Fidelity and Deposit Company of Maryland et al v. United States of America et al
Plaintiff: Zurich American Insurance Company and Fidelity and Deposit Company of Maryland
Defendant: Dormitory Authority of the State of New York and United States of America
Case Number: 1:2018cv01427
Filed: December 10, 2018
Court: US District Court for the Northern District of New York
Presiding Judge: Gary L Sharpe
Referring Judge: Daniel J Stewart
Nature of Suit: Taxes
Cause of Action: 26 U.S.C. § 7426 IRS: Wrongful Levy for Taxes
Jury Demanded By: None
Docket Report

This docket was last retrieved on November 13, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 13, 2019 Filing 28 STIPULATION of Dismissal by United States of America. (Wozniak, Karen)
September 10, 2019 Opinion or Order Filing 27 ORDER OF DISMISSAL BY REASON OF SETTLEMENT. Signed by Senior Judge Gary L. Sharpe on 9/10/2019. (jel, )
July 29, 2019 Opinion or Order Filing 26 TEXT ORDER: On July 26, 2019, Plaintiffs filed a Letter Request, with the consent of all parties, seeking an adjournment of the Rule 16 Initial Conference and advising that the parties have a reached a settlement in principle in this matter. Dkt. No. #25 . Based upon Plaintiffs' submission, the request is GRANTED and the Rule 16 Initial Conference is ADJOURNED without date at this time. Counsel are directed to file a Stipulation of Dismissal or advise as to the status of settlement by August 30, 2019. SO ORDERED by Magistrate Judge Daniel J. Stewart on 7/29/2019. (mab)
July 26, 2019 Filing 25 Letter Motion from Jonathan Bondy, Esq. for Fidelity and Deposit Company of Maryland, Fidelity and Deposit Company of Maryland, Zurich American Insurance Company, Zurich American Insurance Company requesting a cancellation of the initial conference on July 30, 2019 and advising that the case has been settled in principle submitted to Judge Hon. Daniel J. Stewart, U.S.D.J. . (Bondy, Jonathan)
July 26, 2019 Opinion or Order Filing 24 TEXT ORDER: The Rule 16 Initial Conference in this matter is scheduled for July 30, 2019 at 10:00 AM before the undersigned. The deadline to file a proposed Civil Case Management Plan was July 23, 2019. To date, the Court has not received such filing. Counsel are directed to file their proposed Civil Case Management Plan by July 29, 2019. SO ORDERED by Magistrate Judge Daniel J. Stewart on 7/26/2019. (mab)
June 17, 2019 Opinion or Order Filing 23 TEXT ORDER: On June 13, 2019, Plaintiff filed a Letter Request, with the consent of all parties, seeking an adjournment of the Rule 16 Initial Conference in this matter. Dkt. No. #22 . Based upon the reasons set forth in Plaintiffs' submission, the request is GRANTED and the Rule 16 Initial Conference is RESCHEDULED for July 30, 2019 at 10:00 AM before the undersigned. Counsel are directed to appear IN PERSON at the James T. Foley US Courthouse, 445 Broadway, 4th Floor, Room 409, Albany, NY on the scheduled date and time. Counsel are also directed to submit a proposed Civil Case Management Plan and exchange Mandatory Disclosures on or before July 23, 2019. Pursuant to Local Rule 26.2, Mandatory Disclosures are to be exchanged among the parties but are NOT to be filed with the Court. SO ORDERED by Magistrate Judge Daniel J. Stewart on 6/17/2019. (mab)
June 13, 2019 Filing 22 Letter Motion from Jonathan Bondy, Esq. for Fidelity and Deposit Company of Maryland, Fidelity and Deposit Company of Maryland, Zurich American Insurance Company, Zurich American Insurance Company requesting An Adjournment of the Rule 16 Initial Conference Scheduled for June 17, 2019 submitted to Judge Hon. Daniel J. Stewart, U.S.D.J. . (Bondy, Jonathan)
