Xavian Insurance Company et al v. Marsh & McLennan Companies, Inc. et al
Plaintiff: Xavian Insurance Company and Xavian Holdings, Inc.
Defendant: Marsh USA, Inc. and Marsh & McLennan Companies, Inc.
Case Number: 1:2018cv08273
Filed: September 11, 2018
Court: US District Court for the Southern District of New York
Presiding Judge: Denise L Cote
Nature of Suit: Other Statutory Actions
Cause of Action: 28 U.S.C. § 1331 Fed. Question
Jury Demanded By: Plaintiff
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This docket was last retrieved on December 16, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 16, 2019 Opinion or Order Filing 103 ORDER OF DISCONTINUANCE: It having been reported to this Court that this case has been settled, it is hereby ORDERED that the above-captioned action is discontinued without costs to any party and without prejudice to restoring the action to this Courts calendar if the application to restore the action is made by January 17, 2020. If no such application is made by that date, todays dismissal of the action is with prejudice. See Muze, Inc. v. Digital On Demand, Inc., 356 F.3d 492, 494 n.1 (2d Cir. 2004). (Signed by Judge Denise L. Cote on 12/16/2019) (gr)
December 16, 2019 Opinion or Order Filing 102 JOINT LETTER MOTION to Stay case deadlines pending final settlement addressed to Judge Denise L. Cote from Michael C. D'Agostino dated December 16, 2019. Document filed by Marsh USA, Inc..(D'Agostino, Michael)
November 13, 2019 Opinion or Order Filing 101 ENDORSED LETTER addressed to Judge Denise L. Cote from David J. Levy dated November 13, 2019 re: joint request for a firm trial date. ENDORSEMENT: This date is firm with the exception of the needs of the criminal docket. The parties should consult with the Deputy, Ms. Rojas. (Signed by Judge Denise L. Cote on 11/13/2019) (gr)
November 13, 2019 Opinion or Order Filing 100 JOINT LETTER addressed to Judge Denise L. Cote from David J. Levy dated November 13, 2019 re: joint request for a firm trial date. Document filed by Marsh USA, Inc..(Levy, David)
November 4, 2019 Opinion or Order Filing 99 ORDER granting #98 Motion for Jillian Rae Harris to Appear Pro Hac Vice (HEREBY ORDERED by Judge Denise L. Cote)(Text Only Order) (gr)
November 1, 2019 Opinion or Order Filing 98 MOTION for Jillian Rae Harris to Appear Pro Hac Vice for Defendant, Marsh USA, Inc.. Filing fee $ 200.00, receipt number ANYSDC-17876436. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Marsh USA, Inc.. (Attachments: #1 Affidavit in Support of Motion to Admit Counsel Pro Hac Vice, #2 Exhibit A - Certificate of Good Standing, #3 Text of Proposed Order)(Harris, Jillian)
November 1, 2019 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #98 MOTION for Jillian Rae Harris to Appear Pro Hac Vice for Defendant, Marsh USA, Inc.. Filing fee $ 200.00, receipt number ANYSDC-17876436. Motion and supporting papers to be reviewed by Clerk's Office staff.>/FON. The document has been reviewed and there are no deficiencies. (aea)
October 1, 2019 Opinion or Order Filing 97 ORDER denying #95 Letter Motion for Local Rule 37.2 Conference. (Signed by Judge Denise L. Cote on 9/30/2019) (gr)
September 30, 2019 Opinion or Order Filing 96 LETTER addressed to Judge Denise L. Cote from Christopher J. Akin dated September 30, 2019 re: Response to Marsh USA, Inc.'s Letter Motion for Local Rule 37.2 Conference. Document filed by Xavian Holdings, Inc., Xavian Insurance Company.(Akin, Christopher)
September 27, 2019 Opinion or Order Filing 95 LETTER MOTION for Local Rule 37.2 Conference addressed to Judge Denise L. Cote from Michael C. D'Agostino dated September 27, 2019. Document filed by Marsh USA, Inc..(D'Agostino, Michael)
September 25, 2019 Opinion or Order Filing 94 ENDORSED LETTER addressed to Judge Denise L. Cote from Christopher J. Akin dated September 23, 2019 re: Plaintiffs' Request to Redact Transcript of Hearing on Plaintiffs' Fifth Amended Trade Secret Designation. ENDORSEMENT: Approval for the redactions is granted subject to modification by a future order. (Signed by Judge Denise L. Cote on 9/25/2019) (gr)
September 23, 2019 Opinion or Order Filing 93 LETTER addressed to Judge Denise L. Cote from Christopher J. Akin dated September 23, 2019 re: Plaintiffs' Request to Redact Transcript of Hearing on Plaintiffs' Fifth Amended Trade Secret Designation. Document filed by Xavian Holdings, Inc., Xavian Insurance Company.(Akin, Christopher)
