Stuckey v. National Union Fire Insurance Company of Pittsburgh, PA
| James Stuckey |
| National Union Fire Insurance Company of Pittsburgh, PA |
| 1:2015cv06639 |
| August 21, 2015 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Colleen McMahon |
| Insurance |
| 28 U.S.C. § 1332 Diversity Action |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 16, 2016. A more recent docket listing may be available from PACER.
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| Filing 50 MEMO ENDORSEMENT on re: #49 Letter filed by James Stuckey. ENDORSEMENT: Dismiss this action with prejudice. Mark the motion at Docket #35 off the Court's list of open motions. Close case. Many thanks. (Signed by Judge Colleen McMahon on 6/16/2016) (mro) |
| Terminate Transcript Deadlines (mro) |
| Filing 49 LETTER addressed to Judge Colleen McMahon from Florence M. Beauboeuf dated June 15, 2016 re: Stuckey v. National Union Fire Insurance Company of Pittsburgh, PA. Document filed by James Stuckey.(Beauboeuf, Florence) |
Filing 48
ORDER TO SHOW CAUSE WHY ACTION SHOULD NOT BE DISMISSED WITH PREJUDICE: Presently pending is a motion made by plaintiff to dismiss this action without prejudice pursuant to Fed. R. Civ. P. 41(a)(2). Defendant opposes the motion insofar as it seeks dismissal without prejudice. Defendant argues, in a letter dated May 26, 2016, that National Union has fulfilled it indemnity obligations to plaintiff under the policy, so dismissal should be with prejudice. Plaintiff has not responded to this letter. I gather that the underlying action has been resolved, though I have no details. Plaintiff is ordered to show cause why this motion should not be converted to a motion to dismiss with prejudice, on the ground that National Union has complied with its obligation to indemnify under the policy in suit. Plaintiff must explain why there is something left to this case by June 15, 2016. If the court does not have a response to this order to show cause by 5 PM on that date, I will convert the motion and dismiss the action with prejudice. (As further set forth in this Order.) Show Cause Response due by 6/15/2016. (Signed by Judge Colleen McMahon on 6/7/2016) (kgo)
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| Filing 47 LETTER addressed to Judge Colleen McMahon from Alexander S. Lorenzo dated May 26, 2016 re: Defendant has Fulfilled its Indemnity Obligation to Plainff in Connection with the Resolution of the Underlying Action. Document filed by National Union Fire Insurance Company of Pittsburgh, PA.(Lorenzo, Alexander) |
| Filing 46 RESPONSE in Support of Motion re: #38 MOTION to Dismiss Action Voluntarily Without Prejudice. . Document filed by James Stuckey. (Beauboeuf, Florence) |
| Filing 45 SEALED DOCUMENT placed in vault.(mps) |
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Filing 44
ORDER granting #43 Motion to Seal Document. OK - file under seal. (Signed by Judge Colleen McMahon on 3/18/2016) (kgo)
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| Filing 43 LETTER MOTION to Seal Document #42 Declaration in Opposition to Motion, #41 Memorandum of Law in Opposition to Motion addressed to Judge Colleen McMahon from Alexander S. Lorenzo dated March 17, 2016. Document filed by National Union Fire Insurance Company of Pittsburgh, PA.(Lorenzo, Alexander) |
| Filing 42 DECLARATION of Alexander S. Lorenzo in Opposition re: #38 MOTION to Dismiss Action Voluntarily Without Prejudice.. Document filed by National Union Fire Insurance Company of Pittsburgh, PA. (Attachments: #1 Exhibit A (Redacted), #2 Exhibit B)(Lorenzo, Alexander) |
| Filing 41 MEMORANDUM OF LAW in Opposition re: #38 MOTION to Dismiss Action Voluntarily Without Prejudice. (Redacted). Document filed by National Union Fire Insurance Company of Pittsburgh, PA. (Lorenzo, Alexander) |
| Filing 40 MEMORANDUM OF LAW in Support re: #38 MOTION to Dismiss Action Voluntarily Without Prejudice. . Document filed by James Stuckey. (Crossman, John) |
| Filing 39 DECLARATION of Florence M. Beauboeuf in Support re: #38 MOTION to Dismiss Action Voluntarily Without Prejudice.. Document filed by James Stuckey. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Crossman, John) |
| Filing 38 MOTION to Dismiss Action Voluntarily Without Prejudice. Document filed by James Stuckey.(Crossman, John) |
| Filing 37 FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Support re: #35 MOTION to Dismiss . Dismiss Action Voluntarily Without Prejudice. Document filed by James Stuckey. (Crossman, John) Modified on 3/4/2016 (db). |
