Carruyo Escolona v. Liberty Surplus Insurance Company
| Jhon Cristobal Carruyo Escolona |
| Liberty Surplus Insurance Company d/b/a Liberty Mutual Fire Insurance Company and Liberty Surplus Insurance Company doing business as Liberty Mutual Fire Insurance Co. |
| 2:2023cv06408 |
| August 28, 2023 |
| US District Court for the Eastern District of New York |
| Allyne R Ross |
| James M Wicks |
| Insurance |
| 12 U.S.C. § 635 Breach of Insurance Contract |
| None |
Docket Report
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| Document Text |
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| Filing 13 AMENDED COMPLAINT against Liberty Surplus Insurance Company, filed by Jhon Cristobal Carruyo Escolona. (Yadgarov, Alex) |
Filing 12
SCHEDULING ORDER: Please See Order for Further Details. So Ordered by Magistrate Judge James M. Wicks on 9/27/2023. (DF)
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| Filing 11 Minute Order for proceedings held before Magistrate Judge James M. Wicks: CIVIL CAUSE FOR INITIAL CONFERENCE. Counsel for Plaintiff: Robert P. Macchia. Counsel for Defendant: Christoph Akira Starostik. Initial Conference Hearing held on 9/27/2023 at 12:00 PM. Counsel for Plaintiff represented that he wishes to amend the complaint so that only a breach of contract claim remains. Accordingly, Plaintiff's counsel is to provide the proposed amended pleading to Defendant's counsel and shall file the amended pleading itself and stipulation to the new pleading by October 20, 2023. In the filing, Plaintiff's counsel is to include the date when the new complaint was served upon Defendant and the date in which Defendant must respond. Plaintiff's counsel also stated that amending the pleadings may warrant remanding the case back to state court. Should the parties agree that the case should be remanded, then they are advised to file a stipulation to remand on ECF which should be addressed to the Hon. Allyne R. Ross. Following discussion with counsel and review of the submitted worksheet, the Court adopted a Scheduling Order which is attached at ECF No. #12 . In addition to the dates below, the final date for parties to take the first step of summary judgment motion practice is June 14, 2024. A Status Conference has been scheduled for February 12, 2024 at 11:30 AM via the Court's Video Zoom. The Court will email the Zoom invitation closer to the conference date. This conference is a public proceeding, and all are welcome to attend via telephone or via video. If you would like to receive the Zoom invitation, please contact Judge Wicks' Courtroom Deputy at (631) 712-5625. A Final Pretrial Conference has been scheduled for July 26, 2024 at 10:00 AM via the Court's Video Zoom. The Court will email the Zoom invitation closer to the conference date. This conference is a public proceeding, and all are welcome to attend via telephone or via video. If you would like to receive the Zoom invitation, please contact Judge Wicks' Courtroom Deputy at (631) 712-5625. A joint proposed pretrial order ("JPTO") in compliance with the Individual Practice Rules of the Hon. Allyne R. Ross, signed by counsel for each party, must be filed on ECF at least five (5) business days prior to this conference. If a motion for summary judgment is pending, the final pretrial conference will be cancelled and filing of the JPTO will be held in abeyance. THE PARTIES ARE REMINDED that audio or video recording of proceedings by any party other than the Court is strictly prohibited by Local Civil Rule 1.8. Violation of this rule may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed appropriate by the Court. (FTR Log #12:03-12:15 (Video).) (DF) Modified on 9/27/2023 to correct Final Pretrial Conference Date (DF). (Main Document 11 replaced on 9/27/2023) (DF). |
| Filing 10 NOTICE of Appearance by Alex Yadgarov on behalf of Jhon Cristobal Carruyo Escolona (notification declined or already on case) (Yadgarov, Alex) |
| Filing 9 NOTICE of Appearance by Christoph Akira Starostik on behalf of Liberty Surplus Insurance Company (aty to be noticed) (Starostik, Christoph) |
| Filing 8 Proposed Scheduling Order Signed by both parties by Jhon Cristobal Carruyo Escolona (Yadgarov, Alex) |
| Filing 7 Proposed Scheduling Order by Jhon Cristobal Carruyo Escolona (Yadgarov, Alex) |
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ORDER granting #6 Motion for Extension of Time to Amend. Plaintiff shall file the Amended Complaint and stipulation to the Amended Complaint on or before October 20, 2023 in accordance with the Hon. Allyne R. Ross's Rules. So Ordered by Magistrate Judge James M. Wicks on 9/20/2023. (HM)
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| Filing 6 MOTION for Extension of Time to Amend by Jhon Cristobal Carruyo Escolona. (Yadgarov, Alex) |
| Defendant has submitted a letter requesting a pre-motion conference regarding an anticipated motion to dismiss. Plaintiff's counsel is reminded that, under Judge Ross's Individual Motion Practices, plaintiff is required to file a responsive letter addressing the legal and factual bases of the anticipated motion within seven business days from service of defendant's letter, on or before September 13, 2023. (GJ) |
| Filing 5 Letter Requesting Pre-motion Conference in Anticipation of Moving to Dismiss by Liberty Surplus Insurance Company (Potashner, Marshall) |
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Filing 4
INITIAL CONFERENCE SCHEDULING ORDER: INITIAL CONFERENCE SCHEDULING ORDER: An Initial Conference via Zoom will be held September 27, 2023 at 12:00 PM before Magistrate Judge James M. Wicks. The Court will email the Zoom invitation closer to the conference date. All counsel must attend. Counsel are directed to complete the attached Proposed 26(f) Scheduling Order and electronically file same with the Court no later than September 20, 2023. 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. This conference is a public proceeding, and all are welcome to attend via telephone or via video. If you would like to receive the Zoom invitation, please contact Judge Wicks' Courtroom Deputy at (631) 712-5625. THE PARTIES ARE REMINDED that audio or video recording of proceedings by any party other than the Court is strictly prohibited by Local Civil Rule 1.8. Violation of this rule may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed appropriate by the Court. So Ordered by Magistrate Judge James M. Wicks on 8/30/2023. (Attachments: #1 Proposed Rule 26(f) Scheduling Order, #2 JMW Individual Practice Rules) (JT/DF)
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| 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. (CL) |
| Filing 2 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (CL) |
| Case Assigned to Judge Allyne R. Ross and Magistrate Judge James M. Wicks. 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. (CL) |
| Filing 1 NOTICE OF REMOVAL by Liberty Surplus Insurance Company d/b/a Liberty Mutual Fire Insurance Company from Supreme Court of the State of New York, County of Nassau, case number 611252/2023. ( Filing fee $ 402 receipt number ANYEDC-17029970) Was the Disclosure Statement on Civil Cover Sheet completed -Yes(Attachments: #1 Exhibit A - Summons and Verified Complaint, #2 Exhibit B - Policy Declarations, #3 Civil Cover Sheet) (Potashner, Marshall) Modified on 8/29/2023 (CL). |
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| Plaintiff: Jhon Cristobal Carruyo Escolona | |
| Represented By: | Alex Yadgarov |
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| Defendant: Liberty Surplus Insurance Company d/b/a Liberty Mutual Fire Insurance Company | |
| Represented By: | Marshall T. Potashner |
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| Defendant: Liberty Surplus Insurance Company doing business as Liberty Mutual Fire Insurance Co. | |
| Represented By: | Marshall T. Potashner |
| Represented By: | Christoph Akira Starostik |
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