AmTrust North America, Inc. et al v. KF&B, Inc.
| Technology Insurance Company, Inc., Wesco Insurance Company, AmTrust North America, Inc. and Wesco Insurance Company, Inc. |
| KF&B Program Managers Insurance Services, KF&B, INC. and KF&B Inc. |
| 1:2017cv05340 |
| July 14, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Gabriel W Gorenstein |
| J Paul Oetken |
| Contract: Other |
| 28 U.S.C. § 1446 bc |
| None |
Docket Report
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| Filing 75 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 7/23/19 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...(McGuirk, Kelly) |
| Filing 74 TRANSCRIPT of Proceedings re: conference held on 7/23/2019 before Judge J. Paul Oetken. Court Reporter/Transcriber: Raquel Robles, (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 9/13/2019. Redacted Transcript Deadline set for 9/23/2019. Release of Transcript Restriction set for 11/21/2019.(McGuirk, Kelly) |
Filing 73
ORDER: On July 23, 2019, the Court held a Case Management Conference, and ordered as follows: Fact Discovery due by 9/23/2019. Expert Discovery due by 11/22/2019. So ordered. (Signed by Judge J. Paul Oetken on 8/5/2019) (js)
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| Filing 72 PROPOSED SCHEDULING ORDER. Document filed by KF&B Inc.. (Zissu, Jacob) |
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Filing 71
NOTICE OF WITHDRAWAL OF COUNSEL FOR PLAINTIFFS AND ORDER: Notice is hereby given that the undersigned attorney, Matthew J. Weiser, is withdrawing from participation in this case and representation of Plaintiffs in this matter. After July 29, 2019, the undersigned will no longer be associated with the law firm Kasowitz Benson Torres LLP, representing Plaintiffs in the above-captioned matter. The undersigned requests removal from the notice list in this case and acknowledges that this will result in both paper and electronic notices being discontinued. Michael J. Bowe, Howard W. Schub, Christian T. Becker, Lauren Tabaksblat, Rachel M. Jacobson, and Jordan Beltz of Kasowitz Benson Torres LLP shall continue to represent Plaintiffs in this matter, and should continue to receive all notices on behalf of Plaintiffs. SO ORDERED. Attorney Matthew Jason Weiser terminated. (Signed by Judge J. Paul Oetken on 7/30/2019) (jca)
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| Filing 70 PROPOSED ORDER FOR WITHDRAWAL OF ATTORNEY. Document filed by AmTrust North America, Inc., Technology Insurance Company, Inc., Wesco Insurance Company, Inc.. (Weiser, Matthew) |
| Minute Entry for proceedings held before Judge J. Paul Oetken: Pretrial Conference held on 7/23/2019. Next conference scheduled for 12/6/2019 at 11:00 am. (bh) |
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Filing 69
ORDER: Due to a time conflict, the status conference previously scheduled for July 15, 2019 at 11:15 am is hereby adjourned to July 23, 2019 at 11:30am in Courtroom 706 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, NY 10007. SO ORDERED. (Status Conference set for 7/23/2019 at 11:30 AM in Courtroom 706, 40 Centre Street, New York, NY 10007 before Judge J. Paul Oetken.) (Signed by Judge J. Paul Oetken on 7/12/2019) (js)
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Filing 68
ORDER: Accordingly, plaintiffs motion to compel (and to prevent any "claw back") is granted. The materials shall be produced within five business days. The conference scheduled for today is cancelled. (Signed by Magistrate Judge Gabriel W. Gorenstein on 6/11/2019) (rch)
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| Filing 67 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Tyler Lory dated 6/6/2019 re: efiling ordered by court in doc # 66. Document filed by KF&B Inc..(Lory, Tyler) |
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Filing 66
