The Phoenix Insurance Company v. Cincinnati Insurance Company et al
Plaintiff: The Phoenix Insurance Company
Cross Claimant: Cincinnati Insurance Company
Cross Defendant: Main Street America Assurance Company
Case Number: 5:2023cv00749
Filed: June 19, 2023
Court: US District Court for the Northern District of New York
Presiding Judge: Therese Wiley Dancks
Referring Judge: Brenda K Sannes
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. ยง 1332 Diversity-Insurance Contract
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on August 17, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 17, 2023 Filing 22 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Cincinnati Insurance Company identifying Corporate Parent Cincinnati Financial Corporation for Cincinnati Insurance Company.. (Leavy, Patrick)
August 17, 2023 Filing 21 The Cincinnati Insurance Company's ANSWER to #1 Complaint , CROSSCLAIM against Main Street America Assurance Company by Cincinnati Insurance Company.(Leavy, Patrick)
August 10, 2023 Filing 20 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Main Street America Assurance Company identifying Corporate Parent AMFAM, Inc. for Main Street America Assurance Company.. (Gerber, Daniel)
August 1, 2023 Filing 19 NOTICE OF APPEARANCE by Laurie A. Vahey on behalf of Cincinnati Insurance Company (Vahey, Laurie)
August 1, 2023 Filing 18 NOTICE OF APPEARANCE by Kelly E. Petter on behalf of Main Street America Assurance Company (Petter, Kelly)
July 31, 2023 Filing 17 STATUS REPORT Status update letter by The Phoenix Insurance Company. (Premisler, Andrew)
July 31, 2023 Opinion or Order Filing 16 TEXT ORDER: Court reviewed #15 Stipulation filed for extension of time for defendant Cincinnati Insurance Company to respond to the complaint which is granted although no reason is provided to the Court. Any further requests for extensions of deadlines must be supported by a good cause reason even if the parties stipulate. Cincinnati Insurance Company answer due 8/17/2023. The Rule 16 Conference and associated deadlines remain as previously set. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 7/31/2023. (sg)
July 28, 2023 Filing 15 STIPULATION Regarding Time to Respond by Cincinnati Insurance Company submitted to Judge Sannes. (Leavy, Patrick)
July 28, 2023 Filing 14 NOTICE OF APPEARANCE by Patrick D. Leavy on behalf of Cincinnati Insurance Company (Leavy, Patrick)
July 28, 2023 TEXT NOTICE OF FILING DEFICIENCY as to Main Street America Assurance Company regarding the #13 Notice of Appearance NOTICE IS HEREBY GIVEN of the following Filing Deficiency: Attorney address contained in the document does not match the NYND attorney admission records for Attorney Petter. Counsel is directed to update their information in PACER within 3 days from this notice. Notice of Filing Deficiency Deadline 8/2/2023 (hmr)
July 27, 2023 Filing 13 NOTICE OF APPEARANCE by Kelly E. Petter on behalf of Main Street America Assurance Company (Petter, Kelly)
July 27, 2023 Opinion or Order Filing 12 TEXT ORDER: Court has reviewed the docket and finds that the time for defendant Cincinnati Insurance Company to respond to the complaint passed on 7/17/2023, with no answer filed or appearance made on its behalf. Plaintiff to file status report by 7/31/2023 re: any communication plaintiff has had with this defendant and whether plaintiff intends to request Clerk's Entry of Default. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 7/27/2023. (sg)
July 25, 2023 Filing 11 AFFIDAVIT of Service for AOS served on Main Street America Assurance Company on June 28, 2023, filed by The Phoenix Insurance Company. (Premisler, Andrew)
July 24, 2023 Filing 10 ANSWER to #1 Complaint by Main Street America Assurance Company.(Gerber, Daniel)
July 24, 2023 Filing 9 NOTICE OF APPEARANCE by Daniel W. Gerber on behalf of Main Street America Assurance Company (Gerber, Daniel)
July 5, 2023 Filing 8 AMENDED AFFIDAVIT of Service for Summons, Complaint, Civil Cover Sheet, Rule 7.1 Statement, Jury Demand, Filing Order Amended AOS re: doc#6 served on Cincinnati Insurance Company and Main Street America Assurance Company on 06/23/23, filed by The Phoenix Insurance Company. (Premisler, Andrew) Modified on 7/5/2023 (mgh, ).
July 5, 2023 Filing 7 AFFIDAVIT of Service for Summons, Complaint, Civil Cover Sheet, Rule 7.1 Statement, Jury Demand served on Cincinnati Insurance Company on 06/26/23, filed by The Phoenix Insurance Company. (Premisler, Andrew)
July 5, 2023 Filing 6 AFFIDAVIT of Service for AOS served on Cincinnati Insurance Company and Main Street America Assurance Company on June 23, 2023, filed by The Phoenix Insurance Company. (Premisler, Andrew)
July 5, 2023 ***Answer due date updated for Cincinnati Insurance Company answer due 7/17/2023; Main Street America Assurance Company answer due 7/14/2023. (mgh)
June 21, 2023 Filing 5 DEMAND for Trial by Jury by The Phoenix Insurance Company. (Premisler, Andrew)
June 21, 2023 Filing 4 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 9/19/2023 09:30 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 9/12/2023. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (mgh)
June 21, 2023 TEXT NOTICE OF FILING DEFICIENCY regarding the #1 Complaint NOTICE IS HEREBY GIVEN of the following Filing Deficiency: Counsel has checked off Jury Demand on the Civil Cover Sheet, but the Jury Demand is not noted in the Pleading, pursuant to Fed.R.Civ.P 38. Failure to file a Demand for Jury Trial pursuant to Fed.R.Civ.P. Rule 38 constitutes a waiver of a jury trial. Notice of Filing Deficiency Deadline 6/26/2023 (mgh)
June 20, 2023 Filing 3 Summons Issued as to Main Street America Assurance Company, The Phoenix Insurance Company. (mgh)
June 19, 2023 Filing 2 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by The Phoenix Insurance Company identifying Corporate Parent Travelers Property Casualty Corp., Corporate Parent The Travelers Indemnity Company, Corporate Parent Travelers Insurance Group Holdings, Inc., Corporate Parent The Travelers Companies, Inc. for The Phoenix Insurance Company. (mgh)
June 19, 2023 Filing 1 COMPLAINT against Cincinnati Insurance Company, Main Street America Assurance Company (Filing fee $402 receipt number ANYNDC-6339816) filed by The Phoenix Insurance Company. (Attachments: #1 Civil Cover Sheet)(mgh)

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Plaintiff: The Phoenix Insurance Company
Represented By: Andrew M. Premisler
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Cross claimant: Cincinnati Insurance Company
Represented By: Laurie A. Vahey
Represented By: Patrick D. Leavy
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Cross defendant: Main Street America Assurance Company
Represented By: Daniel W. Gerber
Represented By: Kelly E. Petter
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