See v. Government Employees Insurance Company et. al.
| Everett See |
| Government Employees Insurance Company doing business as GEICO and GEICO General Insurance Company |
| 2:2021cv00547 |
| February 2, 2021 |
| US District Court for the Eastern District of New York |
| Pamela K Chen |
| A Kathleen Tomlinson |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Notice of Removal |
| Both |
Docket Report
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ORDER: The #28 #29 motions for a pre-motion conference are denied as unnecessary. The Court will permit combined briefing on the motion to dismiss and motion to strike. Defendants are directed to serve their opening brief on or before May 3, 2021; Plaintiff shall serve a response on or before June 2, 2021, and Defendants shall file their response on or before June 16, 2021. As a courtesy to the Court, the parties are encouraged not to file their motion papers until the motion is fully briefed. If the parties follow this practice, the motion and all supporting papers are to be served on the other parties along with a cover letter setting forth whom the movant represents and the papers being served. Only a copy of the cover letter should be filed, as a letter, not as a motion. On the day the motion is fully briefed, Defendant should electronically file both parties' papers in accordance with the Court's individual practices and rules. Ordered by Judge Pamela K. Chen on 4/1/2021. (Larson, Emma)
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| Filing 31 RESPONSE in Opposition re #29 First MOTION to Strike #21 Amended Complaint, allegations about Government Employees Insurance Company, including paragraphs 12, 17-23, 25-26, 61, 64, 72 and 79; allegations about GEICO Casualty Company and GEICO Indemnity Company in paragraph filed by Everett See. (Bates, Joseph) |
| Filing 30 RESPONSE in Opposition re #28 First MOTION to Dismiss for Failure to State a Claim regarding Amended Complaint filed by Everett See. (Bates, Joseph) |
| Filing 29 First MOTION to Strike #21 Amended Complaint, allegations about Government Employees Insurance Company, including paragraphs 12, 17-23, 25-26, 61, 64, 72 and 79; allegations about GEICO Casualty Company and GEICO Indemnity Company in paragraphs 17-21, 23, 25 and 61; and allegations about third-party claimants in paragraph 61 by GEICO General Insurance Company, Government Employees Insurance Company. (Jaffe, Daniel) |
| Filing 28 First MOTION to Dismiss for Failure to State a Claim regarding Amended Complaint by GEICO General Insurance Company, Government Employees Insurance Company. (Jaffe, Daniel) |
| Filing 27 NOTICE of Appearance by Margaret K. Heitkamp on behalf of GEICO General Insurance Company, Government Employees Insurance Company (notification declined or already on case) (Heitkamp, Margaret) |
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Filing 26
INITIAL CONFERENCE SCHEDULING ORDER: Initial Conference set for May 6, 2021 at 10:00 A.M. before Magistrate Judge A. Kathleen Tomlinson. The Initial Conference will be conducted by telephone. Counsel are directed to utilize the Court's teleconferencing line at (866) 590-5055, access code 9720458, at the time of the conference. 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 3/12/2021. (Ameri, Mana)
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| Filing 25 MOTION to Appear Pro Hac Vice of Margaret K. Heitkamp Filing fee $ 150, receipt number CNYEDC-14273429. by GEICO General Insurance Company, Government Employees Insurance Company. (Attachments: #1 Affidavit in Support of Motion to Admit M.K. Heitkamp pro hac vice) (Heitkamp, Margaret) |
| Filing 24 NOTICE of Appearance by Edwin Lee Lowther, III on behalf of Everett See (notification declined or already on case) (Lowther, Edwin) |
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ORDER granting #20 Motion for Leave to Appear Pro Hac Vice; granting #22 Motion for Leave to Appear Pro Hac Vice; granting #23 Motion for Leave to Appear Pro Hac Vice. Counsel shall register for ECF, registration is available online at www.pacer.gov. Once registered, counsel shall file notices of appearance and ensure that they receive electronic notification of activity in this case. Counsel shall also ensure the 150 admission fee is submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge A. Kathleen Tomlinson on 3/12/2021. (Ameri, Mana)