May 15, 2019 Opinion or Order Filing 21 TEXT ORDER: On May 13, 2019, Plaintiffs filed a Letter Request, with the consent of all parties, seeking an adjournment of the Rule 16 Initial Conference in this matter. Dkt. No. #20 . Based upon the reasons set forth in Plaintiffs' submission, the request is GRANTED and the Rule 16 Initial Conference is RESCHEDULED for June 19, 2019 at 10:00 AM before the undersigned. Counsel are directed to appear IN PERSON at the James T. Foley US Courthouse, 445 Broadway, 4th Floor, Room 409, Albany, NY on the scheduled date and time. Counsel are also directed to submit a proposed Civil Case Management Plan and exchange Mandatory Disclosures on or before June 12, 2019. Pursuant to Local Rule 26.2, Mandatory Disclosures are to be exchanged among the parties but are NOT to be filed with the Court. SO ORDERED by Magistrate Judge Daniel J. Stewart on 5/15/2019. (mab)
May 13, 2019 Filing 20 Letter Motion for Fidelity and Deposit Company of Maryland requesting An Adjournment of the Rule 16 Initial Conference Scheduled for May 16, 2019 submitted to Judge Hon. Daniel J. Stewart, U.S.D.J. . (Bondy, Jonathan)
April 24, 2019 Opinion or Order Filing 19 TEXT ORDER: Due to a conflict in the Court's calendar, the Rule 16 Initial Conference in this matter is RESCHEDULED as to TIME ONLY and is set for May 16, 2019 at 9:30 AM before the undersigned. Counsel are directed to appear IN PERSON at the James T. Foley US Courthouse, 445 Broadway, 4th Floor, Room 409, Albany, NY on the scheduled date and time. Counsel are also directed to submit a proposed Civil Case Management Plan and exchange Mandatory Disclosures on or before May 9, 2019. Pursuant to Local Rule 26.2, Mandatory Disclosures are to be exchanged among the parties but are NOT to be filed with the Court. SO ORDERED by Magistrate Judge Daniel J. Stewart on 4/24/2019. (mab)
April 17, 2019 Opinion or Order Filing 18 TEXT ORDER granting Defendant's #16 Letter Request seeking to reschedule the Rule 16 Initial Conference in this matter. The Rule 16 Initial Conference is RESCHEDULED for May 16, 2019 at 11:00 AM before the undersigned. Counsel are directed to appear IN PERSON at the James T. Foley US Courthouse, 445 Broadway, 4th Floor, Room 409, Albany, NY on the scheduled date and time. Counsel are also directed to submit a proposed Civil Case Management Plan and exchange Mandatory Disclosures on or before May 9, 2019. Pursuant to Local Rule 26.2, Mandatory Disclosures are to be exchanged among the parties but are NOT to be filed with the Court. SO ORDERED by Magistrate Judge Daniel J. Stewart on 4/17/2019. (mab)
April 12, 2019 Filing 17 ANSWER to #13 Answer to Complaint, Counterclaim by Fidelity and Deposit Company of Maryland, Zurich American Insurance Company.(Bondy, Jonathan)
April 12, 2019 Filing 16 Consent Letter Motion from Karen Wozniak for United States of America requesting to adjourn the Initial Conference and extend the deadline to file a Civil Case Management Plan and exchange Mandatory Disclosures submitted to Judge Daniel J. Stewart . (Wozniak, Karen)
March 29, 2019 Filing 15 NOTICE by United States of America NOTICE OF APPEARANCE AND SUBSTITUTION OF COUNSEL (Wozniak, Karen)
March 25, 2019 Filing 14 NOTICE of Appearance by Stephen Wieder on behalf of Fidelity and Deposit Company of Maryland, Zurich American Insurance Company (Wieder, Stephen)
March 22, 2019 Filing 13 ANSWER to #1 Complaint, , COUNTERCLAIM against Fidelity and Deposit Company of Maryland, Zurich American Insurance Company by United States of America.(Yu, James)