ORDER: A conference to discuss the discovery dispute raised in the letter from plaintiffs dated May 28, 2019, will take place on Tuesday, June 11, 2019, at 4:30 p.m. in Courtroom 6-B, United States Courthouse, 500 Pearl Street, New York, New York. It is the Court's intention to decide the dispute at the conference based on the parties' letters unless a party shows good cause inadvance of the conference why formal briefing should be required. This is the only matter scheduled for this date and time. Please be sure to arrive sufficiently in advance so that the conference may begin on time. Each attorney is directed to ensure that all other attorneys are aware of the conference date and time. In addition, any requests for an adjournment must be made in compliance with paragraph 1.F of Judge Gorenstein's Individual Practices (available at: http://nysd.uscourts.gov/judge/Gorenstein). The Court notes that the letter from plaintiffs and defendant's response have not been docketed. While the Court accepts that the specific references to materials that defendants claim are purported trade secrets/proprietary information should be redacted for the moment, that principle certainly does not apply to every word of both letters. Defendants are directed to review the letters and then to arrange for the filing of a redacted version of both letters on or before June 10, 2019, with only the material that directly reveals the purported trade secrets/proprietary information redacted. SO ORDERED., ( Discovery Hearing set for 6/11/2019 at 04:30 PM in Courtroom 6B, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Gabriel W. Gorenstein.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 6/04/2019) (ama)
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Filing 65
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Specific Non-Dispositive Motion/Dispute. Plaintiffs' Motion to Compel. Referred to Magistrate Judge Gabriel W. Gorenstein. (Signed by Judge J. Paul Oetken on 5/31/2019) (ne)
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Filing 64
MEMO ENDORSEMENT on NOTICE OF WITHDRAWAL OF COUNSEL FOR PLAINTIFFS AND ORDER: re: #63 Proposed Order for Withdrawal of Attorney filed by Wesco Insurance Company, Inc., Technology Insurance Company, Inc., AmTrust North America, Inc. ENDORSEMENT: SO ORDERED., Attorney Alexander Simkin terminated. (Signed by Judge J. Paul Oetken on 5/03/2019) (ama)
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| Filing 63 PROPOSED ORDER FOR WITHDRAWAL OF ATTORNEY. Document filed by AmTrust North America, Inc., Technology Insurance Company, Inc., Wesco Insurance Company, Inc.. (Simkin, Alexander) |
| Filing 62 NOTICE OF APPEARANCE by Lauren Tabaksblat on behalf of AmTrust North America, Inc., Technology Insurance Company, Inc., Wesco Insurance Company, Inc.. (Tabaksblat, Lauren) |
| Filing 61 NOTICE OF APPEARANCE by Jordan David Beltz on behalf of AmTrust North America, Inc., Technology Insurance Company, Inc., Wesco Insurance Company, Inc.. (Beltz, Jordan) |
| Filing 60 NOTICE OF APPEARANCE by Howard W. Schub on behalf of AmTrust North America, Inc., Technology Insurance Company, Inc., Wesco Insurance Company, Inc.. (Schub, Howard) |
| Filing 59 NOTICE OF APPEARANCE by Rachel Michelle Jacobson on behalf of AmTrust North America, Inc., Technology Insurance Company, Inc., Wesco Insurance Company, Inc.. (Jacobson, Rachel) |
| Filing 58 NOTICE OF APPEARANCE by Christian Tullis Becker on behalf of AmTrust North America, Inc., Technology Insurance Company, Inc., Wesco Insurance Company, Inc.. (Becker, Christian) |
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Filing 57
ORDER re: #56 LETTER MOTION for Discovery Dispute Reply addressed to Judge J. Paul Oetken from Serena Skala dated 04/12/2019. filed by KF&B Inc., #54 LETTER MOTION for Conference /Discovery Dispute addressed to Judge J. Paul Oetken from Serena Skala dated 4/8/2019. filed by KF&B Inc. The Court hereby rules as follows: 1. The request for a conference is denied. 2. The parties' request for one final extension of the discovery deadlines is granted. All fact discovery shall be completed by June 28, 2019. All expert discovery shall be completed by September 25, 2019. 