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ORDER granting #25 Motion for Leave to Appear Pro Hac Vice. Counsel shall register for ECF, registration is available online at www.pacer.gov. Once registered, counsel shall file a notice of appearance and ensure that she receives electronic notification of activity in this case. Counsel shall also ensure the 150 admission fee is submitted to the the Clerk's Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge A. Kathleen Tomlinson on 3/12/2021. (Ameri, Mana)
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| Filing 23 MOTION to Appear Pro Hac Vice Jake Windley Filing fee $ 150, receipt number ANYEDC-14266915. by Everett See. (Attachments: #1 Exhibit Affidavit in Support of Motion to Admit Pro Hac Vice, #2 Exhibit Certificate of Good Standing) (Windley, Jake) |
| Filing 22 MOTION to Appear Pro Hac Vice Tiffany Wyatt Oldham Filing fee $ 150, receipt number ANYEDC-14265567. by Everett See. (Attachments: #1 Exhibit Affidavit in Support of Motion to Admit Pro Hac Vice, #2 Exhibit Certificate of Good Standing) (Oldham, Tiffany) |
| Filing 21 AMENDED COMPLAINT against GEICO General Insurance Company, Government Employees Insurance Company, filed by Everett See. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8) (Bates, Joseph) |
| Filing 20 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-14252902. by Everett See. (Attachments: #1 Affidavit, #2 Certificate of Good Standing) (Lowther, Edwin) |
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ORDER: The #13 #14 motions for a pre-motion conference are denied without prejudice, in light of Plaintiff's intent, expressed in his #17 #18 responses, to file an amended complaint within 21 days of Defendants' motion letter. Defendants shall respond to the amended complaint within 14 days of its filing. Fed. R. Civ. P. 15(a)(3). If Plaintiff fails to file an amended complaint within 21 days, Defendants may re-file their letter. Ordered by Judge Pamela K. Chen on 3/5/2021. (Larson, Emma)
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| Filing 19 NOTICE of Appearance by Joseph Henry Bates on behalf of Everett See (notification declined or already on case) (Bates, Joseph) |
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ORDER granting #15 Motion for Leave to Appear Pro Hac Vice. Counsel shall register for ECF, registration is available online at www.pacer.gov. Once registered, counsel shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Also, counsel shall ensure the 150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge A. Kathleen Tomlinson on 3/4/2021. (Ameri, Mana)
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ORDER denying #16 Motion for Leave to Appear Pro Hac Vice without prejudice. In accordance with Local Rule 1.3(c), counsel's motion must be accompanied by a certificate of the court for each of the states in which counsel is a member of bar, which has been issued within thirty (30) days of filing. Ordered by Magistrate Judge A. Kathleen Tomlinson on 3/4/2021. (Ameri, Mana)
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| Filing 18 Letter Opposition to Motion to Strike PML by Everett See (Attachments: #1 Insurance Policy) (Mullaney, Thomas) |
| Filing 17 Letter Opposition to Motion to Dismiss PML by Everett See (Attachments: #1 Insurance Policy, #2 Claim Summary, #3 Market Valuation Report) (Mullaney, Thomas) |
| Filing 16 MOTION to Appear Pro Hac Vice & Affidavit in Support Filing fee $ 150, receipt number ANYEDC-14203573. by Everett See. (Lowther, Edwin) |
| Filing 15 MOTION to Appear Pro Hac Vice & Affidavit in Support Filing fee $ 150, receipt number ANYEDC-14203178. by Everett See. (Bates, Joseph) |
| Filing 14 First MOTION to Strike certain allegations of the Class Action Complaint (Document No. 1-2) by GEICO General Insurance Company, Government Employees Insurance Company. (Jaffe, Daniel) |
| Filing 13 First MOTION to Dismiss for Failure to State a Claim against Plaintiff by GEICO General Insurance Company, Government Employees Insurance Company. (Jaffe, Daniel) |
