JMS Construction Services, Inc. v. Evanston Insurance Company
Plaintiff: JMS Construction Services, Inc.
Defendant: Evanston Insurance Company
3Rd Party Defendant: Robert Hotaling
Case Number: 1:2020cv00366
Filed: March 31, 2020
Court: US District Court for the Northern District of New York
Presiding Judge: Lawrence E Kahn
Referring Judge: Daniel J Stewart
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. § 1441 Petition for Removal- Insurance Contract
Jury Demanded By: None
Docket Report

This docket was last retrieved on May 29, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 29, 2020 Set Deadlines as to #18 MOTION for Summary Judgment . Response to Motion due by 6/16/2020. Reply to Response to Motion due by 6/23/2020. Motion Hearing is set for 7/3/2020 at 09:30 AM in Albany before Senior Judge Lawrence E. Kahn. As a reminder, all of Judge Kahn's motions are considered on the submission of the papers, only. No personal appearances are required. No oral arguments will be entertained. (sas)
May 28, 2020 Filing 18 MOTION for Summary Judgment filed by Evanston Insurance Company. (Attachments: #1 Exhibit(s) Exhibit A, #2 Exhibit(s) Exhibit B, #3 Exhibit(s) Exhibit C, #4 Exhibit(s) Exhibit D, #5 Exhibit(s) Exhibit E, #6 Exhibit(s) Exhibit F, #7 Exhibit(s) Exhibit G, #8 Exhibit(s) Exhibit H, #9 Exhibit(s) Exhibit I, #10 Exhibit(s) Exhibit J, #11 Exhibit(s) Exhibit K, #12 Exhibit(s) Exhibit L, #13 Memorandum of Law Memo of Law, #14 Statement of Material Facts Rule 56.1 Statement, #15 Declaration Skeen Declaration, #16 Exhibit(s) Exhibit A, #17 Exhibit(s) Exhibit B, #18 Exhibit(s) Exhibit C, #19 Exhibit(s) Exhibit D, #20 Exhibit(s) Exhibit E, #21 Exhibit(s) Exhibit F, #22 Exhibit(s) Exhibit G, #23 Exhibit(s) Exhibit H, #24 Proposed Order/Judgment Proposed Order, #25 Affidavit Cert of Service) (Villaverde, April)
May 5, 2020 Opinion or Order Filing 17 TEXT ORDER: The Court held a Rule 16 Initial Conference with the parties on May 4, 2020. The Court, sua sponte, exempts this matter from the Mandatory Mediation Program. SO ORDERED by Magistrate Judge Daniel J. Stewart on 5/5/2020. (mab)
May 5, 2020 Opinion or Order Filing 16 UNIFORM PRETRIAL SCHEDULING ORDER: Anticipated length of trial: 3 Days. Preferred Trial Location: Albany, NY. Joinder of Parties due by 7/31/2020. Amended Pleadings due by 7/31/2020. Discovery due by 10/30/2020. Motions to be filed by 1/29/2021. This case has been exempt from the Court's Mandatory Mediation Program. Signed by Magistrate Judge Daniel J. Stewart on 5/5/2020. (mab)
May 4, 2020 Text Minute Entry for proceedings held before Magistrate Judge Daniel J. Stewart: Rule 16 Initial Pretrial Conference held on 5/4/2020. Appearances: Matthew Griesemer, Esq. for Plaintiff; April Villaverde, Esq. for Defendant; Lee Greenstein, Esq. for Third-Party Defendant. The Court hears from counsel as to their positions and how they intend to proceed in this matter. Mandatory Disclosures have been exchanged. The Court discusses the Mandatory Mediation Program with counsel. Based upon those discussions, the Court exempts this matter from the Mandatory Mediation Program. If settlement becomes an option as the case progresses, the parties are to advise the Court. Scheduling Order deadlines set. A Uniform Pretrial Order will be issued. (TIME: 10:01AM-10:13AM). (mab)
April 27, 2020 Filing 15 CIVIL CASE MANAGEMENT PLAN by Robert Hotaling. (Greenstein, Lee)
April 22, 2020 Filing 14 Defendant/Third-Party Plaintiff Evanston Insurance Company's ANSWER to Complaint of Third-Party Defendant Robert Hotaling by Evanston Insurance Company. (Attachments: #1 Affidavit Certificate of Service)(Villaverde, April)
