Safety National Casualty Corporation v. Floor and Decor Outlets of America, Inc.
| Safety National Casualty Corporation |
| Floor and Decor Outlets of America, Inc. |
| 2:2021cv02023 |
| April 15, 2021 |
| US District Court for the Eastern District of New York |
| Gary R Brown |
| Steven Tiscione |
| James M Wicks |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Insurance Contract |
| None |
Docket Report
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This docket was last retrieved on May 27, 2022. A more recent docket listing may be available from PACER.
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Filing 24
Minute Entry for proceedings held on 6/7/2021 before Judge Gary R. Brown: Civil Cause for Telephone Conference. Counsel for Plaintiff: Sherri N. Pavloff. Counsel for Defendant: Frederick L. Whitmer, Brent W. Brougher, Joe Reynolds. FTR #: 10:08-10:39, AT&T Conference. Motion for: Motion to Dismiss, or, in the alternative, Transfer under Rule 12(b)(6), DE #12 . Movant: Floor and Decor Outlets of America, Inc. Case called. Counsel for all sides present. Pre motion conference held. Motion argued. The Court deems the motion made. Motion is Denied (**No written decision**) (Tirado, Chelsea)
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Filing 23
Notice of Related Case: The Civil Cover Sheet filed in this civil action indicates a related case. (Pavloff, Sherri)
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Filing 22
NOTICE of Appearance by Joe Reynolds on behalf of Floor and Decor Outlets of America, Inc. (notification declined or already on case) (Reynolds, Joe)
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Filing 21
NOTICE of Appearance by Brent W. Brougher on behalf of Floor and Decor Outlets of America, Inc. (notification declined or already on case) (Brougher, Brent)
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Filing 20
ORDER granting #15 Motion for Leave to Appear Pro Hac Vice The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the 150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. So Ordered by Magistrate Judge James M. Wicks on 5/28/2021. (Ortiz, Grisel)
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Filing 19
ORDER granting #14 Motion for Leave to Appear Pro Hac Vice The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the 150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. So Ordered by Magistrate Judge James M. Wicks on 5/28/2021. (Ortiz, Grisel)
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SCHEDULING ORDER: Due to a conflict in the court's calendar the 6/1/2021 Telephone Pre-motion Conference is rescheduled to 6/7/2021 at 10:00 AM before Judge Gary R. Brown.Ordered by Judge Gary R. Brown on 5/28/2021. (McMorrow, Karen)
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Filing 18
EXHIBIT Proposed Order Granting Pro Hac Vice Admission by Floor and Decor Outlets of America, Inc.. Related document: #15 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-14487914. filed by Floor and Decor Outlets of America, Inc.. (Brougher, Brent)
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Filing 17
EXHIBIT Proposed Order Granting Pro Hac Vice Admission by Floor and Decor Outlets of America, Inc.. Related document: #14 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-14484197. filed by Floor and Decor Outlets of America, Inc.. (Reynolds, Joe)
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ORDER denying #14 Motion for Leave to Appear Pro Hac Vice. The Motion of Joe P. Reynolds for Leave to Appear Pro Hac Vice is denied with leave to renew. Pursuant to Rule 3F of Judge Wicks' Individual Rules, a proposed order admitting the attorney pro hac vice must be submitted with the motion for admission. So Ordered by Magistrate Judge James M. Wicks on 5/27/2021. (Ortiz, Grisel)
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ORDER denying #15 Motion for Leave to Appear Pro Hac Vice. The Motion of Brent W. Brougher for Leave to Appear Pro Hac Vice is denied with leave to renew. Pursuant to Rule 3F of Judge Wicks' Individual Rules, a proposed order admitting the attorney pro hac vice must be submitted with the motion for admission. So Ordered by Magistrate Judge James M. Wicks on 5/27/2021. (Ortiz, Grisel)
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Filing 16
MEMORANDUM in Opposition re Order on Motion for Pre Motion Conference,,,,, Opposition to Plaintiff's request to file a motion to dismiss filed by Safety National Casualty Corporation. (Pavloff, Sherri)
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ORDER Re #14 MOTION to Appear Pro Hac Vice: The return date for Joe P. Reynold's Motion to Appear Pro Hac Vice shall be on May 27, 2021. In accordance with this Court's individual practice rules, any opposition must be filed by May 25, 2021, at least two (2) days prior to the return date. So Ordered by Magistrate Judge James M. Wicks on 5/20/2021. (Ortiz, Grisel)
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ORDER Re #15 MOTION to Appear Pro Hac Vice: The return date for Brent W. Brougher's Motion to Appear Pro Hac Vice shall be on May 27, 2021. In accordance with this Court's individual practice rules, any opposition must be filed by May 25, 2021, at least two (2) days prior to the return date. So Ordered by Magistrate Judge James M. Wicks on 5/20/2021. (Ortiz, Grisel)
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Filing 15
MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-14487914. by Floor and Decor Outlets of America, Inc.. (Attachments: #1 California Certificate of Good Standing, #2 Georgia Certificate of Good Standing, #3 Affidavit in Support of Motion to Admit Counsel Pro Hac Vice) (Brougher, Brent)
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Filing 14
MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-14484197. by Floor and Decor Outlets of America, Inc.. (Attachments: #1 Certificate of Good Standing, #2 Affidavit In Support of Motion to Admit Counsel Pro Hac Vice) (Reynolds, Joe)
