant Skyline Risk Management, Inc.'s ("Skyline") motion to compel Plaintiff's deposition is granted without opposition. Accordingly, a representative of Plaintiff shall appear for its deposition on 5/3/2019 at 10:00 a.m. This date cannot be moved without the consent of all parties and witnesses, and, in any event, may only be moved to an earlier date. Further, the parties' proposed briefing schedule for Skyline's motion for summary judgment, DE #86 , is approved and So Ordered. The parties are reminded that the motion should be filed in accordance with this Court's Individual Rule 4(C)(ii) concerning bundling. Thus, Skyline shall serve but not file its motion on or before 4/17/2019; Plaintiff shall serve but not file its opposition on or before 5/17/2019; and Skyline shall serve reply papers, if any, and file all papers with the Court, including a courtesy copy for Chambers, on or before 5/31/2019. If the parties wish to alter the foregoing briefing schedule in light of the Plaintiff's upcoming deposition, they are directed to file a joint letter motion seeking such relief on or before 4/17/2019. Ordered by Magistrate Judge Steven I. Locke on 4/11/2019. (Kantor, Jesse)
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| Filing 86 Letter re: motion for summary judgment by Skyline Risk Management, Inc. (Coploff, Steven) |
| Filing 85 Letter motion to compel requesting Court's intervention by Skyline Risk Management, Inc. (Coploff, Steven) Modified event type to motion to compel on 4/11/2019 at the direction of chambers (Coleman, Laurie). |
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Electronic ORDER granting DE #84 Motion for Extension of Time to Complete Discovery. The parties' joint request for a final extension of the deadline to complete discovery is granted, and the deadline to commence summary judgment motion practice is extended to and including 4/17/2019. Accordingly, the final pretrial conference currently scheduled for 3/27/2019 is adjourned to 5/1/2019 at 10:30 a.m. in courtroom 820 of the Central Islip courthouse. Ordered by Magistrate Judge Steven I. Locke on 3/7/2019. (Kantor, Jesse)
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| Filing 84 Seventh MOTION for Extension of Time to Complete Discovery by Arch Specialty Insurance Company. (Attachments: #1 Proposed Order Proposed Joint Seventh Amended Scheduling Order) (Pogorelskiy, Elyor) |
| Filing 83 DEFAULT JUDGMENT: ORDERED AND ADJUDGED that Plaintiff Archs motion for a default judgment against Defendants Hewannora and Majestic is granted in part and denied in part; that Plaintiff Archs motion for a default judgment against Hewannora and Majestic jointly and severally, based on Plaintiffs breach of contract claim and successor liability is granted; that Plaintiff Archs motion as to Plaintiff Archs unjust enrichment and account stated claims is denied; that Plaintiff Archs application to pierce the corporate veil regarding the Individual Defendants is denied; that Plaintiff Arch is awarded $1,247,950.02 in compensatory damages and $331,344.60 in prejudgment interest against Defendants Hewannora and Majestic; and that Plaintiff Archs request for attorneys fees and costs is denied without prejudice. Ordered by Clerk of Court on 2/25/2019. (Toritto, Jim) |
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Electronic ORDER granting DE #82 Motion for Default Judgment. The Clerk of the Court is directed to enter judgment in favor of Plaintiff consistent with this Court's Order dated 9/7/2017, DE #50 , and the proposed judgment subsequently submitted by Plaintiff on 2/8/2019, DE [82-1]. Ordered by Magistrate Judge Steven I. Locke on 2/20/2019. (Kantor, Jesse)
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| Filing 82 MOTION for Default Judgment against Defendants Hewannora Construction, Inc. and Majestic Corporation Services, Inc. by Arch Specialty Insurance Company. (Attachments: #1 Proposed Order Proposed Judgment) (Pogorelskiy, Elyor) |