April 17, 2020 Filing 13 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by JMS Construction Services, Inc.. (Gallagher, Matthew)
April 17, 2020 Filing 12 ANSWER to #5 Answer to Complaint, Counterclaim by JMS Construction Services, Inc..(Gallagher, Matthew)
April 17, 2020 Opinion or Order Filing 11 TEXT ORDER: The Rule 16 Initial Conference in this matter is RESCHEDULED as to TIME ONLY and is now set for May 4, 2020 at 10:00 AM before the undersigned and will be conducted by TELEPHONE. The Court will issue a separate notice setting forth the instructions to connect to the conference call. Counsel are directed to submit a proposed Civil Case Management Plan and exchange Mandatory Disclosures on or before April 27, 2020. 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 4/17/2020. (mab)
April 16, 2020 CLERK'S CORRECTION OF DOCKET ENTRY re #10 Answer to reflect filing by Lee Greenstein, Esq., on behalf of Third Party Defendant/Counterclaimant Robert Hotaling. (jel, )
April 15, 2020 Filing 10 ANSWER to #7 Third-Party Complaint Answer to Evanston Third Party Complaint, First COUNTERCLAIM against Evanston Insurance Company by Robert Hotaling(Greenstein, Lee) Modified on 4/16/2020 (jel, ).
April 6, 2020 Filing 9 Third-Party Summons Issued as to Robert Hotaling. (jel, )
April 6, 2020 CLERK'S CORRECTION OF DOCKET ENTRY - Separated the Proposed 3rd Party Summons and added as an attachment to the #7 3rd Party Complaint. (jel, )
April 3, 2020 Filing 8 NOTICE of Appearance by Matthew J. Griesemer on behalf of JMS Construction Services, Inc. (Griesemer, Matthew)
April 3, 2020 Filing 7 THIRD PARTY COMPLAINT against Robert Hotaling filed by Evanston Insurance Company. (Attachments: #1 Supplement Certification of Service)(Villaverde, April) (Main Document 7 replaced on 4/6/2020) (jel, ). (Additional attachment(s) added on 4/6/2020: #2 Proposed Summons Proposed 3rd Party Summons) (jel, ).
April 3, 2020 Filing 6 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Evanston Insurance Company identifying Corporate Parent Markel Insurance Company, Corporate Parent Markel Insurance Company for Evanston Insurance Company, Evanston Insurance Company.. (Villaverde, April)
April 3, 2020 Filing 5 ANSWER to Complaint , COUNTERCLAIM against JMS Construction Services, Inc. by Evanston Insurance Company. (Attachments: #1 Supplement Certificate of Service)(Villaverde, April)
April 1, 2020 Filing 4 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 5/4/2020 at 09:00 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 4/27/2020. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (jel, )
April 1, 2020 ***Answer due date updated for Evanston Insurance Company answer due 4/7/2020. (jel, )
March 31, 2020 Filing 3 AMENDED SUMMONS AND STATE COURT COMPLAINT filed by Evanston Insurance Company. (jel, )
March 31, 2020 Filing 2 SUMMMONS AND STATE COURT COMPLAINT filed by Evanston Insurance Company. (jel, )
March 31, 2020 Filing 1 NOTICE OF REMOVAL from Columbia County Supreme Court, case number 14480/2019 (Filing fee $400 receipt number 5076121) filed by Evanston Insurance Company. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D, #5 Civil Cover Sheet)(jel, )

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Defendant: Evanston Insurance Company
Represented By: April Theresa Villaverde
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Plaintiff: JMS Construction Services, Inc.
Represented By: Matthew Gallagher
Represented By: Matthew J. Griesemer
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3rd party defendant: Robert Hotaling
Represented By: Lee D. Greenstein
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