September 20, 2019 Opinion or Order Filing 92 NOTICE of of Intent to Request Redaction re: #90 Transcript,,. Document filed by Xavian Holdings, Inc., Xavian Insurance Company. (Akin, Christopher)
September 16, 2019 Opinion or Order Filing 91 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 9/5/19 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)
September 16, 2019 Opinion or Order Filing 90 TRANSCRIPT of Proceedings re: CONFERENCE held on 9/5/2019 before Judge Denise L. Cote. Court Reporter/Transcriber: Lisa Smith, (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 10/7/2019. Redacted Transcript Deadline set for 10/17/2019. Release of Transcript Restriction set for 12/16/2019.(McGuirk, Kelly)
September 16, 2019 Opinion or Order Filing 89 AMENDED ANSWER to #43 Amended Complaint,. Document filed by Marsh USA, Inc.. (D'Agostino, Michael)
September 13, 2019 Opinion or Order Filing 88 ORDER: granting #87 Letter Motion for Leave to File Document. Granted. (Signed by Judge Denise L. Cote on 9/13/2019) (ama)
September 12, 2019 Filing 87 LETTER MOTION for Leave to File Amended Answer to Plaintiffs' Second Amended Complaint addressed to Judge Denise L. Cote from Michael C. D'Agostino dated 09/12/2019. Document filed by Marsh USA, Inc.. (Attachments: #1 Exhibit A-Proposed amended Answer in Redline)(D'Agostino, Michael)
September 5, 2019 Minute Entry for proceedings held before Judge Denise L. Cote: Pretrial Conference held on 9/5/2019. (Court Reporter Lisa Smith) (gr)
August 30, 2019 Opinion or Order Filing 86 ORDER granting #85 Letter Motion for Leave to provide the Court with an Exhibit in support of Xavian's Fifth Amended Trade Secret Designation. (Signed by Judge Denise L. Cote on 8/30/2019) (gr)
August 29, 2019 Filing 85 LETTER MOTION for Leave to File to provide Court with Exhibit in support of Plaintiffs' Fifth Amended Trade Secret Designation addressed to Judge Denise L. Cote from Christopher J. Akin dated 08/29/19. Document filed by Xavian Holdings, Inc., Xavian Insurance Company.(Akin, Christopher)
August 26, 2019 Filing 84 ENDORSED LETTER addressed to Judge Denise L. Cote from Michael C. D'Agostino dated 8/26/2019 re: The parties have conferred and respectfully request that the Court hold a conference regarding Plaintiffs' 5th Amended Trade Secret Designations on September 5, 2019 at 3 PM. ENDORSEMENT: The conference shall occur in Courtroom 18B. By August 29, the parties shall provide the 5th Amended Designation and Marsh's responsive chart to the Chambers email address. (Signed by Judge Denise L. Cote on 8/26/2019) (gr)
August 26, 2019 Filing 83 LETTER MOTION for Conference regarding Plaintiffs' 5th Amended Trade Secret Designations on September 5, 2019 addressed to Judge Denise L. Cote from Michael C. D'Agostino dated August 26, 2019. Document filed by Marsh USA, Inc..(D'Agostino, Michael)
August 26, 2019 Filing 82 LETTER addressed to Judge Denise L. Cote from Christopher J. Akin dated 08/26/19 re: responding to Marsh's letter regarding Xavian's Trade Secret Designation. Document filed by Xavian Holdings, Inc., Xavian Insurance Company.(Akin, Christopher)
August 23, 2019 Filing 81 LETTER MOTION for Local Rule 37.2 Conference addressed to Judge Denise L. Cote from Michael C. D'Agostino dated August 23, 2019. Document filed by Marsh USA, Inc..(D'Agostino, Michael)
August 23, 2019 Opinion or Order Filing 80 ORDER granting #79 Motion for Maryann B. Zaki to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Denise L. Cote)(Text Only Order) (gr)
August 13, 2019 Filing 79 MOTION for Maryann B. Zaki to Appear Pro Hac Vice (Corrected). Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Marsh USA, Inc.. (Attachments: #1 Affidavit of Mary Ann B. Zaki in Support of Motion to Admit Counsel Pro Hac Vice, #2 Exhibit A-Certificate of Good Standing, #3 Text of Proposed Order)(Zaki, Maryann)
August 13, 2019 Filing 78 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Maryann B. Zaki to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17420097. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Marsh USA, Inc.. (Attachments: #1 Affidavit of Maryann B. Zaki in Support of Motion to Admit Counsel Pro Hac Vice, #2 Exhibit A - Certificate of Good Standing, #3 Text of Proposed Order)(Zaki, Maryann) Modified on 8/13/2019 (wb).