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Electronic ORDER granting DE #81 Motion to Adjourn Conference. Without opposition, the final pretrial conference currently scheduled for 3/26/2019 is adjourned to 3/27/2019 at 10:30 a.m. in courtroom 820 of the Central Islip courthouse. Ordered by Magistrate Judge Steven I. Locke on 1/15/2019. (Kantor, Jesse)
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| Filing 81 Letter MOTION to Adjourn Conference by Skyline Risk Management, Inc.. (Coploff, Steven) |
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Electronic ORDER granting DE #80 Motion for Extension of Time to Complete Discovery. On consent, the deadline to commence summary judgment motion practice is extended to and including 3/15/2019. The final pretrial conference currently scheduled for 1/23/2019 is adjourned to 3/26/2019 at 10:30 a.m. in courtroom 820 of the Central Islip courthouse. Ordered by Magistrate Judge Steven I. Locke on 1/8/2019. (Kantor, Jesse)
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| Filing 80 MOTION for Extension of Time to Complete Discovery by Arch Specialty Insurance Company. (Attachments: #1 Proposed Order Proposed Joint Sixth Amended Scheduling Order) (Lahr, J.) |
| Filing 79 NOTICE of Appearance by Elyor Pogorelskiy on behalf of Arch Specialty Insurance Company (aty to be noticed) (Pogorelskiy, Elyor) |
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Electronic ORDER granting DE #76 Motion to Substitute Attorney. Attorney Christopher Ko terminated. Ordered by Magistrate Judge Steven I. Locke on 7/11/2018. (Budhu, Ryan)
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Electronic ORDER granting DE #75 Motion to Substitute Attorney. Attorney Samuel J. Thomas terminated. Ordered by Magistrate Judge Steven I. Locke on 7/11/2018. (Budhu, Ryan)
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| Filing 78 NOTICE of Appearance by Cara Connell Vecchione on behalf of Arch Specialty Insurance Company (aty to be noticed) (Vecchione, Cara) |
| Filing 77 NOTICE of Appearance by J. Gregory Lahr on behalf of Arch Specialty Insurance Company (aty to be noticed) (Lahr, J.) |
| Filing 76 Consent MOTION to Substitute Attorney by Cara Connell Vecchione (Vecchione, Cara) Modified event type from Notice to Motion on 5/4/2018 (Ortiz, Grisel). |
| Filing 75 Consent MOTION to Substitute Attorney by J. Gregory Lahr (Lahr, J.) Modified event type from Notice to Motion on 5/4/2018 (Ortiz, Grisel). |
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Filing 74
ORDER granting DE #73 Motion for Extension of Time to Complete Discovery. See attached Fifth Amended Scheduling Order for discovery deadlines. A pretrial conference has been scheduled for 1/23/19 at 11:00 a.m. in Courtroom 820 of the Central Islip Courthouse. Ordered by Magistrate Judge Steven I. Locke on 5/3/2018. (Budhu, Ryan)
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| Filing 73 MOTION for Extension of Time to Complete Discovery by Arch Specialty Insurance Company. (Attachments: #1 Exhibit A - Joint Proposed Fifth Amended Scheduling Order) (Ko, Christopher) |
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Electronic ORDER granting DE #72 Motion for Extension of Time to Complete Discovery. On consent, the deadlines to complete depositions and discovery are extended to 5/4/18 and 5/18/18, respectively. Ordered by Magistrate Judge Steven I. Locke on 2/20/2018. (Budhu, Ryan)
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| Filing 72 MOTION for Extension of Time to Complete Discovery by Arch Specialty Insurance Company. (Ko, Christopher) |
| Filing 71 CERTIFICATE OF SERVICE by Arch Specialty Insurance Company re #70 Affidavit, 1 - Sealed Document CV (Ko, Christopher) |
| Filing 70 AFFIDAVIT/AFFIRMATION in Support of Request for Attorneys' Fees by Arch Specialty Insurance Company (Attachments: #1 Exhibit A - Redacted Invoices, #2 Certificate of Service Certification of Service) (Ko, Christopher) |
