Fireman's Fund Insurance Company v. Gerri Kielhofner, AIA et al
| Fireman's Fund Insurance Company |
| Kevin Hughes Construction, Inc. and Gerri Kielhofner, AIA |
| Metallo Automatic Sprinkler Company, Inc. |
| 5:2019cv01500 |
| December 4, 2019 |
| US District Court for the Northern District of New York |
| Andrew T Baxter |
| Mae A D'Agostino |
| Personal Property: Other |
| 28 U.S.C. § 1332 Diversity-Property Damage |
| Both |
Docket Report
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This docket was last retrieved on January 21, 2020. A more recent docket listing may be available from PACER.
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| TEXT Minute Entry for Telephone Conference held on 1/21/2020 before U.S. District Judge Mae A. D'Agostino: Appearances by Mark Opalisky, Esq. for the Plaintiff; Michael Byrne, Esq. for defendant Kielhofner; Matthew Lenahan, Esq. for defendant Hughes; and Robert Cahalan, Esq. for defendant Metallo; Judge D'Agostino addresses counsel regarding the pre-motion letter; Counsel for the Plaintiff seeks leave to amend the complaint and leave for pre-motion discovery; Counsel for the plaintiff and counsel for defendant Kielhofner address the Court. Judge D'Agostino will permit plaintiff's request to amend the complaint, but denies the request for pre-motion discovery; The plaintiff's amended complaint shall be filed on or before 2/4/20; Defendants answers or motions to the amended complaint, shall be filed within 14 days of the filing of the amended complaint. Judge D'Agsotino granted defendants request for leave to file a motion to dismiss, if necessary, after the plaintiff files it's amended complaint. (Court Reporter Theresa Casal, CRD Britney Norton [Time 10:00 a.m. - 10:12 a.m.]) (ban) |
| Filing 20 ANSWER to #11 Answer to Complaint, Crossclaim , CROSSCLAIM against Kevin Hughes Construction, Inc. by Metallo Automatic Sprinkler Company, Inc.. (Attachments: #1 Affidavit Certificate of Service)(Cahalan, Robert) |
| Filing 19 MOTION for Leave to File Motion to Dismiss filed by Gerri Kielhofner, AIA. Motions referred to Andrew T. Baxter. (Byrne, Michael) |
| Filing 18 TEXT ORDER: granting #13 Motion for Limited Admission Pro Hac Vice. Attorney Mark Opalisky is hereby admitted to practice in this action on behalf of Fireman's Fund Insurance Company. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Counsel is reminded that, once the above is accomplished, a NOTICE OF APPEARANCE MUST FILED IN THIS ACTION or you will not receive electronic notifications in the case. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 1/14/2020. (nmk) |
| CLERK'S CORRECTION OF DOCKET ENTRY: The Clerk modified the #15 docket event to show that it's a Notice of Appearance by Michael J. Byrne, Esq., on behalf of Gerri Kielhofner, AIA not a Complaint event. Counsel is advised that he will need to request a refund for the $400.00 filing fee that was processed because the wrong event was selected. The instructions for how to get a refund can be found on the Court's website at www.nynd.uscourts.gov, then click on the Attorney Information tab and then click on Biennial Registration and scroll down to the section titled Refund of Fee for a link to a pdf image of the policy. (jmb) |
| Filing 17 TEXT ORDER: On 1/11/2020, plaintiff filed proof of service asserting that the summons and complaint were served upon the defendant Gerri Kielhofner on 12/18/2019. The time for defendant to file an answer or otherwise move has expired. Pursuant to Local Rule 55.1, plaintiff may request a clerk's entry of default or, in the alternative, plaintiff is directed to file a status report by 1/21/2020. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 1/13/2020. (nmk) |
| Filing 16 AFFIDAVIT of Service for Summons and Complaint served on Gerri Kielhofner on 12/18/2019, filed by Fireman's Fund Insurance Company. (Goris, Mark) |
| Filing 15 Notice of Appearance for Gerri Kielhofner, AIA not a Complaint (Filing fee $400 receipt number ANYNDC-4996610) filed by Gerri Kielhofner, AIA.(Byrne, Michael) Modified on 1/14/2020 to note that the pdf image attached is a Notice of Appearance not a Complaint. The Clerk modified the event wording to reflect that. Counsel will need to request a refund for the $400.00 filing fee that was paid because the complaint docket event was selected in error. (jmb) |
