County of Warren v. The Continental Insurance Company et al
| County of Warren |
| CNA Financial Corporation, Michael Easterbrooks and The Continental Insurance Company |
| 1:2022cv00328 |
| April 6, 2022 |
| US District Court for the Northern District of New York |
| Brenda K Sannes |
| Daniel J Stewart |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Insurance Contract |
| None |
Docket Report
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| Document Text |
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| Filing 15 AFFIDAVIT of Service for personal service (redacted home address) served on Michael Easterbrooks on May 31, 2022, filed by County of Warren. (Elmen, Lawrence) |
| ***Answer due date updated for Michael Easterbrooks answer due 6/21/2022. (pjh, ) |
| Filing 14 MOTION to Dismiss Amended Complaint or Strike Claims for Damages and Fees filed by The Continental Insurance Company. Motion returnable before Judge Brenda K. Sannes Response to Motion due by 6/21/2022. Reply to Response to Motion due by 6/28/2022 (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B) (Lee, Janet) |
| ***Answer due date updated for The Continental Insurance Company answer due 5/31/2022. (jel, ) |
| Filing 13 AMENDED COMPLAINT against Michael Easterbrooks, The Continental Insurance Company filed by County of Warren. (Attachments: #1 Exhibit(s) A-Summons and Complaint, filed 8-10-2021, #2 Exhibit(s) B-Insurance Coverage Declarations, #3 Exhibit(s) C-Denial of Insurance Coverage, dated 12-23-2021, #4 Exhibit(s) D-Motion to Dismiss by County of Warren, filed 9-28-2021, #5 Exhibit(s) E-Decision and Order on Motion to Dismiss, filed 11-30-2021, #6 Exhibit(s) F-Notice of Entry, filed 1-25-2022)(Elmen, Lawrence) |
Filing 12
TEXT ORDER: The Court held a Rule 16 Initial Conference with the parties on May 9, 2022. The Court, sua sponte, exempts this matter from the Mandatory Mediation Program. SO ORDERED by Magistrate Judge Daniel J. Stewart on 5/12/2022. (mab)
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Filing 11
UNIFORM PRETRIAL SCHEDULING ORDER: Anticipated length of trial: 2 Days. Preferred Trial Location: Albany, NY. Joinder of Parties due by 7/1/2022. Amended Pleadings due by 7/1/2022. Discovery due by 4/6/2023. Plaintiff's Expert Disclosure Deadline is 1/6/2023. Defendant's Expert Disclosure Deadline is 2/20/2023. Rebuttal Expert Disclosure Deadline is 3/7/2023. Motions to be filed by 6/6/2023. Status Report due by 7/15/2022. This case has been exempt from the Court's Mandatory Mediation Program. Signed by Magistrate Judge Daniel J. Stewart on 5/12/2022. (mab)
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| Text Minute Entry for proceedings held before Magistrate Judge Daniel J. Stewart: Rule 16 Initial Pretrial Conference held on 5/9/2022. Appearances: Lawrence Elmen, Esq. for Plaintiff; Janet Lee, Esq. for Defendant. The Court hears from counsel as to their positions in this matter and as to how they intend to proceed. Plaintiff's counsel advised that he is still in the process of attempting service upon Defendant Michael Easterbrooks. The Court discusses the Mandatory Mediation Program with counsel. Based upon those discussion, the matter is OPTED OUT of the Mandatory Mediation Program. Mandatory Disclosures have been exchanged. Deadlines set. Scheduling Order to be issued. (TIME: 9:32AM-9:44AM). (mab) |
| Filing 10 CIVIL CASE MANAGEMENT PLAN by County of Warren. (Elmen, Lawrence) |
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Filing 9
TEXT ORDER granting #7 Letter Request. The parties are granted the requested extension regarding providing initial disclosures. The Rule 16 conference in this case will be held telephonically and the parties will be provided dial-in information prior to the conference. Signed by Magistrate Judge Daniel J. Stewart on 4/29/2022. (gjr)
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| Filing 8 Answer and Affirmative Defenses ANSWER to Complaint by The Continental Insurance Company. (Attachments: #1 Exhibit(s) LIAB 6680B)(Lee, Janet) |
| Filing 7 General Request Letter Letter Motion from Janet Lee for The Continental Insurance Company requesting To Appear by telephone or videoconference for initial conference scheduled for May 9, 2022 and requesting extension of deadline for exchange of Rule 26 Disclosures from May 2, 2022 to May 16, 2022. submitted to Judge Hon. Daniel J. Stewart . (Lee, Janet) |
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Filing 6
ORDER ON STIPULATION FOR SUBSTITUTION OF PARTIES AND TIME FOR RESPONSE: It is ORDERED that CNA FINANCIAL CORPORATION is dismissed from the case without prejudice and THE CONTINENTAL INSURANCE COMPANY is added as the real party in interest defendant for whom service of process was acknowledged and waived. It is ORDERED that The Continental Insurance Company has until April 28, 2022 to file a response to the Complaint. Signed by Judge Brenda K. Sannes on 4/21/2022. (nmk)
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| Filing 5 STIPULATION for Substitution of Parties and Time for Response by CNA Financial Corporation submitted to Judge Honorable Brenda K. Sannes,. (Attachments: #1 Proposed Order/Judgment)(Lee, Janet) |
| ***Answer due date updated for CNA Financial Corporation answer due 4/13/2022. (pjh, ) |
| TEXT NOTICE OF FILING DEFICIENCY NOTICE IS HEREBY GIVEN of the following Filing Deficiency: Attorney Lawrence Elmen's address, phone number and email address contained in the State Court Complaint do not match the NYND attorney admission records. Counsel is directed to update their information in PACER within 3 days from this notice. Notice of Filing Deficiency Deadline 4/11/2022 (pjh, ) |
| Filing 4 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by CNA Financial Corporation identifying Corporate Parent Loews Corporation for CNA Financial Corporation. (pjh, ) |
| Filing 3 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 5/9/2022 at 9:30 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 5/2/2022. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (pjh, ) |
| Filing 2 STATE COURT COMPLAINT filed by Plaintiff in Warren County Supreme Court. (pjh, ) |
| Filing 1 NOTICE OF REMOVAL from Warren County Supreme Court, case number EF2022-69850 (Filing fee $402 receipt number ANYNDC-5862846) filed by CNA Financial Corporation. (Attachments: #1 Exhibit A - State Court Complaint with Exhibits, #2 Exhibit B - State Court Complaint without Exhibits, #3 Civil Cover Sheet)(pjh, ) |
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