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Filing 69
Minute Order for proceedings held before Magistrate Judge Steven I. Locke: Status Conference and Motion Hearing held on 1/25/2018. Docket entry #64 , Plaintiffs motion for filing under seal is granted for the reasons set forth on the record.Docket Entry #63 , Plaintiffs motion to compel, is denied without prejudice. Defendant will produce for deposition the general counsel who executed the affidavit submitted in opposition. So Ordered by Magistrate Judge Steven I. Locke on 1/25/2018. (Gandiosi, Kristin)
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Filing 68
Electronic ORDER granting DE #67 Motion to Adjourn Conference. On consent, the hearing scheduled for 1/17/18 is adjourned to 1/25/18 at 11:30 a.m. in Courtroom 820 of the Central Islip Courthouse. Ordered by Magistrate Judge Steven I. Locke on 1/16/2018. (Budhu, Ryan)
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| Filing 67 MOTION to Adjourn Conference by Arch Specialty Insurance Company. (Ko, Christopher) |
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Electronic ORDER Setting Hearing on Motion DE #63 , #64 . A hearing on DE #63 , #64 is set for 1/17/18 at 10:30 a.m. in Courtroom 820 of the Central Islip Courthouse. Ordered by Magistrate Judge Steven I. Locke on 1/3/2018. (Budhu, Ryan)
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| Filing 66 Letter by Arch Specialty Insurance Company (Kadian, Dennis) |
| Filing 65 REPLY in Opposition re #63 Letter MOTION to Compel DEFENDANT SKYLINE RISK MANAGEMENT, INC., ET AL. filed by Skyline Risk Management, Inc.. (Attachments: #1 Affidavit of Manoli Kalamotousakis) (Coploff, Steven) |
| Filing 64 Letter MOTION for Leave to Electronically File Document under Seal by Arch Specialty Insurance Company. (Ko, Christopher) |
| Filing 63 Letter MOTION to Compel DEFENDANT SKYLINE RISK MANAGEMENT, INC., ET AL. by Arch Specialty Insurance Company. (Attachments: #1 Exhibit A) (Ko, Christopher) |
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Filing 62
FOURTH AMENDED SCHEDULING ORDER: Discovery deadlines amended; see attached. Final Pretrial Conference set for 6/27/2018 02:00 PM before Magistrate Judge Steven I. Locke. Ordered by Magistrate Judge Steven I. Locke on 11/9/2017. (Gandiosi, Kristin)
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Filing 61
Minute Order for proceedings held before Magistrate Judge Steven I. Locke: Show Cause hearing and Status conference held on 11/9/2017. Plaintiffs motion to compel, DE #60 , is withdrawn without prejudice. Moving papers in support of a revised motion to compel will be served on or before December 1, 2017. Opposition will be served on or before December 15, 2017. Reply papers will be served and all papers will be filed on or before December 22, 2017.The joint motion for an extension of the discovery deadlines, DE #59 , is granted. The Joint Proposed Amended Scheduling Order, DE [59-1], is So Ordered.Defendant Keren Campbell, who advised Plaintiff and co-Defendant that he declined to attend todays conference, via email 45 minutes before the conference, will produce his 2016 tax return filed with the IRS to Plaintiff, on or before November 29, 2017. For the sake of clarity it has been represented to the Court that Mr. Campbell has previously agreed to produce the tax return but has been slow to do so. So Ordered by Magistrate Judge Steven I. Locke on 11/9/2017. (Gandiosi, Kristin)
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| Filing 60 Letter MOTION to Compel Defendant Skyline Risk Management, Inc. to comply with its discovery obligations by Arch Specialty Insurance Company. (Ko, Christopher) |
| Filing 59 Joint MOTION for Extension of Time to Complete Discovery by Arch Specialty Insurance Company. (Attachments: #1 Exhibit A - Joint Proposed Fourth Amended Scheduling Order) (Ko, Christopher) |
