Tantillo v. Arbitration Forums, Incorporated et al
| Salvatore Tantillo |
| Arbitration Forums, Incorporated, PURE Insurance, Susan Lynch, Frank and Son Autobody Limited Company, Complete Claims Services and Brandon D. Smith |
| 3:2023cv01447 |
| November 17, 2023 |
| US District Court for the Northern District of New York |
| Miroslav Lovric |
| Thomas J McAvoy |
| Insurance |
| 28 U.S.C. § 1331 Fed. Question: Insurance Contract |
| Plaintiff |
Docket Report
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| Filing 27 TEXT ORDER: In reviewing the docket, (1) it shows that Defendant Frank & Son Autobody Limited Company and Defendant Complete Claims Services have not appeared in this case, (2) that although Plaintiff mailed a courtesy copy of only the summons to some but not all Defendants, Plaintiff has failed to complete proper service upon Defendants pursuant to Fed. R. Civ. P. Rule 4 and has failed to properly serve the complaint and G.O. 25 on any Defendant, and (3) Plaintiff has failed to file on the docket proper affidavits of service demonstrating that Defendants have been properly served with summons, complaint, and G.O. 25 pursuant to Fed. R. Civ. P. Rule 4. Plaintiff is advised that Plaintiff is responsible for serving the summons, complaint, and General Order 25 on all Defendants, and doing so in accordance with Fed. R. Civ. P. Rule 4. Thereafter, Plaintiff must also file an affidavit of service with the Court after having completed proper service on each Defendant. See, Fed. R. Civ. P. Rule 4. Plaintiff is directed to serve on each Defendant by 1/26/2024 the summons, complaint, and General Order 25, in compliance with and pursuant to Fed. R. Civ. P. 4. Mailing a courtesy copy of the summons to a Defendant is not proper service. See Fed. R. Civ. P. Rule 4. Plaintiff shall file an affidavit of service with the Court no later than 1/26/2024 demonstrating proper service as to each Defendant. A deadline for Defendants to file a response to the complaint will be set after Plaintiff files an affidavit of service that complies with Fed. R. Civ. P. 4. Plaintiff is cautioned that, pursuant to General Order 25, "[s]ervice of process should be completed within [s]ixty" days of filing of complaint and, pursuant to Fed. R. Civ. P. 4(m), "[i]f a defendant is not served within 90 days after the complaint is filed, the court... must dismiss the action without prejudice." Plaintiff is cautioned that failure to serve the summons, complaint, and General Order 25 on the Defendants, properly and per the procedures of Fed. R. Civ. P. 4, may result in dismissal of the action for failure to prosecute. SO ORDERED by U.S. Magistrate Judge Miroslav Lovric on 1/12/2024. (copy of Text Order served on pro se Plaintiff via regular mail) (jdc ) |
Filing 26
TEXT ORDER granting Plaintiff's #24 Letter requesting extension of time to respond to the pending motions. Plaintiff's Response to Motion due by 2/2/2024. Defendants' Reply to Response to Motion due by 2/9/2024. Authorized by Senior Judge Thomas J. McAvoy on 1/11/2024. (Copy served upon Pltf via regular mail)(amt)
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| Filing 25 NOTICE by Susan Lynch, PURE Insurance re #24 Letter Motion for Salvatore Tantillo requesting extension of time to respond to Motion to Dismiss Letter to Court with no objection to application (Bernheimer, Jason) |
| Filing 24 Letter Request/Motion from Salvatore Tantillo requesting extension of time to respond to Motion to Dismiss. (khr) |
| Filing 23 CERTIFICATE OF SERVICE by Brandon D. Smith (Attachments: #1 So Ordered Stipulation)(Mead, Erin) |
| Filing 22 CERTIFICATE OF SERVICE by Brandon D. Smith (Attachments: #1 Stipulation)(Mead, Erin) |
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Filing 21
STIPULATION AND ORDER of Discontinuance as to Defendant Brandon D. Smith. Signed by Senior Judge Thomas J. McAvoy on 1/11/2024. (amt) [copy served upon Pltf via reg. mail]
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| Filing 20 STIPULATION of Dismissal by Brandon D. Smith submitted to Judge McAvoy. (Mead, Erin) |
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Filing 19
TEXT ORDER granting Plaintiff's #17 Letter requesting an Extension of Time to Respond to the #7 MOTION to Dismiss for Failure to State a Claim filed by Arbitration Forums, Incorporated. Response to Motion due by 1/16/2024. Reply to Response to Motion due by 1/23/2024. Authorized by Senior Judge Thomas J. McAvoy on 1/2/2024. (Copy served upon Pltf via regular mail)(amt)
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| Filing 18 NOTICE TO PRO SE PLAINTIFF: Response to #14 Motion to Dismiss for Lack of Subject Matter Jurisdiction and failure to state a claim is due by January 12, 2024. (khr)(Mailed copy to pro se plaintiff on 12/27/2023) |
| Filing 17 Letter Motion filed by Salvatore Tantillo, Pro Se requesting an Extension of Time to Respond, submitted to Judge Thomas J. McAvoy. (Attachments: #1 Mailing Envelope)(jmb) |
