Indemnity Insurance Company of North America v. Expeditors International of Washington, Inc. et al
| Indemnity Insurance Company of North America and GE Medical Systems Trade and Development (Shanghai) Co. |
| Nippon Cargo Airlines, Expeditors Japan KK and Expeditors International of Washington, Inc. |
| 1:2018cv07093 |
| August 7, 2018 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Gregory H Woods |
| Other Statutory Actions |
| 28 U.S.C. § 1331 |
| None |
Docket Report
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| Filing 35 DECLARATION of Norihiko Kishi in Support re: #25 MOTION to Dismiss Plaintiff's Complaint Against Defendants Expeditors International of Washington, Inc. and Expeditors Japan KK.. Document filed by Expeditors International of Washington, Inc., Expeditors Japan KK. (Block, Steven) |
| Filing 34 REPLY MEMORANDUM OF LAW in Support re: #25 MOTION to Dismiss Plaintiff's Complaint Against Defendants Expeditors International of Washington, Inc. and Expeditors Japan KK. . Document filed by Expeditors International of Washington, Inc., Expeditors Japan KK. (Block, Steven) |
| Filing 33 DECLARATION of Michael Stern, Esq. in Opposition re: #25 MOTION to Dismiss Plaintiff's Complaint Against Defendants Expeditors International of Washington, Inc. and Expeditors Japan KK.. Document filed by Indemnity Insurance Company of North America. (Stern, Michael) |
| Filing 32 COUNTER STATEMENT TO #27 Rule 56.1 Statement. Document filed by Indemnity Insurance Company of North America. (Stern, Michael) |
| Filing 31 DECLARATION of Michael Barbato in Opposition re: #25 MOTION to Dismiss Plaintiff's Complaint Against Defendants Expeditors International of Washington, Inc. and Expeditors Japan KK.. Document filed by Indemnity Insurance Company of North America. (Attachments: #1 Exhibit)(Stern, Michael) |
| Filing 30 MEMORANDUM OF LAW in Opposition re: #25 MOTION to Dismiss Plaintiff's Complaint Against Defendants Expeditors International of Washington, Inc. and Expeditors Japan KK. . Document filed by Indemnity Insurance Company of North America. (Stern, Michael) |
| Filing 29 DECLARATION of Norihiko Kishi in Support re: #25 MOTION to Dismiss Plaintiff's Complaint Against Defendants Expeditors International of Washington, Inc. and Expeditors Japan KK.. Document filed by Expeditors International of Washington, Inc., Expeditors Japan KK. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Block, Steven) |
| Filing 28 DECLARATION of Colleen Gillespie in Support re: #25 MOTION to Dismiss Plaintiff's Complaint Against Defendants Expeditors International of Washington, Inc. and Expeditors Japan KK.. Document filed by Expeditors International of Washington, Inc., Expeditors Japan KK. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Block, Steven) |
| Filing 27 RULE 56.1 STATEMENT. Document filed by Expeditors International of Washington, Inc., Expeditors Japan KK. (Block, Steven) |
| Filing 26 MEMORANDUM OF LAW in Support re: #25 MOTION to Dismiss Plaintiff's Complaint Against Defendants Expeditors International of Washington, Inc. and Expeditors Japan KK. . Document filed by Expeditors International of Washington, Inc., Expeditors Japan KK. (Block, Steven) |
| Filing 25 MOTION to Dismiss Plaintiff's Complaint Against Defendants Expeditors International of Washington, Inc. and Expeditors Japan KK. Document filed by Expeditors International of Washington, Inc., Expeditors Japan KK.(Block, Steven) |
| Filing 24 NOTICE OF VOLUNTARY DISMISSAL PURSUANT TO F.R.C.P. 41(a)(1)(A)(i): Pursuant to F.R.C.P. 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff INDEMNITY INSURANCE COMPANY OF NORTH AMERICA A/S/O GE MEDICAL SYSTEMS TRADE AND DEVELOPMENT (SHANGHAI) CO., LTD., hereby give notice that the above-captioned action voluntarily dismissed, with prejudice against defendant NIPPON CARGO AIRLINES. Plaintiff has filed a notice of dismissal as to Defendant Nippon Cargo Airlines. The Clerk of Court is directed to remove Nippon Cargo Airlines from the list of active defendants in this case. (Nippon Cargo Airlines terminated.) (Signed by Judge Gregory H. Woods on 10/15/2018) (anc) |
| Filing 23 NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, against the defendant(s) All Defendants. Document filed by Indemnity Insurance Company of North America. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).. (Stern, Michael) |
| ***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. #23 Notice of Voluntary Dismissal was reviewed and referred to Judge Gregory H. Woods for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety. (dt) |
Filing 22
ORDER. Expeditors International of Washington, Inc. and Expeditors Japan KK's (the "Expeditor Defendants") request for leave to file a motion to dismiss, Dkt. No. 17, is granted. The deadline for the Expeditor Defendants to serve and file their motion to dismiss is November 12, 2018. Plaintiff's opposition is due no later than three weeks following service of the Expeditor Defendants' motion; the Expeditor Defendants' reply, if any, is due no later than one week following service of Plaintiff's opposition. For the reasons stated on the record during the October 2, 2018 initial pretrial conference, discovery in this matter is stayed pending resolution of the Expeditor Defendants' forthcoming motion to dismiss. (HEREBY ORDERED by Judge Gregory H. Woods on October 3, 2018) (Text Only Order)(Woods, Gregory)
