Sigma Corporation of America v. United Parcel Service Inc. et al
| Sigma Corporation of America |
| United Parcel Service Inc., UPS Capital Insurance Agency, Inc. and National Union Fire Insurance Company of Pittsburgh, PA |
| 2:2022cv05794 |
| September 28, 2022 |
| US District Court for the Eastern District of New York |
| Gary R Brown |
| Steven I Locke |
| Commerce ICC Rates, Etc. |
| 49 U.S.C. § 81 Damaged Goods While Being Transported |
| None |
Docket Report
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| Filing 23 NOTICE of Change of Address Once the filing has been made, you must login to www.pacer.gov and update your account. (Bach, Jonathan) |
| Filing 22 Letter Response to Docket No 19 by National Union Fire Insurance Company of Pittsburgh, PA (Wexler, Fred) |
| Filing 21 NOTICE of Appearance by Fred G. Wexler on behalf of National Union Fire Insurance Company of Pittsburgh, PA (aty to be noticed) (Wexler, Fred) |
| Filing 20 RESPONSE to Motion re #19 MOTION for pre motion conference filed by UPS Capital Insurance Agency, Inc.. (Bach, Jonathan) |
ORDER granting #19 Motion for Pre Motion ConferenceA telephone pre-motion conference is scheduled for March 10, 2023 at 2:00 PM before Judge Gary R. Brown, at which time the parties should be prepared to address Plaintiff Sigma Corporation of America"s anticipated motion that thestay imposed by that Court's prior Order be lifted as to Defendants UPS Capital Insurance Agency, Inc., and National Union Fire Insurance Company of Pittsburgh, PA., DE 19. The parties shall call (888) 363-4734, using ACCESS CODE 4132441, five minutes before the conference.Counsel should note that, in appropriate cases, the pre-motion letter as well as the response, along with counsels' arguments 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).The Defendants are directed to respond to DE 19 in accordance with the undersigned's individual rules by January 9, 2023. At the conference, the Court will issue a briefing schedule if necessary. 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 12/22/2022. (LJ)
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| Filing 19 MOTION for pre motion conference by Sigma Corporation of America. (Levin, Jay) |
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Filing 18
ORDER granting DE #16 Motion for Extension of Time to Answer. On consent, the parties' Proposed Stipulation is So Ordered; see attached. The deadline for Defendant National Union Fire Insurance Company of Pittsburgh, PA to answer or otherwise respond to the complaint is extended to and including 12/15/2022.Ordered by Magistrate Judge Steven I. Locke on 11/30/2022. (JM)
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ORDER granting #17 Motion to Stay. The matter is stayed as to all parties pending the resolution of arbitration. Ordered by Judge Gary R. Brown on 11/30/2022. c/ecf (JT)
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| Filing 17 Consent MOTION to Stay action and refer claims to arbitration by United Parcel Service Inc.. (McPherson, Mark) |
| Filing 16 STIPULATION Extending Time to Answer Complaint by National Union Fire Insurance Company of Pittsburgh, PA (Naughton, Michael) |
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Filing 15
ORDER granting DE #13 Motion for Extension of Time to Answer. On consent, the parties' Proposed Stipulation is So Ordered; see attached. The deadline for Defendant UPS Capital Insurance Agency, Inc. to answer or otherwise respond to the complaint is extended to and including 12/15/2022. Ordered by Magistrate Judge Steven I. Locke on 11/28/2022. (JM)
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| Filing 14 NOTICE of Appearance by Charles Eric Hintz on behalf of UPS Capital Insurance Agency, Inc. (aty to be noticed) (Hintz, Charles) |
| Filing 13 Consent MOTION for Extension of Time to File Answer re #1 Complaint, to December 15, 2022 by UPS Capital Insurance Agency, Inc.. (Bach, Jonathan) |
| Filing 12 NOTICE of Appearance by Jonathan Bach on behalf of UPS Capital Insurance Agency, Inc. (aty to be noticed) (Bach, Jonathan) |
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Filing 11
ORDER granting DE #10 Motion for Extension of Time to Answer. On consent, the parties' Proposed Stipulation is So Ordered; see attached. The time for Defendant National Union Fire Insurance Company of Pittsburgh, PA to answer or otherwise respond to the Complaint is extended to and including 12/1/2022. Ordered by Magistrate Judge Steven I. Locke on 11/4/2022. (JM)
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| Filing 10 Consent MOTION for Extension of Time to File Answer re #1 Complaint, to December 1, 2022 by National Union Fire Insurance Company of Pittsburgh, PA. (Naughton, Michael) |
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Filing 9
ORDER granting DE #8 Motion for Extension of Time to Answer. The parties' Proposed Stipulation and Order is So Ordered; see attached. The deadline for Defendants United Parcel Service, Inc. and UPS Capital Insurance Agency, Inc. to answer or otherwise respond to the Complaint is extended to and including 12/1/2022.Ordered by Magistrate Judge Steven I. Locke on 11/2/2022. (JM)
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| Filing 8 Consent MOTION for Extension of Time to File Answer re #1 Complaint, to December 1, 2022 by United Parcel Service Inc.. (McPherson, Mark) |
| Filing 7 SUMMONS Returned Executed by Sigma Corporation of America. National Union Fire Insurance Company of Pittsburgh, PA served on 10/21/2022, answer due 11/11/2022. (Levin, Jay) |
| Filing 6 SUMMONS Returned Executed by Sigma Corporation of America. UPS Capital Insurance Agency, Inc. served on 10/6/2022, answer due 10/27/2022. (Levin, Jay) |
| Filing 5 SUMMONS Returned Executed by Sigma Corporation of America. United Parcel Service Inc. served on 10/6/2022, answer due 10/27/2022. (Levin, Jay) |
| Filing 4 Summons Issued as to National Union Fire Insurance Company of Pittsburgh, PA, UPS Capital Insurance Agency, Inc., United Parcel Service Inc.. (Attachments: #1 Summons #2, #2 Summons #3) (Landow, Concetta) |
| 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. (Landow, Concetta) |
| Filing 2 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Landow, Concetta) |
| Filing 1 COMPLAINT against National Union Fire Insurance Company of Pittsburgh, PA, UPS Capital Insurance Agency, Inc., United Parcel Service Inc. filing fee $ 402, receipt number ANYEDC-15983838 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Sigma Corporation of America. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons, #3 Proposed Summons, #4 Proposed Summons) (Levin, Jay) |
| Case Assigned to Judge Gary R. Brown 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. (Landow, Concetta) |
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