Floor and Decor Outlets of America, Inc. v. Safety National Casualty Corporation
Plaintiff: Floor and Decor Outlets of America, Inc.
Defendant: Safety National Casualty Corporation
Case Number: 2:2021cv03617
Filed: June 28, 2021
Court: US District Court for the Eastern District of New York
Presiding Judge: Gary R Brown
Referring Judge: Denis R Hurley
2 Judge: Arlene R Lindsay
3 Judge: Anne Y Shields
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. § 2201 Declaratory Judgement (Insurance)
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on July 12, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 12, 2021 Filing 28 NOTICE of Appearance by Joe Reynolds on behalf of Floor and Decor Outlets of America, Inc. (notification declined or already on case) (Reynolds, Joe)
July 12, 2021 Filing 27 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)
July 12, 2021 Opinion or Order ORDER re #25 : The Motion of Brent Brougher for Leave to Appear Pro Hac Vice is granted. 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.Ordered by Magistrate Judge Arlene R. Lindsay on 7/12/2021. c/ecf (Imrie, Robert)
July 12, 2021 Opinion or Order ORDER re #26 : The Motion of Joe Reynolds for Leave to Appear Pro Hac Vice is granted. 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. Ordered by Magistrate Judge Arlene R. Lindsay on 7/12/2021. c/ecf (Imrie, Robert)
July 9, 2021 Filing 26 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-14641645. by Floor and Decor Outlets of America, Inc.. (Attachments: #1 Affidavit In Support of Motion to Admit Counsel Pro Hac Vice, #2 Georgia Certificate of Good Standing, #3 Proposed Order) (Reynolds, Joe)
July 9, 2021 Filing 25 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-14641489. by Floor and Decor Outlets of America, Inc.. (Attachments: #1 Affidavit In Support of Motion to Admit Counsel Pro Hac Vice, #2 Georgia Certificate of Good Standing, #3 California Certificate of Good Standing, #4 Proposed Order) (Brougher, Brent)
July 7, 2021 Opinion or Order ORDER REASSIGNING CASE. Case reassigned to Judge Denis R. Hurley and Magistrate Judge Arlene R. Lindsay for all further proceedings. Judge Gary R. Brown, Magistrate Judge Anne Y. Shields 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 Chief Judge Margo K. Brodie on 7/7/2021. (Bowens, Priscilla)
July 2, 2021 Filing 24 Corporate Disclosure Statement by Floor and Decor Outlets of America, Inc. identifying Other Affiliate FDO Acquisition Corp. for Floor and Decor Outlets of America, Inc. for Floor and Decor Outlets of America, Inc.. (Whitmer, Frederick)
July 2, 2021 Filing 23 NOTICE of Appearance by Frederick L. Whitmer on behalf of Floor and Decor Outlets of America, Inc. (aty to be noticed) (Whitmer, Frederick)
July 1, 2021 Filing 22 ANSWER to #1 Complaint,, by Safety National Casualty Corporation. (Pavloff, Sherri)
June 28, 2021 Filing 21 NOTICE of Change of Firm and address for Sherri N. Pavloff Once the filing has been made, you must login to www.pacer.gov and update your account. (Pavloff, Sherri)
June 28, 2021 Filing 20 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)
June 28, 2021 Filing 19 NOTICE of Appearance by Sherri N. Pavloff on behalf of Safety National Casualty Corporation (aty to be noticed) (Pavloff, Sherri)
June 28, 2021 Filing 18 Notice of Related Case: Northern District of Georgia indicates a related case for this action. (Cubano, Jazmin)
June 28, 2021 Filing 17 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. (Cubano, Jazmin)
June 28, 2021 Filing 16 Case transferred in from District of Georgia Northern; Case Number 1:21-cv-01515. Original file certified copy of transfer order and docket sheet received.
June 28, 2021 Opinion or Order Filing 15 ORDER granting #14 Motion to Transfer Case. The Court DIRECTS the Clerk to TRANSFER this action to the United States District Court for the Eastern District of New York. Signed by Judge Eleanor L. Ross on 6/28/2021. (jpk) [Transferred from Georgia Northern on 6/28/2021.]
June 28, 2021 Civil Case Terminated. (jpk) [Transferred from Georgia Northern on 6/28/2021.]
June 28, 2021 The case of Floor and Decor Outlets of America, Inc. v. Safety National Casualty Corporation, has been transferred from Northern District of Georgia to the Eastern District of New York. The new case number is 21-cv-3617. PLEASE NOTE: if you plan to continue representing your client(s), you must be admitted to practice before this court. You must do so by applying for Pro Hac Vice or permanent admission. To apply for Pro Hac Vice admission, you must first register for an ECF login and password. Please visit the Court's website at www.nyed.uscourts.gov/attorney-admissions for guidance. Once registered, you must electronically file a Motion to Appear Pro Hac Vice. You must pay the required pro hac vice fee online. (Cubano, Jazmin)
June 24, 2021 Filing 14 Joint MOTION to Transfer Case to Eastern District of New York by Floor and Decor Outlets of America, Inc.. (Attachments: #1 Text of Proposed Order)(Brougher, Brent) [Transferred from Georgia Northern on 6/28/2021.]