August 13, 2019 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #78 MOTION for Maryann B. Zaki to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17420097. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Texas;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (wb)
August 13, 2019 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #79 MOTION for Maryann B. Zaki to Appear Pro Hac Vice (Corrected). Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
July 11, 2019 Filing 77 LETTER addressed to Judge Denise L. Cote from Christopher J. Akin dated 07/11/2019 re: responding to the Court's request for a status update on a potential agreement with Boeing to coordinate depo testimony in this case and the related Boeing case in the NDIL. Document filed by Xavian Holdings, Inc., Xavian Insurance Company. (Attachments: #1 Exhibit 1)(Akin, Christopher)
July 1, 2019 Opinion or Order Filing 76 ORDER: A telephone conference in this action was held on June 28, 2019 at which the plaintiff's Second Amended Trade Secret Designation was stricken. It is hereby ORDERED that the plaintiffs shall serve an amended trade secret designation by July 10, 2019. IT IS FURTHER ORDERED that the plaintiffs shall, by July 12, 2019 file a report on the status of negotiations for a coordination agreement with respect to depositions in related litigation taking place in the Northern District of Illinois. (Signed by Judge Denise L. Cote on 7/1/2019) (jca)
June 28, 2019 Minute Entry for proceedings held before Judge Denise L. Cote: Telephone Conference held on 6/28/2019. (Court Reporter Sam Mauro) (gr)
June 26, 2019 Opinion or Order Filing 75 ORDER: It is hereby ORDERED that a telephone conference is scheduled for June 28, 2019 at 11:30 a.m. Counsel for the defendant shall have all parties on the line and call Chambers at 212-805-0202. IT IS FURTHER ORDERED that the plaintiffs shall, by June 26, 2019, provide the Court with a copy of its trade secret designation for in camera review by emailing it to cotenysdchambers@nysd.uscourts.gov. (Telephone Conference set for 6/28/2019 at 11:30 AM before Judge Denise L. Cote.) (Signed by Judge Denise L. Cote on 6/26/2019) (jca)
June 25, 2019 Filing 74 LETTER addressed to Judge Denise L. Cote from Christopher J. Akin dated 06/25/2019 re: responding to Mr. D'Agostino's letter of 6/24/2019 re a request for conference re Plfs' Trade Secret Designation. Document filed by Xavian Holdings, Inc., Xavian Insurance Company.(Akin, Christopher)
June 24, 2019 Filing 73 LETTER addressed to Judge Denise L. Cote from Michael C. D'Agostino dated 06/24/2019 re: Request for a Conference with the Court re Plaintiffs' Trade Secret Designations. Document filed by Marsh USA, Inc..(D'Agostino, Michael)
June 17, 2019 Opinion or Order Filing 72 SCHEDULING ORDER:IT IS HEREBY ORDERED that this case is placed on the March 2, 2020 trial ready calendar. You must be ready to proceed on 24 hours notice. You may contact the Deputy Clerk, Gloria Rojas, to learn where your case stands on the calendar. IT IS FURTHER ORDERED that the following procedures shall govern the conduct of the trial.....(See Scheduling Order.) (Signed by Judge Denise L. Cote on 6/17/2019) (gr)
June 17, 2019 Filing 71 LETTER addressed to Judge Denise L. Cote from Christopher J. Akin dated June 17, 2019 re: Trial Setting. Document filed by Xavian Holdings, Inc., Xavian Insurance Company.(Miniter, Paulette)
May 21, 2019 Filing 70 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 5/6/19 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)
May 21, 2019 Filing 69 TRANSCRIPT of Proceedings re: CONFERENCE held on 5/6/2019 before Judge Denise L. Cote. Court Reporter/Transcriber: Rebecca Forman, (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 6/11/2019. Redacted Transcript Deadline set for 6/21/2019. Release of Transcript Restriction set for 8/19/2019.(McGuirk, Kelly)
