National Union Fire Insurance Company of Pittsburgh, PA. et al v. BMC Stock Holdings, Inc.
| National Union Fire Insurance Company of Pittsburgh, PA., American Home Assurance Company and The Insurance Company of The State of Pennsylvania |
| BMC Stock Holdings, Inc. |
| 1:2018cv05777 |
| June 26, 2018 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| NewYork |
| Richard J Sullivan |
| Other Statutes: Arbitration |
| 09 U.S.C. § 4 |
| None |
Docket Report
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| Document Text |
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| Filing 25 LETTER addressed to Judge Richard J. Sullivan from Michael S. Davis dated August 14, 2018 re: regarding Petitioners' motion to stay California action. Document filed by American Home Assurance Company, National Union Fire Insurance Company of Pittsburgh, PA., The Insurance Company of The State of Pennsylvania.(Davis, Michael) |
| Filing 24 REPLY MEMORANDUM OF LAW in Support re: #1 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration,, #14 Order,,,,, Set Deadlines,,,, . Document filed by American Home Assurance Company, National Union Fire Insurance Company of Pittsburgh, PA., The Insurance Company of The State of Pennsylvania. (Davis, Michael) |
| Filing 23 NOTICE OF APPEARANCE by Ethan Wilson Middlebrooks on behalf of BMC Stock Holdings, Inc.. (Middlebrooks, Ethan) |
| Filing 22 DECLARATION of Maureen Thomas in Support re: #1 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration,, #21 Memorandum of Law in Opposition. Document filed by BMC Stock Holdings, Inc.. (Attachments: #1 Exhibit EX A, #2 Exhibit EX B, #3 Exhibit EX C, #4 Exhibit EX D)(Wolff, Allen) |
| Filing 21 MEMORANDUM OF LAW in Opposition re: #1 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration,, . Document filed by BMC Stock Holdings, Inc.. (Wolff, Allen) |
| Filing 20 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by BMC Stock Holdings, Inc..(Wolff, Allen) |
| Filing 19 NOTICE OF APPEARANCE by Allen Rafael Wolff on behalf of BMC Stock Holdings, Inc.. (Wolff, Allen) |
| Filing 18 CERTIFICATE OF SERVICE of Memorandum of Law in Support of Petitioner's Petition to Compel Arbitration served on Respondent BMC Stock Holdings, Inc. on July 13, 2018. Service was made by Mail. Document filed by American Home Assurance Company, National Union Fire Insurance Company of Pittsburgh, PA., The Insurance Company of The State of Pennsylvania. (Davis, Michael) |
| Filing 17 MEMORANDUM OF LAW in Support re: #1 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration,, #14 Order,,,,, Set Deadlines,,,, . Document filed by American Home Assurance Company, National Union Fire Insurance Company of Pittsburgh, PA., The Insurance Company of The State of Pennsylvania. (Davis, Michael) |
| Filing 16 CERTIFICATE OF SERVICE of Order entered July 3, 2018 (Document No. 14) served on BMC Stock Holdings, Inc. c/o Corporation Service Company on July 5, 2018. Service was accepted by Lynanne Gares, Managing Agent. Document filed by American Home Assurance Company, National Union Fire Insurance Company of Pittsburgh, PA., The Insurance Company of The State of Pennsylvania. (Davis, Michael) |
| Filing 15 CERTIFICATE OF SERVICE of Order entered July 3, 2018 (Document No. 14) served on BMC Stock Holdings, Inc. on July 5, 2018. Service was made by Mail. Document filed by American Home Assurance Company, National Union Fire Insurance Company of Pittsburgh, PA., The Insurance Company of The State of Pennsylvania. (Davis, Michael) |
Filing 14
ORDER: Accordingly, IT IS HEREBY ORDERED THAT Petitioners' request for an order to show cause is DENIED. IT IS FURTHER ORDERED THAT Petitioners shall file a memorandum of law in support of their petition by July 13, 2018, Respondent shall submit its opposition to the petition by August 3, 2018, and Petitioners shall submit their reply by August 13, 2018. Once Petitioners' petition is fully briefed, the Court will determine whether it is necessary to hold a hearing in this matter. IT IS FURTHER ORDERED THAT, by July 7, 2018, Petitioners shall serve Respondent with a copy of this Order and file a certificate of service on ECF indicating that this service was effectuated. Respondent shall thereafter file a notice of appearance through ECF. To the extent that Petitioners wish to stay the action filed by Respondent in the United States District Court for the Central District of California, they should file a motion to do so in that court. SO ORDERED. (Responses due by 8/3/2018, Replies due by 8/13/2018.) (Signed by Judge Richard J. Sullivan on 7/3/2018) (ne)
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| Filing 13 SUMMONS RETURNED EXECUTED Summons and Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration,, served. BMC Stock Holdings, Inc. served on 6/29/2018, answer due 7/20/2018. Service was accepted by Lynanne Gares, process agent at authorized agent Corporation Service Co. (this is a corrected entry as to the date of service only). Document filed by National Union Fire Insurance Company of Pittsburgh, PA.; The Insurance Company of The State of Pennsylvania; American Home Assurance Company. (Davis, Michael) |