| Filing 58 AFFIDAVIT of Service for Order to Show Cause served on Andrew Williams on 10/14/2017, filed by Arch Specialty Insurance Company. (Ko, Christopher) |
| Filing 57 AFFIDAVIT of Service for Order to Show Cause served on Felix Payne on 10/14/2017, filed by Arch Specialty Insurance Company. (Ko, Christopher) |
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Electronic ORDER granting DE #56 Motion to Adjourn Conference. Without opposition, the Order to Show Cause hearing scheduled for 10/31/17 is adjourned to 11/9/17 at 2:00 p.m. The Court directs Plaintiff Arch Specialty Insurance Co. to serve Payne and Williams with a copy of this Order, along with the Order to Show Cause and supporting documents, on or before 10/17/17 via personal delivery and file an affidavit of service accordingly. Ordered by Magistrate Judge Steven I. Locke on 10/12/2017. (Budhu, Ryan)
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| Filing 56 MOTION to Adjourn Conference by Arch Specialty Insurance Company. (Ko, Christopher) |
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Filing 55
ORDER TO SHOW CAUSE Show Cause Hearing set for 10/31/2017 11:00 AM in Courtroom 820 before Magistrate Judge Steven I. Locke. Ordered by Magistrate Judge Steven I. Locke on 10/5/2017. (Gandiosi, Kristin)
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| Filing 54 AFFIDAVIT/AFFIRMATION re #53 Unsigned Order to Show Cause, (Corrected) by Arch Specialty Insurance Company (Attachments: #1 Exhibit A - Order Granting Plaintiff's Motion to Compel, #2 Exhibit B - Proof of Service, #3 Certificate of Service) (Ko, Christopher) |
| Filing 53 Unsigned Order to Show Cause by Arch Specialty Insurance Company (Attachments: #1 Affidavit in Support, #2 Exhibit A - Order Granting Plaintiff's Motion to Compel, #3 Exhibit B - Proof of Service, #4 Certificate of Service) (Ko, Christopher) |
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Filing 52
ORDER granting DE #51 Motion for Extension of Time to Complete Discovery. See attached Third Amended Scheduling Order for discovery deadlines. Ordered by Magistrate Judge Steven I. Locke on 9/13/2017. (Budhu, Ryan)
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| Filing 51 Joint MOTION for Extension of Time to Complete Discovery by Arch Specialty Insurance Company. (Attachments: #1 Exhibit A - Joint Proposed Third Amended Scheduling Order) (Ko, Christopher) |
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Filing 50
ORDER granting in part and denying in part DE #16 , Motion for Default Judgment. For the reasons set forth in the attached written order, the Court grants in part and denies in part Plaintiff's motion for a default judgment. The Court grants Plaintiff's motion for a default judgment against Hewannora and Majestic jointly and severally, based on Plaintiff's breach of contract claim and successor liability. The Court denies Plaintiff's motion as to Plaintiff's unjust enrichment and account stated claims and further denies its application to pierce the corporate veil regarding the Individual Defendants. The Court awards $1,247,950.02 in compensatory damages against Hewannora and Majestic as well as $166,412.04 in prejudgment interest. The Court denies Arch's request for attorneys' fees and costs without prejudice. So Ordered by Magistrate Judge Steven I. Locke on 9/7/2017. (Perri, Anthony)
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Filing 49
Minute Order for proceedings held before Magistrate Judge Steven I. Locke: Status Conference held on 8/29/2017. Plaintiffs motion for a default judgment as to Defendant Keren Campbell, DE #47 , is denied for the reasons set forth on the record. Plaintiffs motion to compel, DE #43 , is denied with prejudice as to Defendant Skyline Risk Managements Third Affirmative Defense and without prejudice as to Skylines First Affirmative Defense for the reasons set forth on the record. Plaintiffs motion to hold Felix Payne and Andrew Williams in contempt, DE #42 , is granted in part and denied in part