PAR Technology Corporation et al v. The Travelers Companies, Inc. et al
| PAR Technology Corporation and ParTech, Inc. |
| The Travelers Companies, Inc., Travelers Property Casualty Company of America, Travelers Indemnity Company of Connecticut and The Travelers Indemnity Company |
| 6:2022cv01121 |
| October 28, 2022 |
| US District Court for the Northern District of New York |
| Andrew T Baxter |
| Gary L Sharpe |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Insurance Contract |
| None |
Docket Report
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This docket was last retrieved on December 20, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 15 TEXT ORDER granting #14 Letter Request requesting Extension of time to Respond to Complaint: The Travelers Companies, Inc. answer due 1/9/2023; The Travelers Indemnity Company answer due 1/9/2023; Travelers Indemnity Company of Connecticut answer due 1/9/2023; Travelers Property Casualty Company of America answer due 1/9/2023. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 12/20/2022. (gmd) |
| Filing 14 Letter Motion from Nicholas Constantino for The Travelers Companies, Inc., The Travelers Indemnity Company, Travelers Indemnity Company of Connecticut, Travelers Property Casualty Company of America requesting Extension of time to respond to the complaint submitted to Judge Hon. Andrew T. Baxter . (Constantino, Nicholas) |
Filing 13
ORDER REFERRING CASE to Mandatory Mediation. Deadline for Mediator Selection is 3/1/2023. Deadline for completion of Mandatory Mediation is 4/14/2023. Signed by U.S. Magistrate Judge Andrew T. Baxter on 12/12/2022. (gmd )
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| Filing 12 UNIFORM PRETRIAL SCHEDULING ORDER: Deadline for the joinder of parties and the amendment of pleadings is 3/1/2023. Discovery cutoff is 8/1/2023 (plaintiff's expert disclosures due by 5/1/2023; defendants' expert disclosures due by 6/16/2023; and any rebuttal disclosures are due by 6/30/2023). Dispositive motions are to be filed by 9/1/2023. Anticipated length of trial: 4. Preferred Trial Location: Syracuse. Signed by U.S. Magistrate Judge Andrew T. Baxter on 12/12/2022. (gmd) |
| TEXT Minute Entry for telephonic Rule 16 conference held on 12/12/2022 before U.S. Magistrate Judge Andrew T. Baxter. The parties advised that they will submit a stipulation of discontinuance regarding The Travelers Companies, Inc., which counsel agree is not an appropriate party in this action. The parties were not able to resolve their disagreement about the viability of plaintiffs cause of action based on an alleged breach of the insurers covenant of good faith and fair dealing. They anticipate early dispositive motion practice before Judge Sharpe, consisting of a motion to dismiss that claim, opposition to that motion and a possible cross-motion to amend to add a claim under New York General Business Law Section 349, which the defendants anticipate opposing as futile. The parties are prepared to proceed with discovery relevant to plaintiffs other claims while dispositive motions are pending. The parties have exchanged Mandatory Disclosures and they expect to finalize and submit for court approval a confidentiality stipulation. Pretrial deadlines were established and a scheduling order will be issued on behalf of District Judge Sharpe. The court discussed the mandatory mediation program with counsel and set related deadlines. A follow-up telephonic status conference is set for 3/28/2023 at 10:30 AM. Appearances: Kevin Martin, Esq. and William Wright, Esq. for plaintiff; Nicholas Constantino, Esq. and Keven Szczepanski, Esq. for defendants. Time 10:33a.m. 11:08a.m. (gmd) |
| NOTICE of Hearing: Telephonic Status Conference set for 3/28/2023 10:30 AM before U.S. Magistrate Judge Andrew T. Baxter. Parties are directed to dial +1 315-691-0477 and enter ID code 240 629 589 to join the conference.(gmd) |
| Filing 11 CIVIL CASE MANAGEMENT PLAN and cover letter by PAR Technology Corporation, ParTech, Inc.. (Attachments: #1 Exhibit(s) Proposed Civil Case Management Plan)(Martin, Kevin) |
| Filing 10 TEXT ORDER granting Dkt. #9 Letter Motion requesting an extension of time to answer the complaint. The Travelers Companies, Inc. answer due 12/19/2022; The Travelers Indemnity Company answer due 12/19/2022; Travelers Indemnity Company of Connecticut answer due 12/19/2022; Travelers Property Casualty Company of America answer due 12/19/2022. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 11/28/2022. (gmd) |
| Filing 9 Letter Motion from Barclay Damon, Attorneys for for The Travelers Companies, Inc., The Travelers Indemnity Company, Travelers Indemnity Company of Connecticut, Travelers Property Casualty Company of America requesting Extension of time to respond to complaint . (Constantino, Nicholas) |
| Filing 8 STATUS REPORT Letter Regarding K. Szczepanksi's NDNY Re-Admission Status by The Travelers Companies, Inc., The Travelers Indemnity Company, Travelers Indemnity Company of Connecticut, Travelers Property Casualty Company of America. (Constantino, Nicholas) |
| Filing 7 TEXT ORDER: Granting #6 Letter Request for an extension of time to answer or otherwise respond to the complaint. The Travelers Companies, Inc. answer due 12/5/2022; The Travelers Indemnity Company answer due 12/5/2022; Travelers Indemnity Company of Connecticut answer due 12/5/2022; Travelers Property Casualty Company of America answer due 12/5/2022. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 11/4/2022. (kmc) |
| Filing 6 Letter Motion from Travelers Companies, Inc. et al for The Travelers Companies, Inc., The Travelers Indemnity Company, Travelers Indemnity Company of Connecticut, Travelers Property Casualty Company of America requesting Extension of time to respond to complaint submitted to Judge Baxter . (Constantino, Nicholas) |
| Filing 5 NOTICE OF ADMISSION REQUIREMENT as to Party PAR Technology Corporation and ParTech, Inc.; Attorney William J. Wright, Jr., Esq., Email address is williamjwright@aol.com. Phone number is (908) 337-7084. Admissions due by 11/14/2022. (Served via email and regular mail)(ztc) |
| Filing 4 NOTICE OF ADMISSION REQUIREMENT as to Defendants The Travelers Companies, Inc., Travelers Property Casualty Company of America, Travelers Indemnity Company of Connecticut, The Travelers Indemnity Company; Attorney Kevin D. Szczepanski, Email address is kszczepanski@barclaydamon.com. Phone number is (315) 877-6456. Admissions due by 11/14/2022. (Served via email and regular mail)(ztc) |
| Filing 3 G.O. 25 FILING ORDER ISSUED: Initial Rule 16 Telephone Conference set for 12/12/2022 10:30 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 12/5/2022. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (ztc) |
| Filing 2 STATE COURT COMPLAINT relating to #1 Notice of Removal, filed by Plaintiffs in NYS Supreme Court, Oneida County. (ztc) |
| Filing 1 NOTICE OF REMOVAL from NYS Supreme Court, Oneida County, case number EFCA2022-001823 (Filing fee $402 receipt number ANYNDC-6083998) filed by The Travelers Indemnity Company, Travelers Property Casualty Company of America, Travelers Indemnity Company of Connecticut, The Travelers Companies, Inc. (Attachments: #1 Exhibit A-State Court Summons and Complaint, #2 Exhibit B-Service on DFS, #3 Exhibit C - State Court Notice, #4 Affidavit in Support, #5 Civil Cover Sheet)(ztc) |
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