| Filing 36 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Florence M. Beauboeuf in Support re: #35 MOTION to Dismiss . Document filed by James Stuckey. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Crossman, John) Modified on 3/4/2016 (db). |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney John Kolsin Crossman to RE-FILE Document #35 MOTION to Dismiss . ERROR(S): Supporting documents must be filed separately, each receiving their own document number. Declaration in Support of Motion and Memorandum of Law in Support of Motion are both found under the event list Replies, Opposition and Supporting Documents. (ldi) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney John Kolsin Crossman to RE-FILE Document #37 Memorandum of Law in Support of Motion, #36 Declaration in Support of Motion. ERROR(S): Document(s) Linked to Filing Error. ***REMINDER*** - First refile Motion, then file and link any supporting documents. (db) |
| Filing 35 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Dismiss . Document filed by James Stuckey. (Attachments: #1 Memo of Law, #2 Affidavit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(Crossman, John) Modified on 3/4/2016 (ldi). |
| Filing 34 MEMO ENDORSEMENT on re: #32 Letter filed by National Union Fire Insurance Company of Pittsburgh, PA. ENDORSEMENT: Since there is no stipulation, there needs to be a motion. I do not do letter briefs on motions to dismiss. (Signed by Judge Colleen McMahon on 3/02/2016) (ama) |
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Filing 33
MEMO ENDORSEMENT on re: #31 Letter filed by James Stuckey. ENDORSEMENT: Why don't you simply stipulate to dismissal without prejudice? I need to hear from defendant before I would sign your order - you can stipulate under Rule 41(a)(1)(ii) (Signed by Judge Colleen McMahon on 3/1/2016) (kgo)
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| Filing 32 LETTER addressed to Judge Colleen McMahon from Alexander S. Lorenzo dated March 1, 2016 re: Response to the Letter Plaintiff Filed on February 29, 2016 Seeking an Order Dismissing the Action Without Prejudice (Docket No.31). Document filed by National Union Fire Insurance Company of Pittsburgh, PA.(Lorenzo, Alexander) |
| Filing 31 LETTER addressed to Judge Colleen McMahon from Florence Beauboeuf dated 02/29/2016 re: Voluntary Dismissal without Prejudice. Document filed by James Stuckey. (Attachments: #1 Text of Proposed Order Order)(Beauboeuf, Florence) |
| Minute Entry for proceedings held before Magistrate Judge Frank Maas: Telephone Conference held on 2/9/2016. (mo) |
| Filing 30 MEMO ENDORSEMENT on re: #29 Letter filed by James Stuckey. ENDORSEMENT: The telephone conference is adjourned to 2/9/16 at 9:30 a.m. If the case is not settled by then, counsel shall be ready for trial on March 7, 2016, or such later date as Judge McMahon may set. ( Ready for Trial by 3/7/2016.), ( Telephone Conference set for 2/9/2016 at 09:30 AM before Judge Colleen McMahon.) (Signed by Magistrate Judge Frank Maas on 1/19/2016) (kgo) |
| Filing 29 LETTER addressed to Magistrate Judge Frank Maas from John K. Crossman dated January 19, 2016 re: Conference Scheduled for 01/20/2016 11:00 AM. Document filed by James Stuckey.(Crossman, John) |
| Filing 28 NOTICE OF CONFERENCE: A telephone conference in the above referenced matter has been scheduled for January 20, 2016, at 11 a.m. Counsel for the Plaintiff should initiate that call by calling Chambers at 212-805-6727. Telephone Conference set for 1/20/2016 at 11:00 AM before Magistrate Judge Frank Maas. (lmb) |
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Filing 27
ORDER: 1. The Clerk of the Court shall place under seal the document previously filed by Plaintiff as Exhibit A to ECF No. 24 (ECF No. 24-1). 2. The Clerk of the Court shall substitute the redacted document annexed as Exhibit A to this Order for the above-referenced document. 3. A further telephone conference shall be held on December 1, 2015, at 9:30 a.m. Counsel for the Plaintiff should initiate that conference by calling Chambers at (212) 805-6727. Any requests for adjournment must be made to the Court, in writing, at least 48 hours prior to the conference. 4. The trial date previously scheduled for December 7, 2015 is adjourned sine die., ( Telephone Conference set for 12/1/2015 at 09:30 AM before Magistrate Judge Frank Maas.) (Signed by Magistrate Judge Frank Maas on 11/10/2015) (lmb)
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| Minute Entry for proceedings held before Magistrate Judge Frank Maas: Telephone Conference held on 11/10/2015. (mo) |