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| Minute Entry for proceedings held before Judge Gregory H. Woods: Initial Pretrial Conference held on 10/2/2018. (Court Reporter Pamela Utter) (Daniels, Anthony) |
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Filing 21
STIPULATION EXTENDING TIME TO ANSWER: It is hereby stipulated and agreed by and between the attorneys for Plaintiff INDEMNITY INSURANCE COMPANY OF NORTH AMERICA A/S/O/ GE MEDICAL SYSTEMS TRADE AND DEVELOPMENT (SHANGHAI) CO., LTD. and the attorneys for Defendant NIPPON CARGO AIRLINES ("NCA") that the time within which defendant NCA may answer or otherwise respond to Plaintiff's Complaint is hereby extended through and including October 12, 2018. The deadline for Nippon Cargo Airlines to answer or otherwise respond to the complaint is extended to October 12, 2018. SO ORDERED. (Nippon Cargo Airlines answer due 10/12/2018.) (Signed by Judge Gregory H. Woods on 9/28/2018) (anc)
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Filing 20
ORDER granting #17 Letter Motion for Conference. The request of Defendants Expeditors International of Washington, Inc. and Expeditors Japan KK to join the pre-motion conference scheduled for October 2, 2018, Dkt. No. 17, is granted. The October 2, 2018 joint initial pretrial conference and pre-motion conference will serve as a pre-motion conference regarding the proposed motions of Defendant Nippon Cargo Airlines and Defendants Expeditors International of Washington, Inc. and Expeditors Japan KK. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (Woods, Gregory)
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| Filing 19 NOTICE OF APPEARANCE by Deborah Anne Elsasser on behalf of Nippon Cargo Airlines. (Elsasser, Deborah) |
| Filing 18 MOTION for Extension of Time to File Stipulation Extending Time to Answer or otherwise respond to Plaintiff's Complaint. Document filed by Nippon Cargo Airlines.(Harakas, Andrew) |
| Filing 17 LETTER MOTION for Conference to the Court to request a pre-motion conference addressed to Judge Gregory H. Woods from Steven W. Block dated September 26, 2018. Document filed by Expeditors International of Washington, Inc., Expeditors Japan KK.(Block, Steven) |
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Filing 16
ORDER. Defendant Nippon Cargo Airlines' request for a pre-motion conference regarding a proposed motion to dismiss, Dkt. No. 15, is granted. The initial pretrial conference scheduled for October 2, 2018 will serve as a joint initial pretrial conference and pre-motion conference regarding Defendant Nippon Cargo Airlines' proposed motion to dismiss. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (Woods, Gregory)
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| Filing 15 LETTER MOTION for Conference Correspondence to Court to request a pre-motion conference addressed to Judge Gregory H. Woods from Andrew J. Harakas dated September 25, 2018. Document filed by Nippon Cargo Airlines.(Harakas, Andrew) |
| Filing 14 LETTER addressed to Judge Gregory H. Woods from Michael Stern, Esq. dated September 25, 2018 re: Indemnity Insurance v. Expeditors. Document filed by Indemnity Insurance Company of North America.(Stern, Michael) |
| Filing 13 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent EXPEDITORS INTERNATIONAL OF WASHINGTON, INC., for Expeditors International of Washington, Inc., Expeditors Japan KK. Document filed by Expeditors International of Washington, Inc., Expeditors Japan KK.(Block, Steven) |
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Filing 12
ORDER denying #11 Letter Motion for Conference. Application denied. Lead trial counsel for Defendants Expeditors is excused from his obligation toappear personally at the initial pretrial conference and may send an associate who has entered a notice of appearance in his place. Any associate counsel is expected to be fully informed regarding the case, and empowered to make all decisions with respect to the case on behalf of Expeditors. If no such associate counsel can attend the conference in person, lead trial counsel must do so. SO ORDERED. (Signed by Judge Gregory H. Woods on 9/19/2018) (jca)
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| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Steven William Block to RE-FILE Document #10 Rule 7.1 Corporate Disclosure Statement,. ERROR(S): Corporate Parents were not added. Please re-file this document and when prompted: Are there any corporate parents or other affiliates?, select the YES radio button and enter the Corporate Parent(s) or Affiliate(s). YOU MUST SELECT THE SEARCH BUTTON. Select the correct name or create a new corporate parent. Add the Corporate Parent(s) or Affiliate(s) one party name at a time. (lb) |
| Filing 11 LETTER MOTION for Conference request to attend Initial Pre-Trial Conference by phone addressed to Judge Gregory H. Woods from Steven W. Block dated September 18, 2018. Document filed by Expeditors International of Washington, Inc., Expeditors Japan KK.(Block, Steven) |
| Filing 10 FILING ERROR - CORPORATE PARENT/OTHER AFFILIATE NOT ADDED - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Expeditors International of Washington, Inc., Expeditors Japan KK.(Block, Steven) Modified on 9/19/2018 (lb). |