in that Payne and Wood are sanctioned by the Court and directed to pay Plaintiffs costs and attorneys fees in the bringing this motion in an amount to be determined by the Court after a supporting submission from Plaintiff on notice to all parties and Payne and Wood. Further, Plaintiff is instructed to submit an order to show cause for the Courts review directing Payne and Wood to appear in Court at an assigned date and time to explain their failure to participate as directed with the processes of this Court. If either Payne or Wood fails to appear they may be sanctioned in the amount of $100 per day until they appear. On or before September 15, 2017, the parties will submit a proposed revised scheduling order including a date for the next status conference. So Ordered by Magistrate Judge Steven I. Locke on 8/29/2017. (Gandiosi, Kristin)
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ORDER Setting Hearing on Motions, DE #42 , #43 , for 8/29/17 at 2:30 p.m., in Courtroom 820 of the Central Islip Courthouse. Ordered by Magistrate Judge Steven I. Locke on 8/18/2017. (Budhu, Ryan)
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Filing 48
ORDER granting DE #46 Motion for Extension of Time to Complete Discovery. The attached Second Amended Scheduling Order is So Ordered. Ordered by Magistrate Judge Steven I. Locke on 8/16/2017. (Budhu, Ryan)
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| Filing 47 MOTION for Default Judgment Against Keren Campbell, Hewannora Construction Inc., by Arch Specialty Insurance Company. Responses due by 8/17/2017 (Ko, Christopher) |
| Filing 46 Joint MOTION for Extension of Time to Complete Discovery by Arch Specialty Insurance Company. (Attachments: #1 Exhibit A - Joint Proposed Second Amended Scheduling Order) (Ko, Christopher) |
| Filing 45 REPLY in Support re #43 Letter MOTION to Compel Defendant Skyline Risk Management, Inc. to comply with its discovery obligations filed by Arch Specialty Insurance Company. (Ko, Christopher) |
| Filing 44 RESPONSE in Opposition re #43 Letter MOTION to Compel Defendant Skyline Risk Management, Inc. to comply with its discovery obligations filed by Skyline Risk Management, Inc.. (Coploff, Steven) |
| Filing 43 Letter MOTION to Compel Defendant Skyline Risk Management, Inc. to comply with its discovery obligations by Arch Specialty Insurance Company. (Attachments: #1 Exhibit A - Discovery Requests) (Ko, Christopher) |
| Filing 42 MOTION for Contempt by Arch Specialty Insurance Company. (Attachments: #1 Affidavit, #2 Exhibit A - Civil Conference Minute Order/Order, #3 Exhibit B - Affirmation of Service, #4 Proposed Order) (Ko, Christopher) |
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Filing 41
Minute Order for proceedings held before Magistrate Judge Steven I. Locke:Status Conference held on 5/18/2017. Plaintiffs motion to compel will be filed and served on or before May 19, 2017. Opposition will be filed on or before June 2, 2017. Reply papers will be filed on or before June 9, 2017. Next Status Conference set for 7/10/2017 at 11:30 AM in Courtroom 820 before Magistrate Judge Steven I. Locke. So Ordered by Magistrate Judge Steven I. Locke on 5/18/2017. (Gandiosi, Kristin)
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| Filing 40 NOTICE of Change of Firm, address, and email by Samantha Virgo filed by (Virgo, Samantha) |
| Filing 39 ANSWER to #1 Complaint,, by Keren Campbell. (Virgo, Samantha) |
| Filing 38 AFFIDAVIT/AFFIRMATION of Manoli Kalamotousakis by Skyline Risk Management, Inc. (Attachments: #1 Affidavit of Service) (Coploff, Steven) |
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Electronic SCHEDULING ORDER: Due to a change in the Court's calendar, the Status Conference set for 5/18/2017 will be heard at 12:00 PM instead of 2:00 PM in Courtroom 820 before Magistrate Judge Steven I. Locke. Ordered by Magistrate Judge Steven I. Locke on 5/16/2017. (Budhu, Ryan) Modified on 5/17/2017 (Gandiosi, Kristin).