| Filing 14 Supplemental Admission documents re: #13 Motion for Limited Admission Pro Hac Vice,. (Goris, Mark) |
| Filing 13 MOTION for Limited Admission Pro Hac Vice of Mark Opalisky Filing fee $100, receipt number ANYNDC-4994578. filed by Fireman's Fund Insurance Company. (Attachments: #1 Exhibit(s), #2 Exhibit(s), #3 Exhibit(s), #4 Exhibit(s), #5 Exhibit(s), #6 Exhibit(s)) Motions referred to Andrew T. Baxter. (Goris, Mark) |
| Filing 12 Pre-Motion Letter by Gerri Kielhofner, AIA requesting a pre-motion conference submitted to Judge D'Agostino. MAD Pre-Motion Response Deadline 1/13/2020 (ban) |
| Notice of Filing Deficiency re: #13 Motion for Limited Admission Pro Hac Vice of Mark E. Opalisky. Pursuant to LR 83.1(d), the sponsor and/or applicant MUST provide the following required documents: a revised Attorney Registration Form listing the electronic mailing address of the applicant; The corrected documents should be electronically filed with the Court by selecting the 'Supplemental Admission documents' event, which is found under the 'Other Documents' menu. Once all requirements under LR 83.1(d) have been met, the motion will be forwarded to the assigned Magistrate Judge for consideration. (tad, ) |
| Filing 11 ANSWER to #1 Complaint, , CROSSCLAIM against Gerri Kielhofner, AIA, Metallo Automatic Sprinkler Company, Inc. by Kevin Hughes Construction, Inc.. (Attachments: #1 Exhibit(s) Agreement)(Lenahan, Matthew) |
| ***Answer due date updated for Kevin Hughes Construction, Inc. answer due 1/3/2020. (ban) |
| Filing 10 AFFIDAVIT of Service for Summons and Complaint served on Jessica Smith, Metallo Manager on 12/11/2019, filed by Fireman's Fund Insurance Company. (Goris, Mark) |
| Filing 9 AFFIDAVIT of Service for Summons and Complaint served on Alicia Williams, Hughes Office Manager on 12/13/2019, filed by Fireman's Fund Insurance Company. (Goris, Mark) |
| Filing 8 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Metallo Automatic Sprinkler Company, Inc.. (Attachments: #1 certificate of service)(Hulslander, Kevin) |
| Filing 7 ANSWER to #1 Complaint, , CROSSCLAIM against Gerri Kielhofner, AIA, Kevin Hughes Construction, Inc. by Metallo Automatic Sprinkler Company, Inc.. (Attachments: #1 certificate of service)(Hulslander, Kevin) |
| Filing 6 NOTICE OF ADMISSION REQUIREMENT: as to Party Plaintiff; Attorney Mark E. Opalisky, Esq., Email address is mopalisky@cozen.com. Phone number is 215-665-2729. Admissions due by 12/19/2019. {Copy mailed to attorney Opalisky on 12/5/2019 by Albany Clerk's Office} (jmb) |
| Filing 5 TEXT-ONLY NOTICE REGARDING JUDGE D'AGOSTINO CASE DISPOSITION PILOT - Please refer to the Individual Rules and Practices of the Hon. Mae A. D'Agostino, U.S. District Judge, for guidance regarding the Case Disposition Pilot. http://www.nynd.uscourts.gov/sites/nynd/files/DAgostino_03142016.pdf. (jmb) |
| Filing 4 G.O. 25 FILING ORDER ISSUED: Initial Rule 16 Telephone Conference set for 3/5/2020 at 10:00 AM before US Magistrate Judge Andrew T. Baxter. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 2/27/2020. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (jmb) |
| Filing 3 Summons Issued as to Gerri Kielhofner, AIA. (Attachments: #1 Summons issued for Kevin Hughes Construction, Inc., #2 Summons Issued for Metallo Automatic Sprinkler Company, Inc.) (jmb) |
| Filing 2 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT: by Fireman's Fund Insurance Company identifying Corporate Parents Allianz Global Risks US Insurance Company; Allianz of America, Inc.; and Allianz Societas Europaea for Fireman's Fund Insurance Company. (jmb) |
| Filing 1 COMPLAINT WITH JURY DEMAND: against Gerri Kielhofner, AIA, Kevin Hughes Construction, Inc., and Metallo Automatic Sprinkler Company, Inc. (Filing fee $400 receipt number ANYNDC-4961411) filed by Fireman's Fund Insurance Company. (Attachments: #1 Civil Cover Sheet) {Clerk notes that the filing Attorney advised that Onondaga County is the proper County for assignment} (jmb) |
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