Spataro v. Liberty Mutual Insurance Company et al
Plaintiff: Barbara Spataro
Defendant: Liberty Mutual Insurance Company and LM General Insurance Company
Case Number: 6:2022cv00003
Filed: January 3, 2022
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 February 11, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 11, 2022 Filing 16 TEXT ORDER: The Rule 16 conference set for 2/22/2022 and 2/15/2022 deadline for the submission of a joint Civil Case Management Plan and exchange of Mandatory Disclosures are ADJOURNED WITHOUT DATE. The hearing and related deadlines will be reset, if deemed necessary, after disposition of the #15 motion to remand. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 2/11/2022. (kmc)
February 11, 2022 Filing 15 MOTION to Remand to State Court filed by Barbara Spataro. Motion returnable before Judge Thomas J. McAvoy Response to Motion due by 3/4/2022. Reply to Response to Motion due by 3/11/2022 (Attachments: #1 Memorandum of Law, #2 Declaration) (Cardillo, Chris)
February 4, 2022 Filing 14 TEXT ORDER: The answer deadline remains STAYED. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 2/4/2022. (kmc)
February 4, 2022 TEXT Minute Entry for a telephonic conference held on 2/4/2022 before U.S. Magistrate Judge Andrew T. Baxter: Plaintiff's counsel advise he will be filing a motion for remand. The court advises the parties that the motion for remand will be heard before Judge McAvoy. The answer deadline remains stayed and will be reset 20 days after the disposition of the motion for remand, as reflected in the accompanying text order. Appearances: Chris Cardillo, Esq. for plaintiff; and Marshall Potashner, Esq. for defendants. Time: 1:30 PM - 1:35 PM. (kmc)
January 25, 2022 TEXT NOTICE of Hearing: A telephonic conference is set for 2/4/2022 at 1:30 PM before U.S. Magistrate Judge Andrew T. Baxter. The parties are directed to dial 1-877-873-8017 and enter access code 3362194 to connect to the conference. (kmc)
January 24, 2022 Filing 13 TEXT ORDER: The answer deadline remains STAYED. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 1/24/2022. (kmc)
January 24, 2022 Filing 12 Letter Motion from Christopher Cardillo for Barbara Spataro requesting Adjourn Telephone Conference submitted to Judge Baxter . (Cardillo, Chris)
January 24, 2022 TEXT Minute Entry for a telephone conference held on 1/24/2022 before U.S. Magistrate Judge Andrew T. Baxter: Plaintiff's counsel filed #12 Letter Motion requesting for an adjournment of the telephone conference. The court will circulate new dates and times to the parties to reschedule the telephone conference. Defendant's answer deadline remains stayed. Appearances: Marshall Potashner, Esq. for defendants. (Court Reporter: Eileen McDonough. Time: 10:30 AM - 10:34 AM.)(kmc)
January 19, 2022 Filing 11 TEXT ORDER: The answer deadline is STAYED pending the 1/24/2022 telephone conference. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 1/19/2022. (kmc)
January 19, 2022 Filing 10 LETTER BRIEF Responsive to Defendants Motion Papers by Barbara Spataro. (Cardillo, Chris)
January 18, 2022 Filing 9 LETTER MOTION for Extension of Time to File Answer and Response to Remand Issue filed by LM General Insurance Company, Liberty Mutual Insurance Company. (Potashner, Marshall) Modified on 1/19/2022 to notate that this is a letter motion. (kmc)
January 18, 2022 TEXT NOTICE of Hearing: A telephonic conference is set for 1/24/2022 at 10:30 AM before U.S. Magistrate Judge Andrew T. Baxter. The parties are directed to dial 1-877-873-8017 and enter access code 3362194 to connect to the conference. (kmc)
January 14, 2022 Filing 8 Letter Motion from Chris Cardillo, Esq. for Barbara Spataro requesting Conf and/or motion to remand submitted to Judge Andrew T. Baxter . (Cardillo, Chris)
January 6, 2022 Filing 7 TEXT ORDER: Granting #6 Letter Request for an extension of time. LM General Insurance Company answer due 2/4/2022; Liberty Mutual Insurance Company answer due 2/4/2022. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 1/6/2022. (kmc)
January 5, 2022 Filing 6 Letter Motion from Marshall T. Potashner for LM General Insurance Company, Liberty Mutual Insurance Company requesting Extension of Time to Respond To Verified Complaint submitted to Judge Hon. Andrew T. Baxter, U.S. Magistrate Judge . (Potashner, Marshall)
January 4, 2022 Filing 5 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by LM General Insurance Company, Liberty Mutual Insurance Company identifying Corporate Parent Liberty Mutual Group Inc., Corporate Parent Liberty Mutual Holding Company Inc., Corporate Parent LMHC Massachusetts Holdings Inc. for LM General Insurance Company, Liberty Mutual Insurance Company.. (Potashner, Marshall) (Clerk replaced the Main Document of #5 with a corrected version that displays the complete case number in the title on 1/5/2022). Modified on 1/5/2022 (map).
January 4, 2022 ***Answer due date updated for LM General Insurance Company answer due 1/10/2022; Liberty Mutual Insurance Company answer due 1/10/2022. (map)
January 3, 2022 Filing 4 G.O. 25 FILING ORDER ISSUED: Initial Rule 16 Conference by Telephone set for 2/22/2022 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 2/15/2022. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (map)
January 3, 2022 Filing 3 NOTICE OF ADMISSION REQUIREMENT as to Attorney for Plaintiff Chris Cardillo, Esq. Email address is: 39 West 14th Street Suite 501 New York, New York 10011. Phone number is: 646-398-5025. Admissions due by 1/18/2022. [Clerk served Notice of Attorney Admission Requirement via email at chris@ccardillo.com on 01/03/2022](map)
January 3, 2022 Filing 2 STATE COURT COMPLAINT AND SUMMONS filed by Plaintiff(s) in the Supreme Court of the State of New York: County of Otsego. (map)
January 3, 2022 Filing 1 NOTICE OF REMOVAL from State of New York Supreme Court: County of Otsego, case number EF2021-833 (Filing fee $402 receipt number ANYNDC-5758292) filed by LM General Insurance Company, Liberty Mutual Insurance Company. (Attachments: #1 Exhibit 1: State of New York County of Otsego - Verified Complaint & Summons, #2 Civil Cover Sheet)(map)

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Plaintiff: Barbara Spataro
Represented By: Chris Cardillo
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Defendant: Liberty Mutual Insurance Company
Represented By: Marshall T. Potashner
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Defendant: LM General Insurance Company
Represented By: Marshall T. Potashner
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