J. Petrocelli Contracting, Inc. et al v. American Empire Surplus Lines Insurance Company et al
| J. Petrocelli Contracting, Inc. and The Travelers Indemnity Company |
| American Empire Surplus Lines Insurance Company |
| Houston Casualty Company and Tokio Marine Holdings, Inc. |
| 2:2023cv08181 |
| November 2, 2023 |
| US District Court for the Eastern District of New York |
| James M Wicks |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Declaratory Judgement |
| Defendant |
Docket Report
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This docket was last retrieved on December 29, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 20 ANSWER to #15 Answer to Complaint,, Crossclaim,, Counterclaim, by American Empire Surplus Lines Insurance Company. (McKenna, John) |
| Filing 19 Proposed Scheduling Order by J. Petrocelli Contracting, Inc., The Travelers Indemnity Company (Engeldrum, Joanne) |
| Filing 18 ANSWER to #15 Answer to Complaint,, Crossclaim,, Counterclaim, by J. Petrocelli Contracting, Inc., The Travelers Indemnity Company. (Engeldrum, Joanne) |
| Filing 17 Corporate Disclosure Statement by Houston Casualty Company identifying Corporate Parent Tokio Marine Holdings, Inc. for Houston Casualty Company. (Nobel, Robert) |
| Filing 16 Corporate Disclosure Statement by Houston Casualty Company identifying Corporate Parent Tokio Marine Holdings, Inc. for Houston Casualty Company. (Nobel, Robert) |
| Filing 15 ANSWER to #1 Complaint, , CROSSCLAIM against American Empire Surplus Lines Insurance Company, COUNTERCLAIM against J. Petrocelli Contracting, Inc., The Travelers Indemnity Company by Houston Casualty Company. (Nobel, Robert) |
ORDER granting #14 Motion for Extension of Time to Answer. The time within which Defendant Houston Casualty Company shall respond to the complaint is hereby extended to and including 12/15/2023.So Ordered by Magistrate Judge James M. Wicks on 12/1/2023. (Wicks, James)
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| Filing 14 MOTION for Extension of Time to File Answer to Complaint by Houston Casualty Company. (Nobel, Robert) |
| Filing 13 NOTICE of Appearance by Robert Scott Nobel on behalf of Houston Casualty Company (aty to be noticed) (Nobel, Robert) |
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Filing 12
INITIAL CONFERENCE SCHEDULING ORDER: An Initial Rule 16 Scheduling Conference will be held on January 2, 2024 at 12:00 PM via the Court's Video Zoom. 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 December 26, 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. Counsel for all parties are directed to review Docket Entry No. #5 , concerning the assignment of a Magistrate Judge to oversee this case. If by February 2, 2024 all parties have not signed and filed the consent form consenting to the jurisdiction of the assigned Magistrate Judge, the Clerk of Court is directed to randomly assign a District Judge to the case. In that event, the assigned Magistrate Judge will remain on the case and preside over all non-dispositive pretrial matters unless the assigned District Judge orders otherwise. So Ordered by Magistrate Judge James M. Wicks on 11/29/2023. (Attachments: #1 Proposed Rule 26(f) Scheduling Order, #2 JMW Individual Practice Rules) (DF)
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| Filing 11 NOTICE of Appearance by Bethany Gartner on behalf of American Empire Surplus Lines Insurance Company (aty to be noticed) (Gartner, Bethany) |
| Filing 10 Corporate Disclosure Statement by American Empire Surplus Lines Insurance Company identifying Corporate Parent Great American Insurance Company, Corporate Parent American Financial Group Inc. for American Empire Surplus Lines Insurance Company. (McKenna, John) |
| Filing 9 ANSWER to #1 Complaint, by American Empire Surplus Lines Insurance Company. (McKenna, John) |
| Filing 8 SUMMONS Returned Executed by J. Petrocelli Contracting, Inc., The Travelers Indemnity Company. Houston Casualty Company served on 11/7/2023, answer due 11/28/2023. (Engeldrum, Joanne) |
| Filing 7 SUMMONS Returned Executed by J. Petrocelli Contracting, Inc., The Travelers Indemnity Company. American Empire Surplus Lines Insurance Company served on 11/7/2023, answer due 11/28/2023. (Engeldrum, Joanne) |
| NOTICE: This case has been assigned to a Magistrate Judge pursuant to the Court's Direct Assignment Pilot Program, which is governed by Administrative Order 2023-23. The Administrative Order, answers to Frequently Asked Questions about the Pilot Program, information about consenting to a Magistrate Judge, and a biography of the Magistrate Judge assigned to this case are on the Courts website: https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program (DF) |
| Filing 6 Summons Issued as to All Defendants. (Attachments: #1 Summons #2) (CL) |
| Filing 5 Clerks Notice Re: Consent. A magistrate judge has been assigned as the presiding judge in this case as part of a Pilot Program, governed by EDNY Administrative Order 2023-23. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this 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 is also available here: #https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. Unless all parties consent to the Magistrate Judge jurisdiction by the deadline set forth in the Administrative Order 2023-23, a District Judge will be assigned to the case. The parties are directed to review the terms of Administrative Order 2023-23 and other materials related to the Pilot Program on the Courts website: #https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program. (CL) |
| Case Assigned to 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) |
| This attorney case opening filing has been checked for quality control. (CL) |
| Filing 4 Corporate Disclosure Statement by J. Petrocelli Contracting, Inc., The Travelers Indemnity Company identifying Corporate Parent Travelers Property Casualty Corp., Corporate Parent Travelers Insurance Group Holdings, Inc., Corporate Parent The Travelers Companies, Inc. for The Travelers Indemnity Company. (Engeldrum, Joanne) |
| Filing 3 Proposed Summons. Re #1 Complaint, by J. Petrocelli Contracting, Inc., The Travelers Indemnity Company (Engeldrum, Joanne) |
| Filing 2 Proposed Summons. Re #1 Complaint, by J. Petrocelli Contracting, Inc., The Travelers Indemnity Company (Engeldrum, Joanne) |
| Filing 1 COMPLAINT against American Empire Surplus Lines Insurance Company, Houston Casualty Company filing fee $ 402, receipt number ANYEDC-17246936 Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by J. Petrocelli Contracting, Inc., The Travelers Indemnity Company. (Attachments: #1 Civil Cover Sheet) (Engeldrum, Joanne) |
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