Zurich American Insurance Company v. Niagara Mohawk Power Corporation et al
Plaintiff: Zurich American Insurance Company
Defendant: Itron, Inc., National Grid USA Service Company, Inc., ABB Installation Products, Inc. and Niagara Mohawk Power Corporation doing business as National Grid
Cross Claimant: Niagara Mohawk Power Corporation
Case Number: 5:2021cv00374
Filed: April 1, 2021
Court: US District Court for the Northern District of New York
Presiding Judge: Andrew T Baxter
Referring Judge: Thomas J McAvoy
Nature of Suit: Prop. Damage Prod. Liability
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: Both
Docket Report

This docket was last retrieved on January 18, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 24, 2021 Opinion or Order Filing 32 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Itron, Inc.. (Keris, Matthew)
May 21, 2021 Opinion or Order Filing 31 RESPONSE in Opposition re #23 MOTION to Dismiss for Failure to State a Claim filed by Itron, Inc.. Motion returnable before Judge Thomas J. McAvoy filed by Zurich American Insurance Company. (Mullen, Mark)
May 21, 2021 Opinion or Order Filing 30 ANSWER to #28 Answer to Complaint, Crossclaim by Itron, Inc..(Keris, Matthew)
May 21, 2021 Opinion or Order Filing 29 ANSWER to #19 Answer to Complaint,, Crossclaim, by Itron, Inc..(Keris, Matthew)
May 14, 2021 Opinion or Order Filing 28 ANSWER to #1 Complaint, , CROSSCLAIM against ABB Installation Products, Inc., Itron, Inc. by Niagara Mohawk Power Corporation and answer to #19 CROSSCLAIM.(McHugh, Timothy)
May 11, 2021 Opinion or Order Filing 27 STIPULATION - CONSENT ORDER TO CHANGE PARTIES: that the summons, complaint, and all proceedings in this action are amended by substituting Niagara Mohawk Power Corporation d/b/a National Grid as defendant in this action in place of National Grid USA Service Corp. Inc.; The action will be treated as dismissed without prejudice as to defendant National Grid USA Service Corp. Inc. without costs, and judgment may be so entered; and Timothy J. McHugh, being authorized to do so, appears for defendant Niagara Mohawk Power Corporation d/b/a National Grid, so substituted, and consents to the substitution in its behalf. Signed by Senior Judge Thomas J. McAvoy on 5/11/2021. (see)
May 10, 2021 Opinion or Order Filing 26 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by National Grid USA Service Company, Inc.. (McHugh, Timothy)
May 10, 2021 Opinion or Order Filing 25 STIPULATION to substitute parties by National Grid USA Service Company, Inc. submitted to Judge McAvoy. (McHugh, Timothy)
May 5, 2021 Opinion or Order Filing 24 NOTICE of Appearance by Kateryna Stupnevich on behalf of ABB Installation Products, Inc. (Stupnevich, Kateryna)
May 3, 2021 Opinion or Order Filing 23 MOTION to Dismiss for Failure to State a Claim filed by Itron, Inc.. Motion returnable before Judge Thomas J. McAvoy Response to Motion due by 5/24/2021. Reply to Response to Motion due by 6/1/2021 (Attachments: #1 Motion to Dismiss, #2 Memorandum of Law) (Keris, Matthew)
May 3, 2021 Opinion or Order Filing 22 SUMMONS Returned Executed by Zurich American Insurance Company. Itron, Inc. served on 4/12/2021, answer due 5/3/2021. (Phelan, Robert) Modified on 5/3/2021 (see, ).
May 3, 2021 Opinion or Order Filing 21 SUMMONS Returned Executed by Zurich American Insurance Company. ABB Installation Products, Inc. served on 4/13/2021, answer due 5/4/2021. (Phelan, Robert) Modified on 5/3/2021 (see, ).