| Transmission to Sealed Records Clerk. Transmitted re: #27 Order, Set Hearings, Terminate Hearings, to the Sealed Records Clerk for the sealing or unsealing of document or case. (lmb) |
| Filing 26 NOTICE OF CONFERENCE: A telephone conference in the above referenced matter has been scheduled for Tuesday, November 10, 2015, at 3 p.m. Counsel for the Plaintiff should initiate that call by calling Chambers at 212-805-6727. Telephone Conference set for 11/10/2015 at 03:00 PM before Magistrate Judge Frank Maas. (lmb) |
| Filing 25 LETTER addressed to Judge Colleen McMahon from John K. Crossman dated November 9, 2015 re: Order of Reference to a Magistrate Judge. Document filed by James Stuckey.(Crossman, John) |
| Filing 24 LETTER addressed to Magistrate Judge Frank Maas from John K Crossman dated November 9, 2015 re: Discovery Dispute. Document filed by James Stuckey. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Crossman, John) |
| Filing 23 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 9/15/15 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Siwik, Christine) |
| Filing 22 TRANSCRIPT of Proceedings re: Conference held on 9/15/2015 before Judge Colleen McMahon. Court Reporter/Transcriber: Steven Greenblum, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/9/2015. Redacted Transcript Deadline set for 11/19/2015. Release of Transcript Restriction set for 1/16/2016.(Siwik, Christine) |
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Filing 21
MEMORANDUM DECISION AND ORDER DENYING PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION: For the foregoing reasons herein, Plaintiff's motion for preliminary injunction is denied. The Clerk of the Court is directed to terminate the motion and remove it from the Court's list of pending motions. (As further set forth in this Order.) (Signed by Judge Colleen McMahon on 9/17/2015) (kgo)
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| Filing 20 ENDORSED LETTER addressed to All Counsel in James Stuckey v. National Union Fire Insurance Company of Pittsburgh, Pa. from Judge Colleen McMahon dated 9/18/2015 re: Preliminary Injunction Decision. ENDORSEMENT: The opinion at Docket #20 was an unfinished draft uploaded in error. Please ignore it. A final opinion will be issued shortly. (Signed by Judge Colleen McMahon on 9/18/2015) (kgo) |
| ***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney Florence Marie Beauboeuf for noncompliance with Section 14.2 of the S.D.N.Y. Electronic Case Filing Rules & Instructions. E-MAIL the PDF for Document #2 Civil Cover Sheet, #1 Complaint to: caseopenings@nysd.uscourts.gov. (laq) |
| ***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney Florence Marie Beauboeuf for noncompliance with Section 14.2 of the S.D.N.Y. Electronic Case Filing Rules & Instructions. E-MAIL the PDF for Document 5 Memorandum of Law, #4 Declaration, #3 Declaration to: caseopenings@nysd.uscourts.gov. (laq) |
| Set/Reset Hearings: Trial set for 12/7/2015 at 9:30 AM in Courtroom 17C, 500 Pearl Street, New York, NY 10007 before Judge Colleen McMahon. (mde) |
| Minute Entry for proceedings held before Judge Colleen McMahon: Show Cause Hearing held on 9/15/2015. Decision: Preliminary injunction hearing held. Trial scheduled for Dec. 7, 2015. See transcript for details. Submitted By: Jacob D. Charles. (Court Reporter Steven Greenblum). (mde) |
| Filing 19 ANSWER to #1 Complaint. Document filed by National Union Fire Insurance Company of Pittsburgh, PA.(Lorenzo, Alexander) |
| Filing 18 DECLARATION of John Crossman in Support re: #17 Reply Memorandum of Law in Support., REPLY AFFIDAVIT of John Crossman in Support. Document filed by James Stuckey. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6)(Beauboeuf, Florence) |
| Filing 17 REPLY MEMORANDUM OF LAW in Support . Document filed by James Stuckey. (Beauboeuf, Florence) |
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Filing 16