May 7, 2019 Opinion or Order Filing 68 PRETRIAL SCHEDULING ORDER ("Order": As set forth at the pretrial conference held pursuant to Rule 16, Fed. R. Civ. P., on May 6, 2019, the following schedule shall govern the further conduct of pretrial proceedings in this case: Plaintiffs shall serve their amended trade secret designation by May 27, 2019.The parties shall comply with their Rule 26(a)(1), Fed. R. Civ. P., initial disclosure obligations by May 27, 2019. No additional parties may be joined or pleadings amended after June 7, 2019. Private mediation shall occur no later than November 2019. All fact discovery must be completed by November 1, 2019....All expert discovery must be completed by January 17, 2020. The Joint Pretrial Order must be filed by February 7, 2020.... (Please see Order for the rest of the schedule.) (Signed by Judge Denise L. Cote on 5/6/2019) (gr)
May 6, 2019 Minute Entry for proceedings held before Judge Denise L. Cote: Initial Pretrial Conference held on 5/6/2019. (Court Reporter Rebecca Forman) (gr)
May 3, 2019 Filing 67 STATUS REPORT. JOINT Document filed by Marsh USA, Inc.. (Attachments: #1 Exhibit A Marsh's Proposed Case Management Plan and Scheduling Order, #2 Exhibit B Xavian's Proposed Case Management Plan and Scheduling Order)(D'Agostino, Michael)
May 1, 2019 Filing 66 ANSWER to #43 Amended Complaint,. Document filed by Marsh USA, Inc..(D'Agostino, Michael)
April 29, 2019 Opinion or Order Filing 65 ORDER: ORDERED that the time of the May 6, 2019 initial pretrial conference is moved from 10:30 a.m. to 3 p.m. in Courtroom 18B, 500 Pearl Street. (Signed by Judge Denise L. Cote on 4/29/2019) (gr)
April 24, 2019 Filing 64 ENDORSED LETTER addressed to Judge Denise L. Cote from Christopher J. Akin dated April 19, 2019 re: Request to reschedule the May 8 Initial Pretrial Conference to May 6 at 10:30 a.m. ENDORSEMENT: Approved. (Signed by Judge Denise L. Cote on 4/24/2019) (gr)
April 19, 2019 Filing 63 LETTER addressed to Judge Denise L. Cote from Christopher J. Akin dated April 19, 2019 re: Date of Initial Pretrial Conference. Document filed by Xavian Holdings, Inc., Xavian Insurance Company.(Miniter, Paulette)
April 17, 2019 Opinion or Order Filing 62 SCHEDULING ORDER: An Opinion and Order of April 16, 2019 denied Marsh USA, Incs (Marsh) motion to dismiss the second amended complaint (SAC) pursuant to Fed. R. Civ. P. 12(b)(6). Accordingly, it is hereby ORDERED that Marshs answer to the SAC is due on May 1, 2019. IT IS FURTHER ORDERED that the initial pretrial conference is scheduled for May 8, 2019 at 10:30 a.m. in Courtroom 18B, 500 Pearl Street. All pretrial conferences must be attended by the attorney who will serve as principal trial counsel. IT IS FURTHER ORDERED that counsel are directed to confer with each other prior to the conference regarding settlement and each of the other subjects to be considered at Fed. R. Civ. P. 16 conference, and to prepare a detailed written proposed schedule for any motions and discovery. (Signed by Judge Denise L. Cote on 4/17/2019) (gr)
April 16, 2019 Opinion or Order Filing 61 OPINION AND ORDER.....The defendants January 16 motion to dismiss is denied as to Marsh USA, Inc. and granted as to Marsh & McLennan Companies, Inc. (Signed by Judge Denise L. Cote on 4/16/2019) (gr)
February 22, 2019 Filing 60 LETTER MOTION for Oral Argument on Defendants' motion to dismiss the second amended complaint addressed to Judge Denise L. Cote from Michael C. D'Agostino dated February 22, 2019. Document filed by Marsh & McLennan Companies, Inc., Marsh USA, Inc..(D'Agostino, Michael)
February 22, 2019 Filing 59 REPLY MEMORANDUM OF LAW in Support re: #48 MOTION to Dismiss the Second Amended Complaint. . Document filed by Marsh & McLennan Companies, Inc., Marsh USA, Inc.. (D'Agostino, Michael)
February 12, 2019 Filing 58 NOTICE of Appendix of Nationwide Survey of Case Law in Support of Plaintiffs' Corrected Memorandum of Law in Opposition to Defendant's Motion to Dismiss. Document filed by Xavian Holdings, Inc., Xavian Insurance Company. (Akin, Christopher)
February 12, 2019 Opinion or Order Filing 57 ORDER granting #54 LETTER MOTION for Leave to File Appendix in Support of Opposition to Defendant's Motion to Dismiss. Granted. (Signed by Judge Denise L. Cote on 2/11/2019) (jca)
February 11, 2019 Filing 56 MEMORANDUM OF LAW in Opposition re: #48 MOTION to Dismiss the Second Amended Complaint. [Corrected filing of Doc. 53]. Document filed by Xavian Holdings, Inc., Xavian Insurance Company. (Akin, Christopher)
February 8, 2019 Filing 55 NOTICE of Declaration and exhibits re: #53 Memorandum of Law in Opposition to Motion. Document filed by Xavian Holdings, Inc., Xavian Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B)(Akin, Christopher)