June 11, 2021 Submission of #6 MOTION to Dismiss or Alternative MOTION to Transfer Case to District Judge Eleanor L. Ross. (jpk) [Transferred from Georgia Northern on 6/28/2021.]
June 9, 2021 Filing 13 REPLY BRIEF re #6 MOTION to Dismiss or Alternative MOTION to Transfer Case filed by Safety National Casualty Corporation. (Attachments: #1 Exhibit A - Order Denying Dismissal Motion)(Athans, Michael) Modified on 6/9/2021 to edit event text (jpk). [Transferred from Georgia Northern on 6/28/2021.]
May 27, 2021 Filing 12 RESPONSE in Opposition re #6 MOTION to Dismiss or Alternative MOTION to Transfer Case filed by Floor and Decor Outlets of America, Inc.. (Attachments: #1 Declaration of Brent W. Brougher, #2 Exhibit 1 - to Declaration - April 2, 2021 Letter)(Brougher, Brent) [Transferred from Georgia Northern on 6/28/2021.]
May 17, 2021 Opinion or Order Filing 11 ORDER granting #10 Motion for Extension of Time to Respond to #6 Motion. The deadline for Plaintiff to file its response is extended through and including May 27, 2021. Signed by Judge Eleanor L. Ross on 5/15/2021. (jpk) [Transferred from Georgia Northern on 6/28/2021.]
May 13, 2021 Filing 10 Consent MOTION for Extension of Time to Respond re: #6 MOTION to Dismiss or Alternative MOTION to Transfer Case by Floor and Decor Outlets of America, Inc.. (Attachments: #1 Proposed Order)(Reynolds, Joe) [Transferred from Georgia Northern on 6/28/2021.]
May 10, 2021 Clerks Notation re #9 Certificate of Interested Persons/Corporate Disclosures by Floor and Decor Outlets of America, Inc. identifying Corporate Parent FDO Acquisition Corp., Corporate Parent Floor & Decor Holdings, Inc. for Floor and Decor Outlets of America, Inc.. Read and approved by District Judge Eleanor L. Ross. (mlb) [Transferred from Georgia Northern on 6/28/2021.]
May 7, 2021 Filing 9 Certificate of Interested Persons and Corporate Disclosure Statement by Floor and Decor Outlets of America, Inc. identifying Corporate Parent FDO Acquisition Corp., Corporate Parent Floor & Decor Holdings, Inc. for Floor and Decor Outlets of America, Inc.. (Brougher, Brent) [Transferred from Georgia Northern on 6/28/2021.]
May 6, 2021 Filing 8 Certificate of Interested Persons by Safety National Casualty Corporation. (Athans, Michael) [Transferred from Georgia Northern on 6/28/2021.]
May 6, 2021 Filing 7 Memorandum of Law in Support re #6 MOTION to Dismiss filed by Safety National Casualty Corporation. (Attachments: #1 Exhibit A - NY DJ Complaint)(Athans, Michael) Modified on 5/7/2021 to edit text (jpk). [Transferred from Georgia Northern on 6/28/2021.]
May 6, 2021 Filing 6 MOTION to Dismiss or Alternative MOTION to Transfer Case by Safety National Casualty Corporation. (Attachments: #1 Text of Proposed Order Proposed Order, #2 Text of Proposed Order Alternate Proposed Order)(Athans, Michael). Added MOTION to Transfer Case on 5/7/2021 (jpk). Modified on 5/7/2021 to edit text (jpk). [Transferred from Georgia Northern on 6/28/2021.]
May 6, 2021 Clerks Notation re #8 Certificate of Interested Persons/Corporate Disclosures by Safety National Casualty Corporation. Read and approved by District Judge Eleanor L. Ross. (mlb) [Transferred from Georgia Northern on 6/28/2021.]
April 19, 2021 Filing 5 NOTICE FROM THE COURT: INSTRUCTIONS FOR CIVIL CASES ASSIGNED TO THE HONORABLE ELEANOR L. ROSS. (mlb) [Transferred from Georgia Northern on 6/28/2021.]
April 18, 2021 Filing 4 AFFIDAVIT of Service for Summons and Complaint , as to Safety National Casualty Corporation. (Brougher, Brent) [Transferred from Georgia Northern on 6/28/2021.]
April 16, 2021 Opinion or Order Filing 3 ELEVENTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 03/09/2021. (rvb) [Transferred from Georgia Northern on 6/28/2021.]
April 16, 2021 Filing 2 Electronic Summons Issued as to Safety National Casualty Corporation. (rvb) [Transferred from Georgia Northern on 6/28/2021.]
April 15, 2021 Filing 1 COMPLAINT with Jury Demand filed by Floor and Decor Outlets of America, Inc. (Filing fee $402, receipt number AGANDC-10904117) (Attachments: #1 Exhibit A- 2016-2017 Policy, #2 Exhibit B- Complaint - 2018 Litigation, #3 Exhibit C- Complaint - 2019 Litigation, #4 Civil Cover Sheet)(rvb) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. [Transferred from Georgia Northern on 6/28/2021.]

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Plaintiff: 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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Defendant: Safety National Casualty Corporation
Represented By: Rachael Slimmon
Represented By: Sherri N. Pavloff
Represented By: Michael J. Athans
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