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| Filing 37 AFFIDAVIT/AFFIRMATION of Service by Arch Specialty Insurance Company (Ko, Christopher) |
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Filing 36
AMENDED SCHEDULING ORDER: Discovery deadline is amended via the attached order. Final Pretrial Conference set for 2/12/2018 at 02:00 PM before Magistrate Judge Steven I. Locke. Ordered by Magistrate Judge Steven I. Locke on 4/26/2017. (Budhu, Ryan) (Main Document 36 replaced on 4/28/2017) (Gandiosi, Kristin).
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| Filing 35 Minute Order for proceedings held before Magistrate Judge Steven I. Locke: Defendant's Motion to Compel, DE #25 , is granted for the reasons set forth on the record, see attached order. Next status conference set for 5/18/2017, Keren Campbell is directed to appear at that conference and file an answer in advance of that conference. A Status Conference was also held on 4/26/2017. The following conference will be held in courtroom 820 of the Central Islip courthouse: Pretrial conference on 2/12/18 at 2:00 pm. A joint proposed pretrial order mustbe electronically filed 3 days prior to this conference. (Tape #11:40-11:52; 11:56-12:12.) (Attachments: #1 Exhibit) (Budhu, Ryan) |
| Filing 34 NOTICE of Appearance by Samantha Virgo on behalf of Keren Campbell (notification declined or already on case) (Virgo, Samantha) |
| Filing 33 CERTIFICATE of Counsel (Service) by Christopher Ko on behalf of Arch Specialty Insurance Company (Ko, Christopher) |
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Electronic ORDER granting #32 Motion to Adjourn Conference. The 4/4/17 status conference/motion hearing on Plaintiff's Motion to Compel, DE #25 , is adjourned to 4/26/17 at 11:30 a.m. in Courtroom 820 of the Central Islip courthouse. Counsel for Plaintiff is instructed to serve notice of this adjournment on Defendants Felix Payne and Andrew Williams and file proof of service on ECF. The deadline for the completion of depositions is extended to on or before 7/31/2017. Ordered by Magistrate Judge Steven I. Locke on 3/31/2017. (Cea, Christine)
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| Filing 32 MOTION to Adjourn Conference and extend March 31, 2017 deadline to complete depositions by Arch Specialty Insurance Company. (Ko, Christopher) |
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Electronic ORDER granting #30 Motion for Leave to Appear Pro Hac Vice, Samantha Virgo for Defendant Keren Campbell. Counsel is directed to electronically file a Notice of Appearance as soon as possible. Ordered by Magistrate Judge Steven I. Locke on 3/24/2017. (Cea, Christine)
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| Filing 31 AFFIDAVIT/AFFIRMATION re #30 Motion for Leave to Appear Pro Hac Vice, by Keren Campbell (Attachments: #1 Affidavit (30)) (Virgo, Samantha) Modified docket text on 3/24/2017 (Florio, Lisa). |
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Electronic ORDER denying with leave to renew #30 Motion for Leave to Appear Pro Hac Vice. Pursuant to Local Rule 1.3(c), an applicant's supporting affidavit must include: whether the applicant has ever been convicted of a felony, whether the applicant has ever been censured, suspended, disbarred or denied admission or readmission by any court, and the facts and circumstances surrounding any affirmative responses. Ordered by Magistrate Judge Steven I. Locke on 3/9/2017. (Cea, Christine)
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| Filing 30 First MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-9350600. by Keren Campbell. (Virgo, Samantha) Modified, reopened the motion pursuant to the direction of Judge Locke's chambers, on 3/24/2017 (Florio, Lisa). |
| Filing 29 CERTIFICATE of Counsel by Christopher Ko on behalf of Arch Specialty Insurance Company (Ko, Christopher) |