3. Defendant's request to conduct more than ten depositions is denied. Defendant's request to depose Barry Zyskind is also denied. Upon review of the parties' letters and the authorities cited therein, the Court concludes that such additional depositions are not warranted under Federal Rule of Civil Procedure 26(b)(1) & (2). 4. The status conference previously scheduled for May 20, 2019, is adjourned to July 15, 2019, at 11:15 a.m. The Clerk of Court is directed to close the motions at Docket Numbers 54 and 56. SO ORDERED. Motions terminated: #56 LETTER MOTION for Discovery Dispute Reply addressed to Judge J. Paul Oetken from Serena Skala dated 04/12/2019. filed by KF&B Inc., #54 LETTER MOTION for Conference /Discovery Dispute addressed to Judge J. Paul Oetken from Serena Skala dated 4/8/2019. filed by KF&B Inc. (Expert Discovery due by 9/25/2019., Fact Discovery due by 6/28/2019., Status Conference set for 7/15/2019 at 11:15 AM before Judge J. Paul Oetken.) (Signed by Judge J. Paul Oetken on 4/25/2019) (kv)
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| Filing 56 LETTER MOTION for Discovery Dispute Reply addressed to Judge J. Paul Oetken from Serena Skala dated 04/12/2019. Document filed by KF&B Inc.. (Attachments: #1 Exhibit A)(Lory, Tyler) |
| Filing 55 LETTER RESPONSE to Motion addressed to Judge J. Paul Oetken from Alexander B. Simkin dated April 10, 2019 re: #54 LETTER MOTION for Conference /Discovery Dispute addressed to Judge J. Paul Oetken from Serena Skala dated 4/8/2019. . Document filed by AmTrust North America, Inc., Technology Insurance Company, Inc., Wesco Insurance Company, Inc.. (Simkin, Alexander) |
| Filing 54 LETTER MOTION for Conference /Discovery Dispute addressed to Judge J. Paul Oetken from Serena Skala dated 4/8/2019. Document filed by KF&B Inc..(Lory, Tyler) |
| Filing 53 LETTER addressed to Judge J. Paul Oetken from Serena Skala dated 03/28/2019 re: request to extend discovery. Document filed by KF&B Inc..(Cesani, Serena) |
| Filing 52 NOTICE OF APPEARANCE by Jacob Royal Zissu on behalf of KF&B Inc.. (Zissu, Jacob) |
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Filing 51
MEMO ENDORSEMENT: on re: #50 Letter filed by KF&B Inc. ENDORSEMENT: Granted. The discovery deadlines are extended as stated herein. There will be no further extensions absent compelling circumstances. The previously scheduled case management conference is hereby adjourned to May 20, 2019, at 10:30 a.m. SO ORDERED., ( Deposition due by 7/25/2019., Fact Discovery due by 4/30/2019., Status Conference set for 5/20/2019 at 10:30 AM before Judge J. Paul Oetken.) (Signed by Judge J. Paul Oetken on 12/04/2018) (ama)
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| Filing 50 LETTER addressed to Judge J. Paul Oetken from Serena Skala dated December 4, 2018 re: extension of discovery. Document filed by KF&B Inc..(Lory, Tyler) |
| Filing 49 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 5/25/18 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...(McGuirk, Kelly) |
| Filing 48 TRANSCRIPT of Proceedings re: CONFERENCE held on 5/25/2018 before Judge J. Paul Oetken. Court Reporter/Transcriber: Sonya Ketter Moore, (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 8/10/2018. Redacted Transcript Deadline set for 8/20/2018. Release of Transcript Restriction set for 10/18/2018.(McGuirk, Kelly) |
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Filing 47
REVISED CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All fact discovery shall be completed by January 31, 2019; All expert discovery, including expert depositions, shall be completed no later than April 25, 2019. The conference currently scheduled for September 14, 2018, is adjourned to February 13, 2019, at 10:30 a.m. (As further set forth in this Order.) Deposition due by 4/25/2019. Fact Discovery due by 1/31/2019. Expert Discovery due by 4/25/2019. Status Conference set for 2/13/2019 at 10:30 AM before Judge J. Paul Oetken. (Signed by Judge J. Paul Oetken on 7/11/2018) (cf)
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| Filing 46 JOINT LETTER addressed to Judge J. Paul Oetken from Alexander B. Simkin dated July 10, 2018 re: the Court's direction that the Parties propose amendments to the Civil Case Management Plan and Scheduling Order. Document filed by AmTrust North America, Inc., Technology Insurance Company, Inc., Wesco Insurance Company, Inc..(Simkin, Alexander) |