February 8, 2019 Filing 54 LETTER MOTION for Leave to File Appendix in Support of Opposition to Defendant's Motion to Dismiss addressed to Judge Denise L. Cote from Christopher J. Akin dated February 8, 2019. Document filed by Xavian Holdings, Inc., Xavian Insurance Company.(Akin, Christopher)
February 8, 2019 Filing 53 MEMORANDUM OF LAW in Opposition re: #48 MOTION to Dismiss the Second Amended Complaint. . Document filed by Xavian Holdings, Inc., Xavian Insurance Company. (Akin, Christopher)
January 17, 2019 Opinion or Order Filing 52 ORDER: On November 26, 2018, defendants filed a motion to dismiss the original complaint in this action pursuant to Rule 12(b)(6), Fed. R. Civ. P. An Order of November 27 directed the plaintiffs to file any amended complaint by December 21 and alerted the plaintiffs that they would likely not have another opportunity to amend. The plaintiffs filed an amended complaint on December 13, thereby mooting the defendants November 26 motion. Defendants renewed their motion on January 16, 2019. It is hereby ORDERED that the plaintiff shall serve any opposition to the motion to dismiss by February 8, 2019. Defendants reply, if any, shall be served by February 22, 2019..... (Signed by Judge Denise L. Cote on 1/17/2019) (gr)
January 17, 2019 Opinion or Order Filing 51 STIPULATED AMENDED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Denise L. Cote on 1/17/2019) (gr)
January 16, 2019 Filing 50 DECLARATION of Kimberley E. Lunetta in Support re: #48 MOTION to Dismiss the Second Amended Complaint.. Document filed by Marsh & McLennan Companies, Inc., Marsh USA, Inc.. (Attachments: #1 Exhibit 1 - "Instrat" Agreement, #2 Exhibit 2 - The Commercial Aircraft Finance Handbook)(Lunetta, Kimberley)
January 16, 2019 Filing 49 MEMORANDUM OF LAW in Support re: #48 MOTION to Dismiss the Second Amended Complaint. . Document filed by Marsh & McLennan Companies, Inc., Marsh USA, Inc.. (D'Agostino, Michael)
January 16, 2019 Filing 48 MOTION to Dismiss the Second Amended Complaint. Document filed by Marsh & McLennan Companies, Inc., Marsh USA, Inc..(D'Agostino, Michael)
January 10, 2019 Filing 47 LETTER MOTION for Leave to File Entry of Stipulated Amended Protective Order Attached as Exhibit 1 addressed to Judge Denise L. Cote from Romeo S. Quinto, Jr. dated 01/10/2019. Document filed by Marsh & McLennan Companies, Inc., Marsh USA, Inc.. (Attachments: #1 Text of Proposed Order Stipulated Amended Protective Order)(Quinto, Romeo)
December 21, 2018 Opinion or Order Filing 46 ORDER granting #45 Defendants' Letter Motion for Extension of Time to Answer up to and including 1/16/2019. (Signed by Judge Denise L. Cote on 12/21/2018) (gr)
December 21, 2018 Filing 45 LETTER MOTION for Extension of Time to File Answer re: #43 Amended Complaint, addressed to Judge Denise L. Cote from Michael C. D'Agostino dated December 21, 2018. Document filed by Marsh & McLennan Companies, Inc., Marsh USA, Inc..(D'Agostino, Michael)
December 14, 2018 Opinion or Order Filing 44 ORDER: On November 26, 2018, the defendants moved pursuant to Fed. R. Civ. P. 12(b)(6) to dismiss the plaintiffs complaint. On December 13, the plaintiffs filed an amended complaint. Accordingly, it is hereby ORDERED that the defendants November 26 motion to dismiss shall be terminated as moot.(Signed by Judge Denise L. Cote on 12/14/2018) (gr)
December 13, 2018 Filing 43 SECOND AMENDED COMPLAINT amending #25 Amended Complaint, against Marsh & McLennan Companies, Inc., Marsh USA, Inc..Document filed by Xavian Insurance Company, Xavian Holdings, Inc.. Related document: #25 Amended Complaint,. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Akin, Christopher)
November 27, 2018 Opinion or Order Filing 42 ORDER:On November 26, 2018, defendants filed a motion to dismiss the first amended complaint pursuant to Rule 12(b)(6), Fed. R. Civ. P. Under Rule 15(a)(1)(B), Fed. R. Civ. P., a plaintiff has 21 days after the service of a motion under Rule 12(b) to amend the complaint once as a matter of course. Accordingly, it is hereby ORDERED that plaintiff shall file any amended complaint by December 21, 2018. It is unlikely that plaintiff will have a further opportunity to amend. IT IS FURTHER ORDERED that if no amended complaint is filed, plaintiff shall file any opposition to the motion to dismiss by December 21, 2018. Defendants reply, if any, shall be filed by January 11, 2019. At the time any reply is filed, the moving party shall supply Chambers with two (2) courtesy copies of all motion papers by mailing or delivering them to the United States Courthouse, 500 Pearl Street, New York, New York.IT IS FURTHER ORDERED that the initial pretrial conference scheduled for November 30, 2018 is adjourned sine die. (Signed by Judge Denise L. Cote on 11/27/2018) (gr)