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Electronic ORDER granting #28 Motion to Adjourn Conference. The status conference set for 2/21/17 is adjourned to 4/4/17 at 2:00 P.M. in Courtroom 820 of the Central Islip courthouse. Counsel for Plaintiff is instructed to serve notice of this conference on Defendants Felix Payne and Andrew Williams, as the Court will hold Oral Argument on Plaintiff's Motion to Compel, DE #25 , at that time. Ordered by Magistrate Judge Steven I. Locke on 2/17/2017. (Cea, Christine)
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| Filing 28 Letter MOTION to Adjourn Conference by Skyline Risk Management, Inc.. (Coploff, Steven) |
| Filing 27 CERTIFICATE of Counsel re #26 Letter, #25 MOTION to Compel Felix Payne and Andrew Williams' Compliance with Plaintiff's Subpoenas by Christopher Ko on behalf of Arch Specialty Insurance Company (Ko, Christopher) |
| Filing 26 Letter with Proposed Order (Dkt. 25) by Arch Specialty Insurance Company (Ko, Christopher) |
| Filing 25 MOTION to Compel Felix Payne and Andrew Williams' Compliance with Plaintiff's Subpoenas by Arch Specialty Insurance Company. (Attachments: #1 Affidavit Christopher Ko, #2 Exhibit A - Payne Subpoenas, #3 Exhibit B - Williams Subpoenas, #4 Exhibit C - Payne Affidavits of Service, #5 Exhibit D - Williams Affidavits of Service) (Ko, Christopher) |
| Filing 24 NOTICE, CONSENT, AND REFERENCE OF A CIVIL ACTION TO A MAGISTRATE JUDGE; That this case is referred to a United States magistrate judge to conduct all proceedings and order the entry ofa final judgment in accordance with 28 U.S.C. 636(c) and Fed. R. Civ. P. 73; Case reassigned to Magistrate Judge Steven I. Locke for all further proceedings. Judge Leonard D. Wexler no longer assigned to case 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. (Ordered by: Leonard D. Wexler, United States District Judge, on 11/08/2016.) (Fagan, Linda) |
| Case no longer referred to Magistrate Judge Steven I. Locke. (Fagan, Linda) |
| Filing 23 NOTICE by Arch Specialty Insurance Company (Ko, Christopher) |
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Filing 22
SCHEDULING ORDER: Deadlines set; see attached Order. Next Status Conference set for 2/21/2017 at 2:00 PM in Courtroom 820 before Magistrate Judge Steven I. Locke. Ordered by Magistrate Judge Steven I. Locke on 11/7/2016. (Cea, Christine)
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| Filing 21 Minute Entry for proceedings held before Magistrate Judge Steven I. Locke:Initial Conference Hearing held on 11/7/2016. The court has adopted and So Ordered the joint proposed scheduling order #20 submitted by the parties.(Tape #10:40-10:50.) (Cea, Christine) |
| Filing 20 Proposed Scheduling Order by Arch Specialty Insurance Company (Ko, Christopher) |
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Electronic ORDER granting #19 Motion to Adjourn Conference. On consent, the 11/4/16 initial conference is adjourned to 11/7/16 at 10:00 a.m. in Courtroom 820 of the Central Islip courthouse. Ordered by Magistrate Judge Steven I. Locke on 10/26/2016. (Cea, Christine)
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| Filing 19 First MOTION to Adjourn Conference from Nov. 4 to Nov. 7, 2016 by Skyline Risk Management, Inc.. (Coploff, Steven) |
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Filing 18
ORDER: An Initial Conference is set for 11/4/2016 in Courtroom 820 before Magistrate Judge Steven I. Locke. See order and attachment. Ordered by Magistrate Judge Steven I. Locke on 9/29/2016. (Attachments: #1 SIL Individual Rules) (Gandiosi, Kristin)
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| Filing 17 ANSWER to #1 Complaint,, by Skyline Risk Management, Inc.. (Attachments: #1 Affidavit of Service) (Coploff, Steven) |