| Filing 45 AMENDED ANSWER to #22 Amended Counterclaim,. Document filed by AmTrust North America, Inc., Technology Insurance Company, Inc., Wesco Insurance Company, Inc.. (Simkin, Alexander) |
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Filing 44
OPINION AND ORDER: re: #26 MOTION to Dismiss Notice of Motion to Dismiss filed by Wesco Insurance Company, Inc., Technology Insurance Company, Inc., AmTrust North America, Inc. For the foregoing reasons, AmTrust's motion to dismiss the Amended Counterclaim is DENIED. The Clerk of Court is directed to close the motion at Docket Number 26. SO ORDERED. (Signed by Judge J. Paul Oetken on 6/11/2018) (ama)
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| Minute Entry for proceedings held before Judge J. Paul Oetken: Pretrial Conference held on 5/25/2018. Document production is to be completed by 8/31/2018. The parties are to meet and confer regarding the closing date of fact discovery. (bh) |
| Filing 43 LETTER MOTION for Discovery addressed to Judge J. Paul Oetken from Alexander B. Simkin dated May 9, 2018. Document filed by Wesco Insurance Company, Inc.. (Attachments: #1 Exhibit Plaintiffs' First Set of Requests for the Production of Documents to Defendant, #2 Exhibit Plaintiffs' Second Set of Requests for the Production of Documents to Defendant, #3 Exhibit Plaintiffs' Third Set of Requests for the Production of Documents to Defendant, #4 Exhibit KF&B's Objections and Responses to Plaintiffs' Document Demands, #5 Exhibit KF&B's Responses and Objections to Plaintiffs' Second Set of Document Requests, #6 Exhibit KF&B's Objections and Responses to Plaintiffs' Third Demand for Documents, #7 Exhibit 2017.10.23 Letter from A. Simkin to T. Lory et al re KF&B's Deficiencies, #8 Exhibit 2017.11.10 Letter from S. Skala to A. Simkin re Response to Deficiency Letter, #9 Exhibit 2017.11.16 Letter from A. Simkin to S. Skala re 11.10 response and 10.23 letter, #10 Exhibit 2017.12.20 Letter from A. Simkin to S. Skala re 10.23 letter deficiencies and 11.08 letter, #11 Exhibit 2018.01.30 Letter from A. Simkin to S. Skala re open discovery items, #12 Exhibit 2018.02.07 Letter from S. Skala to A. Simkin re 12.20 and 1.30 letters, #13 Exhibit 2018.02.13 Letter from A. Simkin to S. Skala re 2.7 letter, #14 Exhibit 2018.02.23 Letter from A. Simkin to S. Skala re memorializing 2.15 call, #15 Exhibit 2018.03.14 Letter from A. Simkin to T. Lory et al re second set deficiencies, #16 Exhibit 2018.04.09 Letter from A. Simkin to T. Lory et al re third set deficiencies, #17 Exhibit 2018.04.10 Letter from S. Skala to M. Bowe re 3.14.2018 Letter, #18 Exhibit 2018.04.20 Email from S. Skala to A. Simkin et al re maintaining underwriting files, #19 Exhibit 2018.05.07 Email from M. Weiser to S. Skala et al re KF&B document production completion)(Simkin, Alexander) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Alexander Simkin to RE-FILE Document #40 LETTER MOTION to Compel KF&B Inc. to produce discovery addressed to Judge J. Paul Oetken from Alexander B. Simkin dated May 9, 2018. Use the event type Discovery found under the event list Motions. (ldi) |
| Filing 42 LETTER addressed to Judge J. Paul Oetken from Alexander B. Simkin dated May 16, 2018 re: Response to Defendant KF&B's May 9, 2018 Letter. Document filed by AmTrust North America, Inc., Technology Insurance Company, Inc., Wesco Insurance Company, Inc.. (Attachments: #1 Exhibit 2017.09.11 KF&B First Request for Production of Documents, #2 Exhibit 2018.01.09 KF&B Second Request for Production of Documents, #3 Exhibit 2017.10.18 AmTrust Responses and Objections to KF&B's Document Requests, #4 Exhibit 2018.02.16 Plaintiffs Responses and Objections to KF&B's Second Document Requests, #5 Exhibit 2017.10.20 KF&B Letter re Deficiencies in Plaintiffs' Responses & Objections, #6 Exhibit 2017.11.08 Letter from A. Simkin to S. Skala re Plaintiffs' Responses & Objections, #7 Exhibit 2017.12.20 Letter from A. Simkin to S. Skala re 10.23 letter deficiencies and 11.08 letter, #8 Exhibit 2018.03.06 Letter from S. Skala to A. Simkin re second set deficiencies, #9 Exhibit 2018.03.14 Letter from A. Simkin to T. Lory & S. Skala, #10 Exhibit 2018.02.23 Letter from A. Simkin to S. Skala re memorializing 2.15 call, #11 Exhibit MPA, #12 Exhibit Underwriting Guidelines)(Simkin, Alexander) |
