Spagnola v. Great Northern Insurance Company

Justia Dockets & Filings Second Circuit New York Southern District Spagnola v. Great Northern Insurance Company

Spagnola v. Great Northern Insurance Company

Case Number:	1:2006cv09960
Filed:	October 19, 2006
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
Presiding Judge:	Harold Baer
Presiding Judge:	Frank Maas
Nature of Suit:	Insurance
Cause of Action:	28 U.S.C. § 1441 Notice of Removal
Jury Demanded By:	Plaintiff

Follow case documents by RSS

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed	Document Text
November 22, 2011	Filing 153 OPINION & ORDER: Notwithstanding the foregoing, because Wal-Mart has no effect on any of the other elements of Rule 23 applicable here and for the reasons set forth in my January 7, 2010 Opinion & Order, plaintiffs cannot satisfy the elements of adeq uacy of representation, predominance, and superiority. Spagnola, 264 F.R.D. at 91-99. Therefore, I hold that defendants' motion to deny class certification is again granted. Unless the plaintiffs appeal this order pursuant to Rule 23(f), both outstanding motions will be presumed renewed and the pretrial scheduling order originally entered into will be reviewed and the parties will be notified if another pretrial conference is necessary. (Signed by Judge Harold Baer on 11/22/2011) (djc)
January 7, 2010	Filing 106 OPINION & ORDER re: #98438 77 MOTION to Deny Class Certification, 88 MOTION to Strike, 83 MOTION to Dismiss. For the reasons set forth in this Opinion & Order, Defendants' Motion to Dismiss is granted in part and denied in part, Plaintiffs ' Motion to Strike is denied and Defendants' Motion to Deny Class Certification is granted. The parties shall proceed with discovery on the merits of Plaintiffs' individual claims for breach of contract against Great Northern and the C hubb Corporation forthwith in accordance with the Pretrial Scheduling Order entered in this matter on November 4, 2009. As discussed herein, Chubb's potential liability in this case is limited to allegations of Great Northern's apparent aut hority to act on its behalf, and any discovery as to Chubb's conduct going forward should be limited accordingly. Thus, there shall be no discovery relating to the issuance of Masterpiece homeowners' policies by any other insurance subsidia ry, or relating to Plaintiffs now-rejected theory of alter-ego liability. The Clerk of this Court is instructed to remove the Individual Defendants and FIC from the caption of these actions, and to close these motions on my docket (Spagnola Docket Nos. 77, 83 and 88; Berstein Docket Nos. 13 and 22). Federal Insurance Company terminated. (Signed by Judge Harold Baer on 1/7/2010) (tro) Modified on 1/7/2010 (tro). Modified on 1/8/2010 (ajc).

Date Filed

Document Text

November 22, 2011

Filing 153 OPINION & ORDER: Notwithstanding the foregoing, because Wal-Mart has no effect on any of the other elements of Rule 23 applicable here and for the reasons set forth in my January 7, 2010 Opinion & Order, plaintiffs cannot satisfy the elements of adeq uacy of representation, predominance, and superiority. Spagnola, 264 F.R.D. at 91-99. Therefore, I hold that defendants' motion to deny class certification is again granted. Unless the plaintiffs appeal this order pursuant to Rule 23(f), both outstanding motions will be presumed renewed and the pretrial scheduling order originally entered into will be reviewed and the parties will be notified if another pretrial conference is necessary. (Signed by Judge Harold Baer on 11/22/2011) (djc)

January 7, 2010

Filing 106 OPINION & ORDER re: #98438 77 MOTION to Deny Class Certification, 88 MOTION to Strike, 83 MOTION to Dismiss. For the reasons set forth in this Opinion & Order, Defendants' Motion to Dismiss is granted in part and denied in part, Plaintiffs ' Motion to Strike is denied and Defendants' Motion to Deny Class Certification is granted. The parties shall proceed with discovery on the merits of Plaintiffs' individual claims for breach of contract against Great Northern and the C hubb Corporation forthwith in accordance with the Pretrial Scheduling Order entered in this matter on November 4, 2009. As discussed herein, Chubb's potential liability in this case is limited to allegations of Great Northern's apparent aut hority to act on its behalf, and any discovery as to Chubb's conduct going forward should be limited accordingly. Thus, there shall be no discovery relating to the issuance of Masterpiece homeowners' policies by any other insurance subsidia ry, or relating to Plaintiffs now-rejected theory of alter-ego liability. The Clerk of this Court is instructed to remove the Individual Defendants and FIC from the caption of these actions, and to close these motions on my docket (Spagnola Docket Nos. 77, 83 and 88; Berstein Docket Nos. 13 and 22). Federal Insurance Company terminated. (Signed by Judge Harold Baer on 1/7/2010) (tro) Modified on 1/7/2010 (tro). Modified on 1/8/2010 (ajc).

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System

Search for this case: Spagnola v. Great Northern Insurance Company
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Web	[ Unicourt \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?