| Filing 12 LETTER addressed to Judge Richard J. Sullivan from Michael S. Davis dated June 29, 2018 re: renewing request for an early premotion conference or order to show cause. Document filed by American Home Assurance Company, National Union Fire Insurance Company of Pittsburgh, PA., The Insurance Company of The State of Pennsylvania.(Davis, Michael) |
| Filing 11 SUMMONS RETURNED EXECUTED Summons and Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration,, served. BMC Stock Holdings, Inc. served on 6/28/2018, answer due 7/19/2018. Service was accepted by Lynanne Gares, process agent at authorized agent Corporation Service Co.. Document filed by National Union Fire Insurance Company of Pittsburgh, PA.; The Insurance Company of The State of Pennsylvania; American Home Assurance Company. (Davis, Michael) |
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Filing 10
MEMO ENDORSEMENT on re: #9 Letter, filed by The Insurance Company of The State of Pennsylvania, American Home Assurance Company, National Union Fire Insurance Company of Pittsburgh, PA. ENDORSEMENT: Because Petitioners have not yet filed proof of service of the summons and petition, IT IS HEREBY ORDERED THAT Petitioners' request for an order to show cause is DENIED without prejudice to renewal. See 9 U.S.C. 4 ("Service thereof shall be made in the manner provided by the Federal Rules of Civil Procedure."). SO ORDERED. (Signed by Judge Richard J. Sullivan on 6/28/2018) (ne)
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| Filing 9 LETTER addressed to Judge Richard J. Sullivan from Michael S. Davis dated June 28, 2018 re: requesting a premotion conference or the issuance of the enclosed order to show cause to compel arbitration. Document filed by American Home Assurance Company, National Union Fire Insurance Company of Pittsburgh, PA., The Insurance Company of The State of Pennsylvania. (Attachments: #1 proposed order to show cause)(Davis, Michael) |
| Filing 8 ELECTRONIC SUMMONS ISSUED as to BMC Stock Holdings, Inc.. (pne) |
| Filing 7 CIVIL COVER SHEET filed. (Davis, Michael) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Michael Steven Davis to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): Jury Demand Code - no selection;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated June 2017. The S.D.N.Y. Civil Cover Sheet dated June 2017 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Michael Steven Davis. The following case opening statistical information was erroneously selected/entered: Cause of Action code 9:206;. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 9:4;. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Richard J. Sullivan. 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. (jgo) |
| Magistrate Judge Katharine H. Parker 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. (jgo) |
| Case Designated ECF. (jgo) |
| Filing 6 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent American International Group, Inc., Corporate Parent AIUH LLC, Corporate Parent AIG Property Casualty U.S., Inc. for The Insurance Company of The State of Pennsylvania. Document filed by The Insurance Company of The State of Pennsylvania.(Davis, Michael) |
| Filing 5 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent American International Group, Inc., Corporate Parent AIUH LLC, Corporate Parent AIG Property Casualty U.S., Inc. for American Home Assurance Company. Document filed by American Home Assurance Company.(Davis, Michael) |
| Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent American International Group, Inc., Corporate Parent AIUH LLC, Corporate Parent AIG Property Casualty U.S., Inc. for National Union Fire Insurance Company of Pittsburgh, PA.. Document filed by National Union Fire Insurance Company of Pittsburgh, PA..(Davis, Michael) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to BMC Stock Holdings, Inc., re: #1 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration. Document filed by American Home Assurance Company, National Union Fire Insurance Company of Pittsburgh, PA., The Insurance Company of The State of Pennsylvania. (Davis, Michael) |
| Filing 2 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed. (Davis, Michael) Modified on 6/27/2018 (jgo). |
| Filing 1 PETITION TO Compel ARBITRATION. (Filing Fee $ 400.00, Receipt Number 0208-15251134).Document filed by National Union Fire Insurance Company of Pittsburgh, PA., The Insurance Company of The State of Pennsylvania, American Home Assurance Company. (Attachments: #1 Exh. A Payment Agreement, #2 Exh. B Complaint filed in Central District of California by BMC Stock Holdings, Inc., #3 Exh. C Emails dated June 1, 2018 and June 14, 2018, #4 Exh. D Demand for Arbitration, #5 Exh. E Correspondence regarding invoices)(Davis, Michael) |
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