| Filing 41 LETTER addressed to Judge J. Paul Oetken from Serena Skala dated 05/16/2018 re: Response to Plaintiff's letter dated 05/09/2018. Document filed by KF&B Inc..(Lory, Tyler) |
| Filing 40 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER MOTION to Compel KF&B Inc. to produce discovery addressed to Judge J. Paul Oetken from Alexander B. Simkin dated May 9, 2018. Document filed by AmTrust North America, Inc., Technology Insurance Company, Inc., Wesco Insurance Company, Inc.. (Attachments: #1 Exhibit Plaintiffs' First Set of Requests for the Production of Documents to Defendant, #2 Exhibit Plaintiffs Second Set of Requests for the Production of Documents to Defendant, #3 Exhibit Plaintiffs' Third Set of Requests for the Production of Documents to Defendant, #4 Exhibit KF&B's Objections and Responses to Plaintiff's Document Demands, #5 Exhibit KF&B's Responses and Objections to Plaintiffs' Second Set of Document Requests, #6 Exhibit KF&B's Objections and Responses to Plaintiffs' Third Demand for Documents, #7 Exhibit 2017.10.23 Letter from A. Simkin to T. Lory et al re KF&Bs Deficiencies, #8 Exhibit 2017.11.10 Letter from S. Skala to A. Simkin re Response to Deficiency Letter, #9 Exhibit 2017.11.16 Letter from A. Simkin to S. Skala re 11.10 response and 10.23 letter, #10 Exhibit 2017.12.20 Letter from A. Simkin to S. Skala re 10.23 letter deficiencies and 11.08 letter, #11 Exhibit 2018.01.30 Letter from A. Simkin to S. Skala re open discovery items, #12 Exhibit 2018.02.07 Letter from S. Skala to A. Simkin re 12.20 and 1.30 letters, #13 Exhibit 2018.02.13 Letter from A. Simkin to S. Skala re 2.7 letter, #14 Exhibit 2018.02.23 Letter from A. Simkin to S. Skala re memorializing 2.15 call, #15 Exhibit 2018.03.14 Letter from A. Simkin to T. Lory et al re second set deficiencies, #16 Exhibit 2018.04.09 Letter from A. Simkin to T. Lory et al re third set deficiencies, #17 Exhibit 2018.04.10 Letter from S. Skala to M. Bowe re 3.14.2018 Letter, #18 Exhibit 2018.04.20 Email from S. Skala to A. Simkin et al re maintaining underwriting files, #19 Exhibit 2018.05.07 Email from M. Weiser to S. Skala et al re KF&B document production completion)(Simkin, Alexander) Modified on 5/18/2018 (ldi). |
| Filing 39 LETTER addressed to Judge J. Paul Oetken from Serena Skala dated 5/9/2018 re: discovery dispute. Document filed by KF&B Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Lory, Tyler) |
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Filing 38
ORDER granting #37 Letter Motion for Local Rule 37.2 Conference. GRANTED. THE PARTIES SHALL COMPLY WITH THE AGREED-UPON SCHEDULE FOR WRITTEN SUBMISSIONS. COUNSEL ARE DIRECTED TO APPEAR FOR A CONFERENCE ON MAY 25, 2018, AT 11:00 A.M. SO ORDERED. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (Oetken, J.)
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| Filing 37 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER MOTION for Local Rule 37.2 Conference addressed to Judge J. Paul Oetken from Alexander B. Simkin dated April 20, 2018. Document filed by AmTrust North America, Inc., Technology Insurance Company, Inc., Wesco Insurance Company, Inc..(Simkin, Alexander) Modified on 5/2/2018 (db). |
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Filing 36
ORDER granting #35 Letter Motion for Extension of Time to Complete Discovery; granting #35 Letter Motion to Adjourn Conference. GRANTED. ALL FACT DISCOVERY SHALL BE COMPLETED BY AUGUST 31, 2018, AND ALL EXPERT DISCOVERY SHALL BE COMPLETED BY NOVEMBER 5, 2018. THE CONFERENCE CURRENTLY SCHEDULED FOR FEBRUARY 2, 2018, IS ADJOURNED TO SEPTEMBER 14, 2018, AT 10:30 A.M. SO ORDERED. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (Oetken, J.)