March 4, 2019 Opinion or Order Filing 12 TEXT ORDER granting Defendant's #11 Letter Request to reschedule the Rule 16 Initial Conference in this matter. Based upon the reasons set forth in Defendant's request, the Rule 16 Initial Conference is RESCHEDULED for April 22, 2019 at 10:00 AM before the undersigned. Counsel are directed to appear IN PERSON at the James T. Foley US Courthouse, 445 Broadway, 4th Floor, Room 409, Albany, NY on the scheduled date and time. Counsel are also directed to submit a proposed Civil Case Management Plan and exchange Mandatory Disclosures on or before April 15, 2019. Pursuant to Local Rule 26.2, Mandatory Disclosures are to be exchanged among the parties but are NOT to be filed with the Court. Defendants are to file a response to the Complaint on or before March 24, 2019. SO ORDERED by Magistrate Judge Daniel J. Stewart on 3/4/2019. (mab)
March 1, 2019 Filing 11 Unopposed Letter Motion from United States of America for United States of America requesting Adjournment of Initial Conference submitted to Judge Stewart . (Yu, James)
February 4, 2019 Filing 10 NOTICE of Appearance by James Yu on behalf of United States of America (Yu, James)
January 23, 2019 Filing 9 WAIVER OF SERVICE Returned Executed by Zurich American Insurance Company. Dormitory Authority of the State of New York waiver sent on 12/18/2018, answer due 2/19/2019. (Katz, Steven)
January 23, 2019 Filing 8 NOTICE of Appearance by Nathan R. Sabourin on behalf of Dormitory Authority of the State of New York (Sabourin, Nathan)
January 15, 2019 Filing 7 NOTICE of Appearance by William F. Larkin on behalf of United States of America (Larkin, William)
December 20, 2018 Filing 6 AFFIDAVIT of Service for Summons, Complaint, G.O. 25 Filing Order via Certified Mail Service, served on United States Attorney for the Northern District of New York, and Attorney General of the United States on December 19, 2018, filed by Fidelity and Deposit Company of Maryland, Zurich American Insurance Company. (Attachments: #1 Affirmation of Service)(Katz, Steven)
December 10, 2018 Filing 5 Summons Issued as to United States of America, U.S. Attorney and U.S. Attorney General (Attachments: #1 Summons Issued as to the Attorney General)(dpk)
December 10, 2018 Filing 4 Summons Issued as to Dormitory Authority of the State of New York. (dpk)
December 10, 2018 Filing 3 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Fidelity and Deposit Company of Maryland and Zurich American Insurance Company identifying Corporate Parent Zurich American Insurance Company for Fidelity and Deposit Company of Maryland; Corporate Parent Zurich Holding Company of America, Inc., Corporate Parent Zurich Financial Services Ltd., Corporate Parent Zurich Insurance Company Ltd. for Zurich American Insurance Company. (dpk)
December 10, 2018 Filing 2 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 3/11/2019 at 9:00 AM in Albany before Magistrate Judge Daniel J. Stewart. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 3/4/2019. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (dpk)
December 10, 2018 Filing 1 COMPLAINT against Dormitory Authority of the State of New York and the United States of America (Filing fee $400 receipt number 4587449) filed by Fidelity and Deposit Company of Maryland and Zurich American Insurance Company. (Attachments: #1 Civil Cover Sheet) (dpk)

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Plaintiff: Zurich American Insurance Company
Represented By: Steven S. Katz
Represented By: Jonathan S. Bondy
Represented By: Stephen Wieder
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Plaintiff: Fidelity and Deposit Company of Maryland
Represented By: Steven S. Katz
Represented By: Jonathan S. Bondy
Represented By: Stephen Wieder
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Defendant: Dormitory Authority of the State of New York
Represented By: Nathan R. Sabourin
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Defendant: United States of America
Represented By: William F. Larkin
Represented By: James Yu
Represented By: Karen Wozniak
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