| Filing 16 TEXT ORDER: Letter Motion #12 is GRANTED insofar as and to the extent that Defendant Smith is directed to respond to the complaint by 1/16/2024. SO ORDERED by U.S. Magistrate Judge Miroslav Lovric on 12/26/2023. (Copy served upon Pltf via regular mail)(amt) |
| TEXT ORDER: In light of the filing of Motions to Dismiss #7 , #14 , the Rule 16 Initial Conference scheduled for 3/6/2024 before Magistrate Judge Miroslav Lovric, and the filing of the Civil Case Management Plan and exchange of Mandatory Disclosures, are all STAYED without date. SO ORDERED by U.S. Magistrate Judge Miroslav Lovric on 12/26/2023. (Copy served upon Pltf via regular mail)(amt) |
| Filing 15 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by PURE Insurance identifying Corporate Parent Tokio Marine Holdings, Inc. for PURE Insurance.. (Bernheimer, Jason) |
| Filing 14 MOTION to Dismiss for Lack of Subject Matter Jurisdiction and failure to state a claim filed by Susan Lynch, PURE Insurance. Motion returnable before Judge Hon. Thomas J. McAvoy. Response to Motion due by 1/12/2024. Reply to Response to Motion due by 1/19/2024. (Attachments: #1 Affirmation in Support, #2 Exhibit A - Police Report, #3 Exhibit B - Repair Estimate, #4 Exhibit C - State Farm Denial Letter, #5 Exhibit D - Arb Forums Case Summary, #6 Exhibit E - State Farm Payment, #7 Exhibit F - PURE Domicile, #8 Affidavit of Susan Lynch, #9 Affidavit of Nitash Bansal, #10 Memorandum of Law, #11 Proof of Service) (Bernheimer, Jason) |
| Filing 13 CERTIFICATE OF SERVICE by Brandon D. Smith of Notice of appearance served on plaintiff (Mead, Erin) |
| Filing 12 Letter Motion from Erin Mead for Brandon D. Smith requesting extension of time to respond to complaint submitted to Judge Lovric . (Mead, Erin) |
| Filing 11 CERTIFICATE OF SERVICE by Salvatore Tantillo re #4 G.O. 25 Filing Order, #2 Summons Issued, #1 Complaint, (khr) |
| Filing 10 NOTICE OF APPEARANCE by Erin P. Mead on behalf of Brandon D. Smith (Mead, Erin) |
| ***Answer due date updated for Arbitration Forums, Incorporated answer due 12/23/2023; Frank and Son Autobody Limited Company answer due 12/18/2023; PURE Insurance answer due 12/23/2023; Brandon D. Smith answer due 12/13/2023. (khr) |
| CLERK'S CORRECTION OF DOCKET ENTRY re #7 Motion to Dismiss for Failure to State a Claim, Motion to Dismiss/Lack of Subject Matter Jurisdiction. The Motion to Dismiss is returnable before the Hon. Thomas J. McAvoy. (khr) |
| Filing 9 NOTICE to pro se plaintiff. Response to #7 MOTION to Dismiss for Failure to State a Claim is due by December 29, 2023. (khr)(Mailed copy of notice to pro se plaintiff on 12/8/2023) |
| Filing 8 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Arbitration Forums, Incorporated. (Jablonski, John) |
| Filing 7 MOTION to Dismiss for Failure to State a Claim filed by Arbitration Forums, Incorporated. Motion returnable before Judge Hon. Thomas J. McAvoy, MOTION to Dismiss for Lack of Subject Matter Jurisdiction filed by Arbitration Forums, Incorporated. Motion returnable before Judge Hon. Thomas J. McAvoy Response to Motion due by 12/29/2023. Reply to Response to Motion due by 1/5/2024 (Attachments: #1 Declaration of Timothy McKernan, #2 Exhibit(s) A to Timothy McKernan Declaration, #3 Memorandum of Law, #4 Certificate of Service) (Johnson, David) Modified on 12/11/2023 (khr). |
| Filing 6 NOTICE OF APPEARANCE by David Johnson on behalf of Arbitration Forums, Incorporated (Johnson, David) |
| Filing 5 NOTICE OF APPEARANCE by John J. Jablonski on behalf of Arbitration Forums, Incorporated (Jablonski, John) |
| Copies of document nos. #1 Complaint, #2 Summonses Issued, and #4 GO25 provided to pltf at the Binghamton Remote kiosk on 11/17/2023. (see) |
| Filing 4 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 3/6/2024 01:30 PM in Binghamton before Magistrate Judge Miroslav Lovric. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 2/28/2024. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (khr) |
| Filing 3 PRO SE HANDBOOK and NOTICE issued and explained at time complaint was filed on 11/17/2023. (khr)(Provided a copy of the notice, pro se handbook and local rules to pro se plaintiff on 11/17/2023). |
| Filing 2 Summons Issued as to Brandon D. Smith. (Attachments: #1 Summons issued as to Complete Claims Service, #2 Summons issued as to Frank and Son Autobody Limited Company, #3 Summons issued as to Susan Lynch, #4 Summons issued as to Arbitration Forums Incorporated, #5 Summons issued as to PURE Insurance)(khr) |
| Filing 1 COMPLAINT WITH JURY DEMAND against Arbitration Forums, Incorporated, Complete Claims Services, Frank and Son Autobody Limited Company, Susan Lynch, PURE Insurance, Brandon D. Smith (Filing fee $402 receipt number 279F4NPK) filed by Salvatore Tantillo. (Attachments: #1 Civil Cover Sheet)(khr) |
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