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| Filing 35 LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge J. Paul Oetken from Serena A. Skala dated December 28, 2017., LETTER MOTION to Adjourn Conference addressed to Judge J. Paul Oetken from Serena A. Skala dated December 28, 2017. Document filed by KF&B Inc..(Cesani, Serena) |
| Filing 34 REPLY MEMORANDUM OF LAW in Support re: #26 MOTION to Dismiss / Notice of Motion to Dismiss. /Amtrust's Reply Memorandum Of Law In Further Support Of Its Motion To Dismiss The Amended Counterclaims. Document filed by AmTrust North America, Inc., Technology Insurance Company, Inc., Wesco Insurance Company, Inc.. (Simkin, Alexander) |
| Filing 33 MEMORANDUM OF LAW in Opposition re: #26 MOTION to Dismiss / Notice of Motion to Dismiss. . Document filed by KF&B Inc.. (Lory, Tyler) |
| Filing 32 DECLARATION of Tyler Jay Lory in Opposition re: #26 MOTION to Dismiss / Notice of Motion to Dismiss.. Document filed by KF&B Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Lory, Tyler) |
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Filing 31
ORDER granting #29 Letter Motion for Extension of Time. GRANTED. ANY MOTION TO JOIN ADDITIONAL PARTIES SHALL BE FILED WITHIN 60 DAYS OF THIS ORDER. ADDITIONAL PARTIES MAY NOT BE JOINED EXCEPT WITH LEAVE OF THE COURT. SO ORDERED. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (Oetken, J.)
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| Filing 30 LETTER addressed to Judge J. Paul Oetken from Alexander B. Simkin dated September 27, 2017 re: Defendant's September 27, 2017 Letter Motion. Document filed by AmTrust North America, Inc., Technology Insurance Company, Inc., Wesco Insurance Company, Inc..(Simkin, Alexander) |
| Filing 29 LETTER MOTION for Extension of Time addressed to Judge J. Paul Oetken from John P. De Filippis dated 9/27/2017. Document filed by KF&B Inc..(De Filippis, John) |
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ORDER denying #11 Motion to Dismiss. DEFENDANT KF&B FILED AN AMENDED COUNTERCLAIM ON SEPTEMBER 8, 2017 (DKT. NO. 22). AS A RESULT, PLAINTIFFS' MOTION TO DISMISS THE ORIGINAL COUNTERCLAIM (DKT. NO. 11) IS DENIED AS MOOT. SO ORDERED. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (Oetken, J.)
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| Filing 28 DECLARATION of Alexander Simkin in Support re: #26 MOTION to Dismiss / Notice of Motion to Dismiss.. Document filed by AmTrust North America, Inc., Technology Insurance Company, Inc., Wesco Insurance Company, Inc.. (Attachments: #1 Exhibit KBT AmTrust Email Exchange)(Simkin, Alexander) |
| Filing 27 MEMORANDUM OF LAW in Support re: #26 MOTION to Dismiss / Notice of Motion to Dismiss. / AmTrust's Memorandum of Law in Support of its Motion to Dismiss the Amended Counterclaims. Document filed by AmTrust North America, Inc., Technology Insurance Company, Inc., Wesco Insurance Company, Inc.. (Simkin, Alexander) |
| Filing 26 MOTION to Dismiss / Notice of Motion to Dismiss. Document filed by AmTrust North America, Inc., Technology Insurance Company, Inc., Wesco Insurance Company, Inc..(Simkin, Alexander) |
| Filing 25 RULE 26 DISCLOSURE.Document filed by AmTrust North America, Inc., Technology Insurance Company, Inc., Wesco Insurance Company, Inc..(Simkin, Alexander) |