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ORDER terminating #10 Motion for Extension of Time to Answer; granting #12 Motion for Extension of Time to Answer. The deadline to answer or otherwise respond to the Complaint is extended to February 23, 2021. Ordered by Magistrate Judge A. Kathleen Tomlinson on 2/23/2021. (Ameri, Mana)
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| Filing 12 First MOTION for Extension of Time to File Answer or otherwise respond to the Class Action Complaint (Doc. No. 1-2), this filing updates the Letter Motion (Doc. No. 10) since Plaintiffs' attorney has consented to this motion by GEICO General Insurance Company, Government Employees Insurance Company. (Jaffe, Daniel) |
| Filing 11 NOTICE by GEICO General Insurance Company, Government Employees Insurance Company re #1 Notice of Removal,, Notice of Correction and Update to Notice of Removal Regarding State of Defendants' incorporation (Jaffe, Daniel) |
| Filing 10 First MOTION for Extension of Time to File Answer re #1 Notice of Removal,, to answer or otherwise respond to the Class Action Complaint attached to the Notice of Removal as Exhibit 1 (Attachment 2) by GEICO General Insurance Company, Government Employees Insurance Company. (Jaffe, Daniel) |
| Filing 9 NOTICE of Appearance by Dan W. Goldfine on behalf of GEICO General Insurance Company, Government Employees Insurance Company (notification declined or already on case) (Goldfine, Dan) |
| Filing 8 NOTICE of Appearance by Ian M Fischer on behalf of GEICO General Insurance Company, Government Employees Insurance Company (notification declined or already on case) (Fischer, Ian) |
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ORDER granting #6 Motion for Leave to Appear Pro Hac Vice; granting #7 Motion for Leave to Appear Pro Hac Vice. Counsel shall register for ECF, registration is available online at www.pacer.gov. Once registered, counsel shall file a notice of appearance and ensure that they receive electronic notification of activity in this case. Also, counsel shall ensure the 150 admission fee(s) be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge A. Kathleen Tomlinson on 2/4/2021. (Ameri, Mana)
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| Filing 7 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-14092603. by GEICO General Insurance Company, Government Employees Insurance Company. (Attachments: #1 Affidavit Affidavit of Ian M. Fischer, #2 Certificate of Good Standing) (Fischer, Ian) |
| Filing 6 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-14092567. by GEICO General Insurance Company, Government Employees Insurance Company. (Attachments: #1 Affidavit Affidavit of Dan W. Goldfine, #2 Certificates of Good Standing) (Goldfine, Dan) |
| Filing 5 NOTICE of Appearance by Thomas M. Mullaney on behalf of Everett See (notification declined or already on case) (Mullaney, Thomas) |
| Filing 4 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. (Flanagan, Doreen) |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Flanagan, Doreen) |
| Filing 2 Corporate Disclosure Statement by GEICO General Insurance Company, Government Employees Insurance Company identifying Corporate Parent Berkshire Hathaway, Inc., Corporate Parent GEICO Corporation, Corporate Parent Government Employees Insurance Company for GEICO General Insurance Company, Government Employees Insurance Company. (Jaffe, Daniel) Modified on 2/2/2021 (Flanagan, Doreen). |
| Filing 1 NOTICE OF REMOVAL by GEICO General Insurance Company, Government Employees Insurance Company from Supreme Court of the State of New York, County of Nassau, Case Number 600109/2021. Was the Disclosure Statement on the Civil Cover Sheet completed - Yes. ( Filing fee $ 402 receipt number ANYEDC-14085206) (Attachments: #1 Civil Cover Sheet JS44 (Rev. 10/20), #2 Exhibit 1 - Record of New York Supreme Court for Nassau County, #3 Exhibit 2 - Notice of Filing Notice of Removal - State Court Filing) (Jaffe, Daniel) Modified on 2/2/2021 (Flanagan, Doreen). |
| Case Assigned to Judge Pamela K. Chen and Magistrate Judge A. Kathleen Tomlinson. 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. (Flanagan, Doreen) |
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