November 26, 2018 Filing 41 STATUS REPORT. (Joint) and Proposed Case Management Plan and Scheduling Order Document filed by Xavian Holdings, Inc., Xavian Insurance Company. (Attachments: #1 Exhibit A)(Akin, Christopher)
November 26, 2018 Filing 40 DECLARATION of Kimberley E. Lunetta in Support re: #38 MOTION to Dismiss Plaintiffs' First Amended Complaint.. Document filed by Marsh & McLennan Companies, Inc., Marsh USA, Inc.. (Attachments: #1 Exhibit 1 - Termination Letter, #2 Exhibit 2 - Proprietary Information Agreement)(Lunetta, Kimberley)
November 26, 2018 Filing 39 MEMORANDUM OF LAW in Support re: #38 MOTION to Dismiss Plaintiffs' First Amended Complaint. . Document filed by Marsh & McLennan Companies, Inc., Marsh USA, Inc.. (Lunetta, Kimberley)
November 26, 2018 Filing 38 MOTION to Dismiss Plaintiffs' First Amended Complaint. Document filed by Marsh & McLennan Companies, Inc., Marsh USA, Inc..(Lunetta, Kimberley)
November 15, 2018 Opinion or Order Filing 37 STIPULATED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Denise L. Cote on 11/15/2018) (gr)
November 13, 2018 Filing 36 LETTER MOTION for Leave to File Entry of Protective Order addressed to Judge Denise L. Cote from Romeo S. Quinto, Jr. dated 11/13/2018. Document filed by Marsh & McLennan Companies, Inc., Marsh USA, Inc.. (Attachments: #1 Text of Proposed Order Stipulated Protective Order)(Quinto, Romeo)
November 2, 2018 Opinion or Order Filing 35 ORDER granting #32 Motion for David J. Levy to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Denise L. Cote)(Text Only Order) (gr)
November 2, 2018 Opinion or Order Filing 34 ORDER granting #30 Motion for Paulette C. Miniter to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Denise L. Cote)(Text Only Order) (gr)
November 2, 2018 Opinion or Order Filing 33 ORDER granting #28 Motion for Romeo S. Quinto, Jr to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Denise L. Cote)(Text Only Order) (gr)
November 2, 2018 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #32 MOTION for David J. Levy to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
November 1, 2018 Filing 32 MOTION for David J. Levy to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Marsh & McLennan Companies, Inc., Marsh USA, Inc.. (Attachments: #1 Affidavit of David J. Levy, #2 Exhibit A - Certificates of Good Standing, #3 Text of Proposed Order)(Levy, David)
October 30, 2018 Filing 31 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for David J. Levy to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-15832863. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Marsh & McLennan Companies, Inc., Marsh USA, Inc.. (Attachments: #1 Affidavit of David J. Levy, #2 Exhibit A - Certificates of Good Standing, #3 Text of Proposed Order)(Levy, David) Modified on 10/30/2018 (jc).
October 30, 2018 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #31 MOTION for David J. Levy to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-15832863. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): expired Certificate of Good Standing from New York. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Attorney Affidavit - attach Proposed Order. (jc)
October 25, 2018 Filing 30 MOTION for Paulette C. Miniter to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Xavian Holdings, Inc., Xavian Insurance Company. (Attachments: #1 Supplement, #2 Supplement, #3 Text of Proposed Order)(Krabill, Kent)
October 25, 2018 Filing 29 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Paulette C. Miniter to Appear Pro Hac Vice . Filing fee of $200.00 paid, receipt no. ANYSDC-15803767. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Xavian Holdings, Inc., Xavian Insurance Company. (Attachments: #1 Supplement, #2 Supplement, #3 Text of Proposed Order)(Krabill, Kent) Modified on 10/25/2018 (ma). Modified on 10/25/2018 (jc).