| Filing 9 NOTICE OF APPEARANCE by Steven William Block on behalf of Expeditors International of Washington, Inc., Expeditors Japan KK. (Block, Steven) |
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Filing 8
STIPULATION EXTENDING TIME TO ANSWER: It is hereby stipulated and agreed by and between the attorneys for Plaintiff INDEMNITY INSURANCE COMPANY OR NORTH AMERICA A/S/O GE MEDICAL SYSTEMS TRADE AND DEVELOPMENT (SHANGHAI) CO., LTD. and the attorneys for Defendant NIPPON CARGO AIRLINES ("NCA") that the time within which defendant NCA may answer or otherwise respond to Plaintiff's Complaint is hereby extended through and including October 1, 2018. The time for Nippon Cargo Airlines to answer or otherwise respond to the complaint is extended to October 1, 2018. Plaintiff is directed to serve a copy of this order on all defendants who have not appeared through counsel in this action. SO ORDERED. (Nippon Cargo Airlines answer due 10/1/2018.) (Signed by Judge Gregory H. Woods on 9/15/2018) (anc)
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| Filing 7 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Extension of Time to File Stipulation Extending time to Answer. Document filed by Nippon Cargo Airlines.(Harakas, Andrew) Modified on 9/26/2018 (ldi). |
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Filing 6
NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 10/2/2018 at 03:30 PM in Courtroom 12C, 500 Pearl Street, New York, NY 10007 before Judge Gregory H. Woods. (As further set forth in this Order.) (Signed by Judge Gregory H. Woods on 9/11/2018) (cf)
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Filing 5
STIPULATION EXTENDING TIME TO ANSWER: It is hereby stipulated and agreed by and between the attorneys for Plaintiff INDEMNITY INSURANCE COMPANY OF NORTH AMERICA A/S/O GE MEDICAL SYSTEMS TRADE AND DEVELOPMENT (SHANGHAI) CO., LTD. and the attorneys for Defendant NIPPON CARGO AIRLINES ("NCA") that the time within which defendant NCA may answer or otherwise respond to Plaintiff's Complaint is hereby extended through and including September 17, 2018. The deadline for Defendant Nippon Cargo Airlines ("NCA") to answer or otherwise respond to the complaint is extended to September 17, 2018. Counsel for NCA is directed to enter a notice of appearance in this action. Plaintiff is directed to serve a copy of this order on all defendants and to retain proof of service. SO ORDERED. (Nippon Cargo Airlines answer due 9/17/2018.) (Signed by Judge Gregory H. Woods on 8/30/2018) (anc)
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| Filing 4 NOTICE of Stipulation Extending Time To Answer re: #3 Complaint. Document filed by Nippon Cargo Airlines. (Harakas, Andrew) |
| Filing 3 COMPLAINT against Expeditors International of Washington, Inc., Expeditors Japan KK, Nippon Cargo Airlines. Document filed by Indemnity Insurance Company of North America.(Stern, Michael) |
| Filing 2 CIVIL COVER SHEET filed. (Stern, Michael) |
| Case Designated ECF. (pne) |
| Magistrate Judge Ona T. Wang 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. (pne) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Gregory H. Woods. 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. (pne) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Michael Evan Stern. The following case opening statistical information was erroneously selected/entered: Cause of Action code Civil Miscellaneous Case; County code New York. The following corrections have been made to your case entry: the Cause of Action code has been modified to 28:1331; the County code has been modified to XX Out of State. (pne) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Michael Evan Stern to RE-FILE Document No. #1 Complaint,. The filing is deficient for the following reasons: the All Defendant radio button was selected; the wrong filer/filers were selected for the pleading. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (pne) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Michael Evan Stern to RE-FILE Document No. #1 Complaint,. The filing is deficient for the following reasons: the civil cover sheet can not be filed as an attachment to another document; no basis of jurisdiction selected on civil cover sheet. 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.. (pne) |
| ***NOTICE TO ATTORNEY REGARDING REMOVAL OF PARTY. Notice to attorney Michael Evan Stern. The following party/parties has been removed from this case: GE Medical Systems Trade and Development (Shanghai) Co.. The party was added to the case in error. (pne) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Michael Evan Stern. The party information for the following party has been modified: Indemnity Insurance Company of North America. The information for the party has been modified for the following reason: alias party name was omitted. (pne) |
| Filing 1 FILING ERROR - DEFICIENT PLEADING - FILER ERROR - FILED AGAINST PARTY ERROR -COMPLAINT against All Defendants. (Filing Fee $ 400.00, Receipt Number 0208-15418181)Document filed by Indemnity Insurance Company of North America, GE Medical Systems Trade and Development (Shanghai) Co.. (Attachments: #1 Civil Cover Sheet)(Stern, Michael) Modified on 8/8/2018 (pne). |
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