ORDER TO SHOW CAUSE: It is hereby: ORDERED, that the above-named defendant, National Union Fire Insurance Company of Pittsburgh, Pa., shall show cause before the Honorable Colleen McMahon on September 15, 2015 at 10:00 a.m. in Room 17C of the United States Courthouse, 500 Pearl Street, New York, New York, or as soon thereafter as counsel may beheard, why an order should not be entered: Preliminarily and permanently enjoining National Union Fire Insurance Company of Pittsburgh, Pa ("National Union") to reimburse Stuckey within ten (10) days for those unreimbursed defense costs (defined to include disbursements and attorney's fees) incurred by Stuckey through July 31, 2015 in defending the lawsuit pending in the New York State Supreme Court styled Bonadio v. NYU and James Stuckey, Index No. 100792/12 (the "Underlying Action") in the amount of $490,399.99 (the "Unreimbursed Invoices"); and the following as further set forth herein. Sufficient reason appearing therefor, it is ORDERED, that service of this Order by delivery of a copy of this Order, together with the papers upon which it is based, upon Michael Hayward, AIG Property Casualty, 175 Water Street, 5th Floor, New York, NY 10038 by Federal Express overnight delivery shall be deemed sufficient service. (As further set forth in this Order.) Show Cause Hearing set for 9/15/2015 at 10:00 AM in Courtroom 17C, 500 Pearl Street, New York, NY 10007 before Judge Colleen McMahon. (Signed by Judge Katherine Polk Failla Part I on 8/21/2015) (kgo)
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Filing 15
ORDER granting #14 Letter Motion for Leave to File Excess Pages. Granted. (Signed by Judge Colleen McMahon on 9/10/2015) (kgo)
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| Filing 14 LETTER MOTION for Leave to File Excess Pages in reply brief in further support of Motion for Preliminary Injunction addressed to Judge Colleen McMahon from Florence M. Beauboeuf dated September 9, 2015. Document filed by James Stuckey.(Beauboeuf, Florence) |
| Filing 13 NOTICE OF APPEARANCE by Joseph Gerard Tully on behalf of National Union Fire Insurance Company of Pittsburgh, PA. (Tully, Joseph) |
| Filing 12 DECLARATION of Alexander S. Lorenzo in Opposition. Document filed by National Union Fire Insurance Company of Pittsburgh, PA. (Attachments: #1 Exhibit A)(Lorenzo, Alexander) |
| Filing 11 MEMORANDUM OF LAW in Opposition to Plaintiff's Motion for Preliminary Injunction. Document filed by National Union Fire Insurance Company of Pittsburgh, PA. (Lorenzo, Alexander) |
| Filing 10 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent American International Group, Inc., Other Affiliate AIUH LLC, Other Affiliate AIG Property Casualty U.S., Inc., Other Affiliate AIG Property Casualty Inc. for National Union Fire Insurance Company of Pittsburgh, PA. Document filed by National Union Fire Insurance Company of Pittsburgh, PA.(Lorenzo, Alexander) |
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Filing 9
ORDER granting #8 Letter Motion for Extension of Time. Granted. (Signed by Judge Colleen McMahon on 8/28/2015) (kgo)
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| Filing 8 LETTER MOTION for Extension of Time addressed to Judge Colleen McMahon from Alexander S. Lorenzo dated August 28, 2015. Document filed by National Union Fire Insurance Company of Pittsburgh, PA.(Lorenzo, Alexander) |
| Filing 7 NOTICE OF APPEARANCE by Alexander Seton Lorenzo on behalf of National Union Fire Insurance Company of Pittsburgh, PA. (Lorenzo, Alexander) |
| Set/Reset Deadlines: Responses due by 9/4/2015 Replies due by 9/11/2015. (kgo) |
| Filing 6 AFFIDAVIT OF SERVICE of Summons and Complaint. National Union Fire Insurance Company of Pittsburgh, PA served on 8/24/2015, answer due 9/14/2015. Service was accepted by Scott Pegram. Document filed by James Stuckey. (Beauboeuf, Florence) |
| Filing 5 MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION. Document filed by James Stuckey. (laq) |
| Filing 4 DECLARATION pursuant to Local Rule 6.1 (d) of Florence M. Beauboeuf. Document filed by James Stuckey. (laq) (laq). |
| Filing 3 DECLARATION of James Stuckey. Document filed by James Stuckey. (laq) (laq). |
| Filing 2 CIVIL COVER SHEET filed. (laq) (laq). |
| Filing 1 COMPLAINT against National Union Fire Insurance Company of Pittsburgh, PA. (Filing Fee $ 400.00, Receipt Number 1132921)Document filed by James Stuckey.(laq) (laq). (Additional attachment(s) added on 2/17/2016: #1 Exhibit part 1, #2 Exhibit part 2, #3 Exhibit part 3, #4 Exhibit part 4, #5 Exhibit part 5, #6 Exhibit part 6, #7 Exhibit part 7, #8 Exhibit part 8, #9 Exhibit part 9, #10 Exhibit part 10, #11 Exhibit part 11, #12 Exhibit part 12, #13 Exhibit part 13, #14 Exhibit part 14, #15 Exhibit part 15, #16 Exhibit part 16) (laq). |
| SUMMONS ISSUED as to National Union Fire Insurance Company of Pittsburgh, PA. (laq) |
| Case Designated ECF. (laq) |
| Magistrate Judge Ronald L. Ellis is so designated. (laq) Modified on 11/10/2015 (laq). |
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