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SCHEDULING ORDER: The Initial Conference originally set for 7/7/2021 at 10:30 AM has been moved to 09:00 AM in Courtroom 1020 before Magistrate Judge James M. Wicks. So Ordered by Magistrate Judge James M. Wicks on 5/19/2021. (Ortiz, Grisel)
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Filing 13
INITIAL CONFERENCE SCHEDULING ORDER: An in-person initial conference will be held at 10:30 AM on July 7, 2021, before Magistrate Judge James M. Wicks in Courtroom 1020. All counsel must attend. Counsel are directed to complete the attached Discovery Plan Worksheet and electronically file same with the Court no later than June 30, 2021. Should the parties wish to adopt a plan for discovery different from the structure in the discovery worksheet, they may do so only if they file a letter explaining why such a plan is appropriate in this case. SO Ordered by Magistrate Judge James M. Wicks on 5/18/2021. (Attachments: #1 Discovery Plan Worksheet, #2 JMW Individual Rules) (Ortiz, Grisel)
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Case reassigned to Magistrate Judge James M. Wicks. Magistrate Judge Steven Tiscione no longer assigned to the 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. (Florio, Lisa)
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ORDER granting #12 Motion for Pre Motion Conference.A pre-motion telephone conference is scheduled for June 1, 2021 at 11:00 a.m. before Judge Gary R. Brown, at which time the parties should be prepared to address defendant's anticipated motion pursuant to Rule 12 of the Federal Rules of Civil Procedure, DE 12. The parties are to call (888) 363-4734 using ACCESS CODE 4132441 five minutes prior to the designated time.The parties are on notice that in appropriate cases, the pre-motion letter and the response, along with the parties' arguments made at the pre-motion conference, may be construed at the discretion of the Court as the motion itself. Arguments not raised in the pre-motion letters or during the pre-motion conference shall be deemed waived. See In re Best Payphones, Inc., 450 F. App'x 8, 15 (2d Cir. 2011).At the conference, the Court will issue a briefing schedule if necessary. Plaintiff is directed to respond to DE 12 in accordance with the undersigned's individual rules by May 26, 2021. Before requesting an adjournment, the parties shall meet and confer and submit a joint letter with several proposed dates. The parties and other attendees to the conference are also reminded that the recording of any proceeding of the Court, including this conference, is prohibited under Local Rule 1.8. Ordered by Judge Gary R. Brown on 5/11/2021. (Meil, Stephen)
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Filing 12
Letter MOTION Request for Pre-Motion Conference to file a Motion to Dismiss by Floor and Decor Outlets of America, Inc. (Whitmer, Frederick) Modified docket entry from letter to motion on 5/11/2021 (Tirado, Chelsea).
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Filing 11
Corporate Disclosure Statement by Floor and Decor Outlets of America, Inc. identifying Other Affiliate Floor & Decor Holdings, Inc., Other Affiliate FDO Acquisition Corp. for Floor and Decor Outlets of America, Inc.. (Whitmer, Frederick)
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Filing 10
NOTICE of Appearance by Frederick L. Whitmer on behalf of Floor and Decor Outlets of America, Inc. (aty to be noticed) (Whitmer, Frederick)
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Filing 9
SUMMONS Returned Executed by Safety National Casualty Corporation. Floor and Decor Outlets of America, Inc. served on 4/16/2021, answer due 5/7/2021. (Pavloff, Sherri)
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Filing 8
Summons Issued as to Floor and Decor Outlets of America, Inc.. (Landow, Concetta)
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Filing 7
Notice of Related Case: The Civil Cover Sheet filed in this civil action indicates a related case. 21-CV-2023(GRB)(ST) (Landow, Concetta)
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Filing 6
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. (Landow, Concetta)
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Filing 5
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Landow, Concetta)
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Filing 4
Corporate Disclosure Statement by Safety National Casualty Corporation identifying Corporate Parent Delphi Financial Group, Inc., Corporate Parent Tokio Marine Holdings for Safety National Casualty Corporation. (Pavloff, Sherri)
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Filing 3
Civil Cover Sheet.. Re #1 Complaint,, by Safety National Casualty Corporation (Pavloff, Sherri) (Main Document 3 replaced for statistical purposes on 4/16/2021) (Florio, Lisa).
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Filing 2
Proposed Summons. Re #1 Complaint,, by Safety National Casualty Corporation (Pavloff, Sherri)
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Filing 1
COMPLAINT against Floor and Decor Outlets of America, Inc. filing fee $ 402, receipt number ANYEDC-14375574 Was the Disclosure Statement on Civil Cover Sheet completed -yes,, filed by Safety National Casualty Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14) (Pavloff, Sherri) Modified on 4/15/2021 (Landow, Concetta).
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Case Assigned to Judge Gary R. Brown and Magistrate Judge Steven Tiscione. 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. (Landow, Concetta)
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| Defendant: Floor and Decor Outlets of America, Inc. | |
| Represented By: | Brent W. Brougher |
| Represented By: | Joe Reynolds |
| Represented By: | Frederick L. Whitmer |
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| Plaintiff: Safety National Casualty Corporation | |
| Represented By: | Sherri N. Pavloff |
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