May 3, 2021 Opinion or Order Filing 20 SUMMONS Returned Executed by Zurich American Insurance Company. National Grid USA Service Company, Inc. served on 4/9/2021, answer due 5/28/2021. (Phelan, Robert)
May 3, 2021 Opinion or Order Filing 19 Defendant ABB Installation Product Inc's ANSWER to #1 Complaint, with Affirmative Defenses, CROSSCLAIM against Itron, Inc., National Grid USA Service Company, Inc. by ABB Installation Products, Inc..(Liederman, Arthur)
May 3, 2021 Opinion or Order Filing 18 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by ABB Installation Products, Inc. identifying Corporate Parent Edison Holding Corp for ABB Installation Products, Inc... (Liederman, Arthur)
May 3, 2021 Opinion or Order Filing 17 NOTICE of Appearance by Matthew P. Keris on behalf of Itron, Inc. (Keris, Matthew)
May 3, 2021 Opinion or Order Filing 16 STIPULATION AND ORDER Extending Deadline to Answer to Complaint. National Grid USA Service Company, Inc. answer due 5/28/2021. Signed by U.S. Magistrate Judge Andrew T. Baxter on 5/3/2021. (kmc)
May 3, 2021 Opinion or Order CLERK'S CORRECTION OF DOCKET ENTRY re #22 Summons Returned Executed, #21 Summons Returned Executed. Corrected the dates of service for ABB Installation Products, Inc. and Itron, Inc. The date that both summonses were received by the process server were on 4/9/2021, which is what counsel used in both summons returned executed. According to the return on the summonses, ABB Installation Products, Inc. served on 4/13/2021, so their answer is due 5/4/2021 and Itron, Inc. was served on 4/12/2021, so their answer is due 5/3/2021. Entries were edited to reflect the correct dates of service and answer deadlines. (see)
May 3, 2021 Opinion or Order ***Answer due date updated for ABB Installation Products, Inc. answer due 5/4/2021; Itron, Inc. answer due 5/3/2021. (see)
April 30, 2021 Opinion or Order Filing 15 TEXT ORDER: Granting #12 Motion for Limited Admission Pro Hac Vice for Kateryna Stupnevich. 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 4/30/2021. (kmc)
April 30, 2021 Opinion or Order Filing 14 NOTICE of Appearance by Timothy J. McHugh on behalf of National Grid USA Service Company, Inc. (McHugh, Timothy)
April 30, 2021 Opinion or Order Filing 13 STIPULATION to Extend Time to Answer by National Grid USA Service Company, Inc. submitted to Judge Thomas McAvoy. (McHugh, Timothy)
April 27, 2021 Opinion or Order Filing 12 MOTION for Limited Admission Pro Hac Vice of Kateryna Stupnevich Filing fee $100, receipt number ANYNDC-5506461. (Attachments: #1 Declaration Declaration of Sponsor, #2 Petition for Admission, #3 Attorney E-Filing Registration, #4 Kateryna Stupnevich Certificate of Good Standing) Motions referred to Andrew T. Baxter. (Liederman, Arthur)
April 27, 2021 Opinion or Order Filing 11 NOTICE of Appearance by Arthur J. Liederman on behalf of ABB Installation Products, Inc. (Liederman, Arthur)
April 22, 2021 Opinion or Order Filing 10 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Zurich American Insurance Company identifying Corporate Parent Zurich Insurance Group Ltd. for Zurich American Insurance Company.. (Phelan, Robert)
April 20, 2021 Opinion or Order Filing 9 NOTICE of Appearance by Mark T. Mullen on behalf of Zurich American Insurance Company (Mullen, Mark)
April 16, 2021 Opinion or Order Filing 8 TEXT ORDER: Granting #5 Motion for Limited Admission Pro Hac Vice for Mark T. Miullen. 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 4/16/2021. (kmc)
April 14, 2021 Opinion or Order Filing 7 Supplemental Admission documents re: #5 Motion for Limited Admission Pro Hac Vice,. (Phelan, Robert)
April 14, 2021 Opinion or Order Filing 5 MOTION for Limited Admission Pro Hac Vice of Mark T. Miullen Filing fee $100, receipt number ANYNDC-5492491. (Attachments: #1 Declaration of Sponsor, #2 Petition ofr Admission, #3 Attorney E-Filing Registration Form, #4 Certificate of Good Standing) Motions referred to Andrew T. Baxter. (Phelan, Robert)
April 14, 2021 Opinion or Order Notice of Filing Deficiency re: #5 Motion for Limited Admission Pro Hac Vice of Mark T. Mullen. Pursuant to LR 83.1(d), the sponsor and/or applicant MUST provide the following required documents: a signed and dated Declaration of Sponsor 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, )
April 13, 2021 Opinion or Order Filing 6 RESPONSE TO #4 Notice of Admission Requirement filed by Mark Mullen, Esq for Zurich American Insurance Company. (see)
April 2, 2021 Opinion or Order Filing 4 NOTICE of Admission Requirement as to Party plaintiff; Attorney Mark T. Mullen, Email address is mmullen@cozen.com. Phone number is (215) 665-2011. Admissions due by 4/16/2021. {Emailed to attorney on 4/2/2021 along with a copy of GO25}(see)
April 2, 2021 Opinion or Order Filing 3 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 7/1/2021 at 10:00 AM by telephone 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 6/24/2021. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (see)
April 1, 2021 Opinion or Order Filing 2 Summonses Issued as to ABB Installation Products, Inc., Itron, Inc., and National Grid USA Service Company, Inc. (Attachments: #1 Summons for Itron, Inc., #2 Summons for ABB Installation Products, Inc.)(see)
April 1, 2021 Opinion or Order Filing 1 COMPLAINT WITH JURY DEMAND against ABB Installation Products, Inc., Itron, Inc., and National Grid USA Service Company, Inc. (Filing fee $402 receipt number ANYNDC-5479156) filed by Zurich American Insurance Company. (Attachments: #1 Civil Cover Sheet)(see)

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Defendant: Itron, Inc.
Represented By: Matthew P. Keris
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Defendant: National Grid USA Service Company, Inc.
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Defendant: ABB Installation Products, Inc.
Represented By: Arthur J. Liederman
Represented By: Kateryna Stupnevich
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Defendant: Niagara Mohawk Power Corporation doing business as National Grid
Represented By: Timothy J. McHugh
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Plaintiff: Zurich American Insurance Company
Represented By: Robert W. Phelan
Represented By: Mark T. Mullen
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Cross claimant: Niagara Mohawk Power Corporation
Represented By: Timothy J. McHugh
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