American Empire Surplus Lines Insurance Company v. Empire Control Abatement, Inc. et al
Plaintiff: American Empire Surplus Lines Insurance Company
Defendant: Station Plaza I, LLC, Victor Cueva, New York City Transit Authority, Empire Control Abatement, Inc., Long Island Railroad and Metropolitan Transit Authority
Counter Claimant: Gateway Demo/Civil Corp. and 3rd Track Constructors
Case Number: 2:2021cv00953
Filed: February 22, 2021
Court: US District Court for the Eastern District of New York
Presiding Judge: Denis R Hurley
Referring Judge: Anne Y Shields
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. § 1332 Diversity-Breach of Contract
Jury Demanded By: None
Docket Report

This docket was last retrieved on November 3, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 15, 2021 Opinion or Order Filing 33 ORDER: Initial Conference set for 5/13/2021 at 10:00 AM before Magistrate Judge Anne Y. Shields.The parties are directed to call the ATTteleconferencing center at (877) 810-9415 and to enter Access Code9005911 when prompted. See order and attachments. So Ordered by Magistrate Judge Anne Y. Shields on 4/15/2021. (Attachments: #1 AYS Rules, #2 Initial Joint Letter Requirements) (Torres, Jasmine)
April 8, 2021 Opinion or Order Filing 32 ANSWER to #30 Amended Answer to Complaint,, Counterclaim, by American Empire Surplus Lines Insurance Company. (O'Connor, Maureen)
April 8, 2021 Opinion or Order In light of Judge Hurley's 4/7/2021 order dismissing the defendant New York City Transit Authority, the #29 Request for Certificate of Default is denied as moot. (Toritto, Jim)
April 7, 2021 Opinion or Order Order Dismissing Parties: The #31 Stipulation of Dismissal as to defendant New York City Transit Authority is SO ORDERED. Party New York City Transit Authority terminated. Ordered by Judge Denis R. Hurley on 4/7/2021. (Ready, John)
April 6, 2021 Opinion or Order Filing 31 STIPULATION of Dismissal Partial, Without Prejudice, to be So Ordered by American Empire Surplus Lines Insurance Company (O'Connor, Maureen)
April 2, 2021 Opinion or Order Filing 30 AMENDED ANSWER to #1 Complaint filed by Long Island Railroad, Station Plaza I, LLC, Gateway Demo/Civil Corp., 3rd Track Constructors, Metropolitan Transit Authority, New York City Transit Authority. , COUNTERCLAIM against American Empire Surplus Lines Insurance Company by Gateway Demo/Civil Corp. and 3rd Track Constructors. (Attachments: #1 Exhibit A - Underlying Cueva Amended Complaint) (Sabillon, Luis) Modified docket text on 4/15/2021 (Florio, Lisa).
April 2, 2021 Opinion or Order Filing 29 Request for Certificate of Default by American Empire Surplus Lines Insurance Company (Attachments: #1 Certificate of Default - Proposed) (O'Connor, Maureen)
April 1, 2021 Opinion or Order Filing 28 NOTICE of Change of Address Once the filing has been made, you must login to www.pacer.gov and update your account. (O'Connor, Maureen)
March 31, 2021 Opinion or Order Filing 27 ANSWER to #24 Answer to Complaint,, Counterclaim, by American Empire Surplus Lines Insurance Company. (O'Connor, Maureen)
March 29, 2021 Opinion or Order Filing 26 NOTICE of Appearance by Adam A Perlin on behalf of Empire Control Abatement, Inc. (aty to be noticed) (Perlin, Adam)
March 24, 2021 Opinion or Order Filing 25 WAIVER OF SERVICE Returned Executed by American Empire Surplus Lines Insurance Company. Victor Cueva waiver sent on 3/16/2021, answer due 5/17/2021. (O'Connor, Maureen)
March 24, 2021 Opinion or Order Filing 24 ANSWER to #1 Complaint filed by Long Island Railroad, 3rd Track Constructors, Metropolitan Transit Authority, Station Plaza I, LLC, Gateway Demo/Civil Corp., COUNTERCLAIM against American Empire Surplus Lines Insurance Company by 3rd Track Constructors and, Gateway Demo/Civil Corp. (Attachments: #1 Exhibit A - Underlying Cueva Amended Complaint) (Sabillon, Luis) Modified on 4/15/2021 to correct filers(Cubano, Jazmin). Modified docket text on 4/15/2021 (Florio, Lisa).
March 24, 2021 Opinion or Order Filing 23 NOTICE of Appearance by Luis Sabillon on behalf of 3rd Track Constructors, Gateway Demo/Civil Corp., Long Island Railroad, Metropolitan Transit Authority, New York City Transit Authority, Station Plaza I, LLC (aty to be noticed) (Sabillon, Luis) Modified on 4/15/2021 to correct filers/parties represented(Cubano, Jazmin).