| Filing 24 RULE 26 DISCLOSURE.Document filed by KF&B Inc.. (Attachments: #1 Exhibit dec page)(De Filippis, John) |
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Filing 23
STIPULATION AND ORDER FOR THE EXCHANGE OF CONFIDENTIAL INFORMATION...regarding procedures to be followed that shall govern the handling of confidential material... (As further set forth in this Order.) (Signed by Judge J. Paul Oetken on 9/8/2017) (cf)
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| Filing 22 AMENDED COUNTERCLAIM amending #9 Answer to Complaint, Counterclaim against KF&B Inc..Document filed by KF&B Inc.. Related document: #9 Answer to Complaint, Counterclaim. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Lory, Tyler) |
| Filing 21 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE #22 Counter Claim) - ANSWER to #9 Counterclaim., COUNTERCLAIM against All Plaintiffs. Document filed by KF&B Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Lory, Tyler) Modified on 9/11/2017 (db). |
| Filing 20 NOTICE OF CHANGE OF ADDRESS by Matthew Jason Weiser on behalf of AmTrust North America, Inc., Technology Insurance Company, Inc., Wesco Insurance Company, Inc.. New Address: Kasowitz Benson Torres LLP, 1633 Broadway, New York, New York, United States of America 10019, 212-506-1700. (Weiser, Matthew) |
| Filing 19 NOTICE OF CHANGE OF ADDRESS by Alexander Simkin on behalf of AmTrust North America, Inc., Technology Insurance Company, Inc., Wesco Insurance Company, Inc.. New Address: Kasowitz Benson Torres LLP, 1633 Broadway, New York, New York, United States of America 10019, 212-506-1700. (Simkin, Alexander) |
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Filing 18
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. Amended pleadings may not be filed and additional parties may not be joined except with leave of the Court. Any motion to amend or to join additional parties shall be filed within 30 days from the date of this Order. Non Expert Deposition due by 1/31/2018. Expert Deposition due by 4/5/2018. Fact Discovery due by 1/31/2018. Expert Discovery due by 4/5/2018. The parties shall be ready for trial on Two weeks following Final Pretrial Order. This case is not to be tried to a jury. Counsel for the parties have conferred and their present best estimate of the length of trial is 4 to 8 days. Case Management Conference set for 2/2/2018 at 10:00 AM before Judge J. Paul Oetken. (Signed by Judge J. Paul Oetken on 8/29/2017) (jwh)
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| Minute Entry for proceedings held before Judge J. Paul Oetken: Initial Pretrial Conference held on 8/29/2017. Status conference set for 2/2/2018 at 10:00am. (bh) |
| Filing 17 RULE 26(f) DISCOVERY PLAN REPORT.Document filed by AmTrust North America, Inc., Technology Insurance Company, Inc., Wesco Insurance Company, Inc..(Simkin, Alexander) |
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Filing 16
ORDER granting #15 Letter Motion for Extension of Time to File Response/Reply. GRANTED. BY SEPTEMBER 8, 2017, DEFENDANT KF&B, INC. d/b/a KF&B PROGRAM MANAGERS INSURANCE SERVICES SHALL AMEND ITS COUNTERCLAIMS OR RESPOND TO PLAINTIFFS' MOTION TO DISMISS THE COUNTERCLAIMS. SO ORDERED. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (Oetken, J.)
