Procopio v. Liberty Mutual Insurance Company
Plaintiff: Roberta Procopio
Defendant: Liberty Mutual Insurance Company
Case Number: 5:2019cv01047
Filed: August 23, 2019
Court: US District Court for the Northern District of New York
Presiding Judge: Andrew T Baxter
Referring Judge: Thomas J McAvoy
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. ยง 1332 Diversity-Insurance Contract
Jury Demanded By: None
Docket Report

This docket was last retrieved on October 21, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 21, 2019 Filing 12 STIPULATION SELECTING MEDIATOR: IT IS HEREBY STIPULATED AND AGREED that Julian B. Modesti has been selected, contacted and has agreed to serve as Mediator for this action. IT IS FURTHER STIPULATED AND AGREED, that counsel will participate in the mediation session in good faith and confer with the Mediator regarding the scheduling of additional conferences, bearing in mind the deadline for completion of Mediation set forth in the Court's Order Referring the Case to Mediation. Stipulation signed by: Kelsey Shannon and Jonathan Schapp. Dated: 10/9/2019(Shannon, Kelsey)
September 24, 2019 Opinion or Order Filing 11 ORDER REFERRING CASE to Mandatory Mediation. Deadline for Mediator Selection is 10/22/2019. Deadline for completion of Mandatory Mediation is 1/20/2020. Signed by U.S. Magistrate Judge Andrew T. Baxter on 9/24/2019. (nmk)
September 24, 2019 Filing 10 UNIFORM PRETRIAL SCHEDULING ORDER: Deadline for the joinder of parties and the amendment of pleadings is 11/22/2019. Discovery cutoff is 4/1/2020 (plaintiff's expert disclosures due by 1/2/2020; defendant's expert disclosures due by 2/17/2020; and any rebuttal disclosures are due by 3/2/2020). Substantive motions to be filed by 5/29/2020. Anticipated length of trial: 3 days. Preferred Trial Location: Syracuse. Signed by U.S. Magistrate Judge Andrew T. Baxter on 9/24/2019. (nmk)
September 24, 2019 TEXT NOTICE of Hearing: A telephonic Status Conference is set for 1/28/2020 at 10:30 AM before US Magistrate Judge Andrew T. Baxter. Defense counsel is directed to initiate the call and contact chambers at 315-234-8600 when all participants are on the conference line. (nmk)
September 24, 2019 TEXT Minute Entry for telephonic Rule 16 conference held on 9/24/2019 before U.S. Magistrate Judge Andrew T. Baxter: The court explained the Mandatory Mediation Program to counsel. Mandatory disclosures have been exchanged. Pretrial deadlines were established. A scheduling order will be issued on behalf of District Judge McAvoy. A telephonic status conference is set for 1/28/2020 at 10:30 AM. Appearances: Kelsey Shannon, Esq. for plaintiff; Ashlyn Capote, Esq. for defendant. Time: 10:30 AM - 10:37 AM. (nmk)
September 17, 2019 TEXT NOTICE of Hearing: Due to a change in the court's calendar, the telephonic Rule 16 Conference set for 9/23/2019 is RESCHEDULED to 9/24/2019 at 10:30 AM before U.S. Magistrate Judge Andrew T. Baxter. Plaintiff's counsel is reminded to initiate the call and contact chambers at 315-234-8600 when all participants are on the conference line. (nmk)
September 16, 2019 Filing 9 CIVIL CASE MANAGEMENT PLAN by Roberta Procopio. (Shannon, Kelsey)
September 13, 2019 Filing 8 ANSWER to Complaint by Liberty Mutual Insurance Company.(Schapp, Jonathan)
August 30, 2019 Filing 7 TEXT ORDER: approving the #6 Stipulation. Plaintiff's first cause of action for declaratory relief and all claims for consequential damages are dismissed without prejudice. The time for defendant Liberty Mutual Insurance Company to answer or otherwise respond to the complaint is extended to 9/13/2019. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 8/30/2019. (nmk)
August 29, 2019 Filing 6 STIPULATION dismissing Plaintiff's first cause of action for declaratory relief, all claims for consequential damages, and extending time to respond to Complaint by Liberty Mutual Insurance Company submitted to Judge Andrew T. Baxter. (Schapp, Jonathan)
August 26, 2019 Filing 5 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Liberty Mutual Insurance Company identifying Corporate Parent Liberty Mutual Group Inc., Corporate Parent Liberty Mutual Insurance Company, Corporate Parent Liberty Mutual Holding Company, Corporate Parent LMHC Massachusetts Holding Inc. for Liberty Mutual Insurance Company.. (Schapp, Jonathan)
August 26, 2019 Filing 4 CERTIFICATE OF SERVICE by Liberty Mutual Insurance Company re #1 Notice of Removal, (Schapp, Jonathan)
August 23, 2019 Filing 3 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 9/23/2019 10:00 AM before US Magistrate Judge Andrew T. Baxter. All conferences will be conducted by telephone unless the parties are specifically directed to appear. Counsel for the plaintiff is directed to coordinate the initial conference call. Once all parties are on the conference line, Judge Baxter's chambers can be reached at 315-234-8600. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 9/16/2019. (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)
August 23, 2019 Filing 2 State Court Records filed by Liberty Mutual Insurance Company. (dpk)
August 23, 2019 Filing 1 NOTICE OF REMOVAL from NYS Supreme Court - County of Onondaga, case number 006551/2019 (Filing fee $400 receipt number ANYNDC-4848009) filed by Liberty Mutual Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Civil Cover Sheet) (dpk)
August 23, 2019 ***Answer due date updated for Liberty Mutual Insurance Company answer due 8/30/2019. (dpk)

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Plaintiff: Roberta Procopio
Represented By: Kelsey W. Shannon
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Defendant: Liberty Mutual Insurance Company
Represented By: Jonathan Schapp
Represented By: Ashlyn M. Capote
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