March 16, 2021 Opinion or Order Filing 22 SUMMONS Returned Executed by American Empire Surplus Lines Insurance Company. Metropolitan Transit Authority served on 3/8/2021, answer due 3/29/2021. (O'Connor, Maureen)
March 15, 2021 Opinion or Order Filing 21 SUMMONS Returned Executed by American Empire Surplus Lines Insurance Company. Station Plaza I, LLC served on 3/8/2021, answer due 3/29/2021. (O'Connor, Maureen)
March 15, 2021 Opinion or Order Filing 20 SUMMONS Returned Executed by American Empire Surplus Lines Insurance Company. Gateway Demo/Civil Corp. served on 3/8/2021, answer due 3/29/2021. (O'Connor, Maureen)
March 9, 2021 Opinion or Order Filing 19 SUMMONS Returned Executed by American Empire Surplus Lines Insurance Company. 3rd Track Constructors served on 3/4/2021, answer due 3/25/2021. (O'Connor, Maureen)
March 9, 2021 Opinion or Order Filing 18 SUMMONS Returned Executed by American Empire Surplus Lines Insurance Company. New York City Transit Authority served on 3/4/2021, answer due 3/25/2021. (O'Connor, Maureen)
March 9, 2021 Opinion or Order Filing 17 SUMMONS Returned Executed by American Empire Surplus Lines Insurance Company. Long Island Railroad served on 3/4/2021, answer due 3/25/2021. (O'Connor, Maureen)
March 3, 2021 Opinion or Order Filing 16 NOTICE of Appearance by Elizabeth V Marchionni on behalf of Empire Control Abatement, Inc. (aty to be noticed) (Marchionni, Elizabeth)
March 3, 2021 Opinion or Order Filing 15 WAIVER OF SERVICE Returned Executed by American Empire Surplus Lines Insurance Company. Empire Control Abatement, Inc. waiver sent on 2/25/2021, answer due 4/26/2021. (O'Connor, Maureen)
February 25, 2021 Opinion or Order Filing 14 Summons Issued as to 3rd Track Constructors, Victor Cueva, Empire Control Abatement, Inc., Gateway Demo/Civil Corp., Long Island Railroad, Metropolitan Transit Authority, New York City Transit Authority. (Cubano, Jazmin)
February 23, 2021 Opinion or Order Filing 13 Proposed Summons. Re #1 Complaint, by American Empire Surplus Lines Insurance Company (Attachments: #1 Rider listing 7 additional defendants for issuance of summonses) (O'Connor, Maureen)
February 23, 2021 Opinion or Order Filing 12 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)
February 23, 2021 Opinion or Order Case Assigned to Judge Denis R. Hurley and Magistrate Judge Anne Y. Shields. 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)
February 23, 2021 Opinion or Order Your proposed summons was not issued for the following reason: The caption on the summonses do not match the caption as it appears on the complaint. If the caption does not fit, use et al and attach a rider. Please correct and resubmit using Proposed Summons/Civil Cover Sheet. (Rodin, Deanna)
February 22, 2021 Opinion or Order Filing 11 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 2/23/2021: #1 Additional Corrections) (Rodin, Deanna). (Attachment 1 replaced on 2/23/2021) (Rodin, Deanna).
February 22, 2021 Opinion or Order Filing 10 Proposed Summons. Re #1 Complaint, by American Empire Surplus Lines Insurance Company (O'Connor, Maureen)
February 22, 2021 Opinion or Order Filing 9 Proposed Summons. Re #1 Complaint, by American Empire Surplus Lines Insurance Company (O'Connor, Maureen)
February 22, 2021 Opinion or Order Filing 8 Proposed Summons. Re #1 Complaint, by American Empire Surplus Lines Insurance Company (O'Connor, Maureen)
February 22, 2021 Opinion or Order Filing 7 Proposed Summons. Re #1 Complaint, by American Empire Surplus Lines Insurance Company (O'Connor, Maureen)
February 22, 2021 Opinion or Order Filing 6 Proposed Summons. Re #1 Complaint, by American Empire Surplus Lines Insurance Company (O'Connor, Maureen)
February 22, 2021 Opinion or Order Filing 5 Proposed Summons. Re #1 Complaint, by American Empire Surplus Lines Insurance Company (O'Connor, Maureen)
February 22, 2021 Opinion or Order Filing 4 Proposed Summons. Re #1 Complaint, by American Empire Surplus Lines Insurance Company (O'Connor, Maureen)
February 22, 2021 Opinion or Order Filing 3 Proposed Summons. Re #1 Complaint, by American Empire Surplus Lines Insurance Company (O'Connor, Maureen)
February 22, 2021 Opinion or Order Filing 2 Civil Cover Sheet.. by American Empire Surplus Lines Insurance Company (O'Connor, Maureen)
February 22, 2021 Opinion or Order Filing 1 COMPLAINT against 3rd Track Constructors, Victor Cueva, Empire Control Abatement, Inc., Gateway Demo/Civil Corp., Long Island Railroad, Metropolitan Transit Authority, New York City Transit Authority, Station Plaza I, LLC filing fee $ 402, receipt number ANYEDC-14180487 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by American Empire Surplus Lines Insurance Company. (O'Connor, Maureen)

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Defendant: Station Plaza I, LLC
Represented By: Luis Sabillon
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Defendant: Victor Cueva
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Defendant: New York City Transit Authority
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Defendant: Empire Control Abatement, Inc.
Represented By: Adam A Perlin
Represented By: Elizabeth V Marchionni
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Defendant: Long Island Railroad
Represented By: Luis Sabillon
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Defendant: Metropolitan Transit Authority
Represented By: Luis Sabillon
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Counter claimant: Gateway Demo/Civil Corp.
Represented By: Luis Sabillon
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Counter claimant: 3rd Track Constructors
Represented By: Luis Sabillon
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Plaintiff: American Empire Surplus Lines Insurance Company
Represented By: Maureen E. O'Connor
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