October 25, 2018 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #29 MOTION for Paulette C. Miniter to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): ALL DOCUMENTS MUST HAVE THE ORIGINAL INK SIGNATURE OF THE ATTORNEY SEEKING TO APPEAR PRO HAC VICE AND THE FILING FEE OF $200.00 IS REQUIRED.;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (ma)
October 25, 2018 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #30 MOTION for Paulette C. Miniter to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ma)
October 24, 2018 Filing 28 MOTION for Romeo S. Quinto, Jr. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-15800705. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Marsh & McLennan Companies, Inc., Marsh USA, Inc.. (Attachments: #1 Affidavit of Romeo S. Quinto, Jr., #2 Exhibit A - Certificates of Good Standing, #3 Text of Proposed Order)(Quinto, Romeo)
October 24, 2018 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #28 MOTION for Romeo S. Quinto, Jr. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-15800705. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
October 9, 2018 Opinion or Order Filing 27 ORDER granting Defendants' #26 Letter Motion for Extension of Time to Answer up to and including 11/26/2108. (Signed by Judge Denise L. Cote on 10/9/2018) (gr)
October 9, 2018 Filing 26 LETTER MOTION for Extension of Time to File Answer re: #25 Amended Complaint, addressed to Judge Denise L. Cote from Michael C. D'Agostino dated October 9, 2018. Document filed by Marsh & McLennan Companies, Inc., Marsh USA, Inc..(D'Agostino, Michael)
October 1, 2018 Filing 25 FIRST AMENDED COMPLAINT amending #1 Complaint, against Marsh & McLennan Companies, Inc., Marsh USA, Inc. with JURY DEMAND.Document filed by Xavian Insurance Company, Xavian Holdings, Inc.. Related document: #1 Complaint,. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Akin, Christopher)
September 27, 2018 Filing 24 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Marsh & McLennan Companies Inc. for Marsh USA, Inc.. Document filed by Marsh & McLennan Companies, Inc., Marsh USA, Inc..(D'Agostino, Michael)
September 27, 2018 Filing 23 NOTICE OF APPEARANCE by Kimberley Elizabeth Lunetta on behalf of Marsh & McLennan Companies, Inc., Marsh USA, Inc.. (Lunetta, Kimberley)
September 27, 2018 Filing 22 NOTICE OF APPEARANCE by Michael C. D'Agostino on behalf of Marsh & McLennan Companies, Inc., Marsh USA, Inc.. (D'Agostino, Michael)
September 21, 2018 Filing 21 AFFIDAVIT OF SERVICE of Notice of Initial Pretrial Conference served on Marsh & McLennan Companies, Inc. and Marsh USA, Inc. on September 17, 2018. Service was made by Mail. Document filed by Xavian Holdings, Inc., Xavian Insurance Company. (Demay, Brendon)
September 14, 2018 Filing 20 NOTICE OF INITIAL PRETRIAL CONFERENCE (Notice) Initial Conference set for 11/30/2018 at 02:30 PM in Courtroom 18B, 500 Pearl Street, New York, NY 10007 before Judge Denise L. Cote.(Please follow the procedures set forth in the Notice.) (Signed by Judge Denise L. Cote on 9/14/2018) (gr)
September 14, 2018 Filing 19 AFFIDAVIT OF SERVICE. Marsh USA, Inc. served on 9/13/2018, answer due 10/4/2018. Document filed by Xavian Insurance Company; Xavian Holdings, Inc.. (Demay, Brendon)
September 14, 2018 Filing 18 AFFIDAVIT OF SERVICE. Marsh & McLennan Companies, Inc. served on 9/13/2018, answer due 10/4/2018. Document filed by Xavian Insurance Company; Xavian Holdings, Inc.. (Demay, Brendon)
September 13, 2018 Opinion or Order Filing 17 ORDER granting #11 Motion for Kent D. Krabill to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Denise L. Cote)(Text Only Order) (Cote, Denise)
September 13, 2018 Opinion or Order Filing 16 ORDER granting #10 Motion for John Volney to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Denise L. Cote)(Text Only Order) (Cote, Denise)
September 13, 2018 Opinion or Order Filing 15 ORDER granting #9 Motion for Michael Kalis to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Denise L. Cote)(Text Only Order) (Cote, Denise)
September 13, 2018 Opinion or Order Filing 14 ORDER granting #8 Motion for Christopher J. Akin to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Denise L. Cote)(Text Only Order) (Cote, Denise)
September 13, 2018 Filing 13 ELECTRONIC SUMMONS ISSUED as to Marsh USA, Inc.. (dnh)
September 13, 2018 Filing 12 ELECTRONIC SUMMONS ISSUED as to Marsh & McLennan Companies, Inc.. (dnh)
September 13, 2018 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #9 MOTION for Michael Kalis to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15561763. Motion and supporting papers to be reviewed by Clerk's Office staff., #8 MOTION for Christopher J. Akin to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15561707. Motion and supporting papers to be reviewed by Clerk's Office staff., #11 MOTION for Kent D. Krabill to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15561854. Motion and supporting papers to be reviewed by Clerk's Office staff., #10 MOTION for John Volney to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15561785. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