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| Filing 15 LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge J. Paul Oetken from Serena A. Skala dated August 21, 2017. Document filed by KF&B Inc..(Cesani, Serena) |
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Filing 14
ORDER: Initial Conference set for 8/29/2017 at 11:00 AM in Courtroom 706, 40 Foley Square, New York, NY 10007 before Judge J. Paul Oetken. Counsel are directed to confer with each other prior to the conference regarding settlement and each of the other subjects to be considered at a Fed. R. Civ. P. 16 conference. Counsel are further directed to use the Court's Civil Case Management Plan and Scheduling Order form (the "Form") to jointly prepare a detailed written proposed schedule for any motions and discovery. Counsel should type entries into this Form using a copy of the Form available at http://nysd.uscourts.gov/judge/Oetken. The parties shall submit a copy of the completed Form at least three business days prior to the date of the conference. If this case has been settled or otherwise terminated, counsel are not required to appear, provided that a stipulation of discontinuance, voluntary dismissal, or other proof of termination is sent prior to the date of the conference via email to the Orders and Judgment Clerk at the following email address: orders_and_judgments@nysd.uscourts.gov. All conferences with the Court are scheduled for a specific time; there is no other matter scheduled for that time. Counsel are directed to appear promptly. Requests for adjournment may be made only in a writing received not later than two business days before the conference. The written submission must (a) specify the reasons for the adjournment, (b) state whether the other parties have consented, and (c) indicate times and dates when all counsel are available. Unless counsel are notified that the conference has been adjourned, it will be held as scheduled. (Signed by Judge J. Paul Oetken on 8/14/2017) (rj)
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| Filing 13 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent AmTrust Financial Service, Inc. for AmTrust North America, Inc., Technology Insurance Company, Inc., Wesco Insurance Company, Inc.. Document filed by AmTrust North America, Inc., Technology Insurance Company, Inc., Wesco Insurance Company, Inc..(Simkin, Alexander) |
| Filing 12 MEMORANDUM OF LAW in Support re: #11 MOTION to Dismiss / Notice of Motion to Dismiss Counterclaims. . Document filed by AmTrust North America, Inc., Technology Insurance Company, Inc., Wesco Insurance Company, Inc.. (Simkin, Alexander) |
| Filing 11 MOTION to Dismiss / Notice of Motion to Dismiss Counterclaims. Document filed by AmTrust North America, Inc., Technology Insurance Company, Inc., Wesco Insurance Company, Inc..(Simkin, Alexander) |
| Filing 10 NOTICE OF APPEARANCE by Matthew Jason Weiser on behalf of AmTrust North America, Inc., Technology Insurance Company, Inc., Wesco Insurance Company, Inc.. (Weiser, Matthew) |
| Filing 9 ANSWER to Complaint., COUNTERCLAIM against AmTrust North America, Inc., Technology Insurance Company, Inc., Wesco Insurance Company, Inc.. Document filed by KF&B Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Lory, Tyler) |
| Filing 8 NOTICE OF APPEARANCE by John Paul De Filippis on behalf of KF&B Inc.. (De Filippis, John) |
| Filing 7 CIVIL COVER SHEET filed. (Lory, Tyler) |
| Filing 6 NOTICE OF APPEARANCE by Serena Annelise Cesani on behalf of KF&B Inc.. (Cesani, Serena) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Tyler Jay Lory. The party information for the following party/parties has been modified: KF&B Program Managers Insurance Services to KF&B Inc., Wesco Insurance Company. The information for the party/parties has been modified for the following reason/reasons: alias party name was omitted; party name entered incorrectly. (rch) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Tyler Jay Lory. The following case opening statistical information was erroneously selected/entered: Cause of Action code 28:1330; Dollar Demand 20,000,000,000; County code Albany;. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 28:1446; the Dollar Demand has been modified to 9,999,000; the County code has been modified to XX Out of State;. (rch) |
| ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Tyler Jay Lory. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (rch) |
| ***NOTICE TO ATTORNEY REGARDING REMOVAL OF PARTY. Notice to attorney Tyler Jay Lory. The following party/parties has been removed from this case: KF&B Program Managers Insurance Services. The party was added to the case in error. Party is an alias to a defendant. (rch) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge J. Paul Oetken. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (rch) |
| Magistrate Judge Gabriel W. Gorenstein is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (rch) |
| Case Designated ECF. (rch) |
| Filing 5 NOTICE OF APPEARANCE by Alexander Simkin on behalf of AmTrust North America, Inc., Technology Insurance Company, Inc., Wesco Insurance Company. (Simkin, Alexander) |
| Filing 4 NOTICE OF APPEARANCE by Michael Joseph Bowe on behalf of AmTrust North America, Inc., Technology Insurance Company, Inc., Wesco Insurance Company. (Bowe, Michael) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by KF&B Program Managers Insurance Services, KF&B, INC..(Lory, Tyler) |
| Filing 2 CERTIFICATE OF SERVICE of Notice of Removal served on Plaintiffs on 7/14/2017. Service was made by Mail. Document filed by KF&B Program Managers Insurance Services, KF&B, INC.. (Lory, Tyler) |
| Filing 1 NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 653186/2017. (Filing Fee $ 400.00, Receipt Number 0208-13898845).Document filed by KF&B, INC., KF&B Program Managers Insurance Services. (Attachments: #1 Exhibit A, #2 Exhibit B)(Lory, Tyler) |
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