| Filing 16 MOTION for Default Judgment by Arch Specialty Insurance Company. Responses due by 10/11/2016 (Attachments: #1 Affidavit in Support, #2 Exhibit A - Complaint, #3 Exhibit B - Audit, #4 Exhibit C - Audit, #5 Affidavit in Support, #6 Exhibit A - Affidavit of Service (Payne), #7 Exhibit B - Affidavit of Service (Majestic), #8 Exhibit C - Affidavit of Service (Hewannora), #9 Exhibit D - Affidavit of Service (Williams), #10 Exhibit E - Affidavit of Service (Campbell), #11 Proposed Order) (Ko, Christopher) |
| Filing 15 Clerk's ENTRY OF DEFAULT: It appearing from the docket maintained in this action that defendants Keren Campbell, Hewannora Construction, Inc., Majestic Construction Services, Inc., Felix Payne, and Andrew Williams have failed to appear or otherwise defend this action, the defaults of defendants Keren Campbell, Hewannora Construction, Inc., Majestic Construction Services, Inc., Felix Payne, and Andrew Williams are hereby noted pursuant to Rule 55a of the Federal Rules of Civil Procedure. (Toritto, Jim) |
| Filing 14 AFFIDAVIT of Service for Notice of Appearance served on Counsel of Record on 9/14/16, filed by Skyline Risk Management, Inc.. (Coploff, Steven) |
| Filing 13 NOTICE of Appearance by Steven A. Coploff on behalf of Skyline Risk Management, Inc. (aty to be noticed) (Coploff, Steven) |
| Filing 12 Request for Certificate of Default by Arch Specialty Insurance Company (Attachments: #1 Affidavit in Support, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Proposed Order) (Ko, Christopher) |
| Filing 11 SUMMONS Returned Executed by Arch Specialty Insurance Company. Keren Campbell served on 8/17/2016, answer due 9/7/2016. (Ko, Christopher) |
| Filing 10 SUMMONS Returned Executed by Arch Specialty Insurance Company. Skyline Risk Management, Inc. served on 8/10/2016, answer due 8/31/2016. (Ko, Christopher) |
| Filing 9 SUMMONS Returned Executed by Arch Specialty Insurance Company. Andrew Williams served on 8/8/2016, answer due 8/29/2016. (Ko, Christopher) |
| Filing 8 SUMMONS Returned Executed by Arch Specialty Insurance Company. Hewannora Construction, Inc. served on 8/8/2016, answer due 8/29/2016. (Ko, Christopher) |
| Filing 7 SUMMONS Returned Executed by Arch Specialty Insurance Company. Majestic Construction Services, Inc. served on 8/8/2016, answer due 8/29/2016. (Ko, Christopher) |
| Filing 6 SUMMONS Returned Executed by Arch Specialty Insurance Company. Felix Payne served on 8/8/2016, answer due 8/29/2016. (Ko, Christopher) |
| Filing 5 NOTICE of Appearance by Christopher Ko on behalf of Arch Specialty Insurance Company (aty to be noticed) (Ko, Christopher) |
| Filing 4 Summons Issued as to Keren Campbell, Hewannora Construction, Inc., Majestic Construction Services, Inc., Felix Payne, Skyline Risk Management, Inc., Andrew Williams. (Ortiz, Grisel) |
| Filing 3 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. (Rodin, Deanna) |
| Filing 2 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) (Additional attachment(s) added on 8/4/2016: #1 Additional Corrections) (Rodin, Deanna). |
| Case Assigned to Judge Leonard D. Wexler and Magistrate Judge Steven I. Locke. 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. (Rodin, Deanna) |
| Filing 1 COMPLAINT against Keren Campbell, Hewannora Construction, Inc., Majestic Construction Services, Inc., Felix Payne, Skyline Risk Management, Inc., Andrew Williams filing fee $ 400, receipt number 0207-8811697 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Arch Specialty Insurance Company. (Attachments: #1 Civil Cover Sheet and Disclosure Statement, #2 Summons to Hewannora Construction, Inc., #3 Summons to Felix Payne, #4 Summons to Andrew Williams, #5 Summons to Keren Campbell, #6 Summons to Skyline Risk Management, #7 Summons to Majestic Construction) (Thomas, Samuel) |
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