September 12, 2018 Filing 11 MOTION for Kent D. Krabill to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15561854. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Xavian Holdings, Inc., Xavian Insurance Company. (Attachments: #1 Declaration in Support, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order)(Krabill, Kent)
September 12, 2018 Filing 10 MOTION for John Volney to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15561785. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Xavian Holdings, Inc., Xavian Insurance Company. (Attachments: #1 Declaration in Support, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order)(Volney, John)
September 12, 2018 Filing 9 MOTION for Michael Kalis to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15561763. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Xavian Holdings, Inc., Xavian Insurance Company. (Attachments: #1 Declaration in Support, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order)(Kalis, Michael)
September 12, 2018 Filing 8 MOTION for Christopher J. Akin to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15561707. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Xavian Holdings, Inc., Xavian Insurance Company. (Attachments: #1 Declaration in Support, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order)(Akin, Christopher)
September 12, 2018 Filing 7 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Christopher J. Akin to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15558818. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Xavian Holdings, Inc., Xavian Insurance Company. (Attachments: #1 Declaration in Support, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order)(Akin, Christopher) Modified on 9/12/2018 (bcu).
September 12, 2018 Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to Marsh USA, Inc., re: #1 Complaint,. Document filed by Xavian Holdings, Inc., Xavian Insurance Company. (Demay, Brendon)
September 12, 2018 Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Marsh & McLennan Companies, Inc., re: #1 Complaint,. Document filed by Xavian Holdings, Inc., Xavian Insurance Company. (Demay, Brendon)
September 12, 2018 Magistrate Judge Kevin Nathaniel Fox 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. (pc)
September 12, 2018 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Denise L. Cote. 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. (pc)
September 12, 2018 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #7 MOTION for Christopher J. Akin to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15558818. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Texas;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (bcu)
September 12, 2018 Case Designated ECF. (pc)
September 12, 2018 ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Brendon Demay to RE-FILE Document No. #3 Request for Issuance of Summons,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; Each summons must be filed separately. Or you can use one summons form and list each party on a separate rider. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pc)
September 11, 2018 Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Xavian Holdings, Inc. for Xavian Insurance Company. Document filed by Xavian Holdings, Inc., Xavian Insurance Company.(Demay, Brendon)
September 11, 2018 Filing 3 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Marsh & Mclennan Companies, Inc. and Marsh USA, Inc., re: #1 Complaint,. Document filed by Xavian Holdings, Inc., Xavian Insurance Company. (Demay, Brendon) Modified on 9/12/2018 (pc).
September 11, 2018 Filing 2 CIVIL COVER SHEET filed. (Demay, Brendon)
September 11, 2018 Filing 1 COMPLAINT against Marsh & McLennan Companies, Inc., Marsh USA, Inc.. (Filing Fee $ 400.00, Receipt Number 0208-15556381)Document filed by Xavian Insurance Company, Xavian Holdings, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Demay, Brendon)

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Search for this case: Xavian Insurance Company et al v. Marsh & McLennan Companies, Inc. et al
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Defendant: Marsh USA, Inc.
Represented By: Kimberley Elizabeth Lunetta
Represented By: Michael C. D'Agostino
Represented By: David J. Levy
Represented By: Romeo S. Quinto, Jr
Represented By: Kimberley E. Lunetta
Represented By: Maryann Zaki
Represented By: Jillian Rae Harris
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Defendant: Marsh & McLennan Companies, Inc.
Represented By: Kimberley Elizabeth Lunetta
Represented By: Michael C. D'Agostino
Represented By: David J. Levy
Represented By: Romeo S. Quinto, Jr
Represented By: Kimberley E. Lunetta
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Plaintiff: Xavian Insurance Company
Represented By: Brendon Demay
Represented By: Kent D. Krabill
Represented By: Christopher J Akin
Represented By: John Volney
Represented By: Michael Kalis
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Plaintiff: Xavian Holdings, Inc.
Represented By: Brendon Demay
Represented By: Kent D. Krabill
Represented By: Christopher J Akin
Represented By: John Volney
Represented By: Michael Kalis
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