Tawadros v. Allstate Vehicle and Property Insurance Company
| Nancy Tawadros |
| Allstate Vehicle and Property Insurance Company |
| 5:2018cv01002 |
| August 21, 2018 |
| US District Court for the Northern District of New York |
| Therese Wiley Dancks |
| Gary L Sharpe |
| Insurance |
| 28 U.S.C. ยง 1332 Diversity-Insurance Contract |
| Plaintiff |
Docket Report
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Filing 13
TEXT ONLY ORDER - Pending is plaintiff Nancy Tawadros' motion to remand. (Dkt. No. 5.) For the reasons articulated in defendant Allstate Vehicle and Property Insurance Company's response, (Dkt. No. 10)-specifically, that removal was timely as measured from the date that Allstate's agent-in-fact, C T Corporation System, actually received a copy of the pleadings from the statutory agent, New York State Department of Financial Services-the motion to remand, (Dkt. No. 5), is DENIED. IT IS SO ORDERED. Issued by Senior Judge Gary L. Sharpe on 10/4/2018. (jel, )
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Filing 12
ORDER REFERRING CASE to Mandatory Mediation. Deadline for Mediator Selection is 10/29/2018. Deadline for completion of Mandatory Mediation is 11/30/2018. Signed by Magistrate Judge Therese Wiley Dancks on 10/1/2018. (sg )
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Filing 11
UNIFORM PRETRIAL SCHEDULING ORDER: Joinder of Parties due by 11/30/2018. Amended Pleadings due by 11/30/2018. Mandatory Mediation deadline 11/30/2018. Plaintiff expert disclosure due 1/30/2019. Defendant expert disclosure due 3/18/2019. Rebuttal due 4/1/2019. Discovery due by 4/30/2019. Discovery Motions due 5/7/2019. Dispositive Motions to be filed by 6/10/2019. Jury Trial to be held in Albany NY. Signed by Magistrate Judge Therese Wiley Dancks on 10/1/2018. (sg)
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| TEXT NOTICE of telephone Conference: A Telephone Status Conference has been set for 12/3/2018 at 10:00 AM before Magistrate Judge Therese Wiley Dancks. Defendant counsel is directed to initiate the call and to contact Chambers at (315) 234-8618 (the dedicated conference line) once all counsel are on the line. (sg) |
| TEXT Minute Entry for proceedings held before Magistrate Judge Therese Wiley Dancks: Telephone Initial Pretrial Conference held on 9/21/2018. APPEARANCES: Martin Lynn, Esq. for Plaintiff; Daniel Fleming, Esq. for Defendant. Court reviews Civil Case Management Plan. Should protective order become necessary, a stipulated protective order shall be submitted to the Court for approval by 10/31/2018. If the parties are unable to stipulate, then each party is to submit their own proposed protective order by 10/31/2018 with a cover letter outlining to the Court where their orders differ. Case referred into the Mandatory Mediation Program. Pretrial deadlines are established. A scheduling order and mediation referral order will be issued.(sg) (Digitally Recorded)) |
| Filing 10 RESPONSE in Opposition re #5 First MOTION to Remand filed by Allstate Vehicle and Property Insurance Company. (Attachments: #1 Declaration, #2 Exhibit(s) CT Corp, #3 Exhibit(s) TPM Estimate, #4 Certificate of Service)(Fleming, Daniel) |
| Filing 9 CIVIL CASE MANAGEMENT PLAN by Allstate Vehicle and Property Insurance Company. (Fleming, Daniel) |
| Filing 8 DEMAND for Trial by Jury by Nancy Tawadros. (Lynn, Martin) |
| Filing 7 ANSWER to Complaint by Allstate Vehicle and Property Insurance Company. (Attachments: #1 Certificate of Service)(Fleming, Daniel) |
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Filing 6
Text Only Order - On August 21, 2018, defendant filed a notice of removal (Dkt. No. 1.) On August 23, 2018, plaintiff filed a motion to remand. (Dkt. No. 5.) Defendant's response papers to plaintiff's motion to remand are to be filed on or before September 17, 2018. Within the motion to remand, plaintiff requests an opportunity to file a reply pursuant to LR 7.1(b). Plaintiff's request is denied with leave to renew. Motion hearing is scheduled for October 4, 2018 at 9:00 a.m. on SUBMIT only. No personal appearances are needed. IT IS SO ORDERED. Issued by Senior Judge Gary L. Sharpe on 8/23/2018. (jel, )
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| Filing 5 First MOTION to Remand filed by Nancy Tawadros. (Attachments: #1 Memorandum of Law) (Lynn, Martin) |
| Filing 4 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Allstate Vehicle and Property Insurance Company identifying Corporate Parent Allstate Insurance Company, Corporate Parent Allstate Insurance Holdings, LLC, Corporate Parent The Allstate Corporation for Allstate Vehicle and Property Insurance Company.. (jdp, ) |
| Filing 3 G.O. 25 FILING ORDER ISSUED: Rule 16 Initial Conference set for 9/21/2018 at 11:00 AM by telephone before Magistrate Judge Therese Wiley Dancks. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 9/14/2018. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (jdp, ) |
| Filing 2 STATE COURT COMPLAINT filed by Nancy Tawadros. (jdp, ) |
| Filing 1 NOTICE OF REMOVAL from Onondaga County Supreme Court, case number 006542/2018 (Filing fee $400 receipt number 4485351) filed by Allstate Vehicle and Property Insurance Company. (Attachments: #1 Exhibit(s), #2 Proof of Service, #3 Civil Cover Sheet)(jdp, ) (Main Document 1 replaced on 8/21/2018) (jdp, ). (Main Document 1 replaced on 8/21/2018) (jdp, ). (Main Document 1 replaced on 8/22/2018) (jdp, ). |
| ***Answer due date for Allstate Vehicle and Property Insurance Company answer due 8/28/2018. (jdp, ) |
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| Plaintiff: Nancy Tawadros | |
| Represented By: | Martin A. Lynn |
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| Defendant: Allstate Vehicle and Property Insurance Company | |
| Represented By: | Daniel C. Fleming |
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