AXA Versicherung AG et al v. New Hampshire Insurance Company et al
| Colisee Re and AXA Versicherung AG |
| New Hampshire Insurance Company, National Union Fire Insurance Company of Pittsburgh, P.A., American International Overseas, Ltd., American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh, Pennsylvania |
| 1:2018cv09219 |
| October 9, 2018 |
| US District Court for the Southern District of New York |
| Andrew L Carter |
| Other Statutes: Arbitration |
| 09 U.S.C. § 5 |
| None |
Docket Report
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| NOTICE OF CASE REASSIGNMENT to Judge Andrew L. Carter, Jr. Judge Robert W. Sweet is no longer assigned to the case. (wb) |
| Filing 32 DECLARATION of Neal J. Moglin in Support re: #30 CROSS MOTION to Stay This Action Pending Appointment of an Umpire.. Document filed by American Home Assurance Company, American International Overseas, Ltd.(for themselves), American International Overseas, Ltd.(on behalf of certain affiliated companies), National Union Fire Insurance Company of Pittsburgh, Pennsylvania, New Hampshire Insurance Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Pence, Adam) |
| Filing 31 MEMORANDUM OF LAW in Support re: #30 CROSS MOTION to Stay This Action Pending Appointment of an Umpire. . Document filed by American Home Assurance Company, American International Overseas, Ltd.(for themselves), American International Overseas, Ltd.(on behalf of certain affiliated companies), National Union Fire Insurance Company of Pittsburgh, Pennsylvania, New Hampshire Insurance Company. (Pence, Adam) |
| Filing 30 CROSS MOTION to Stay This Action Pending Appointment of an Umpire. Document filed by American Home Assurance Company, American International Overseas, Ltd.(for themselves), American International Overseas, Ltd.(on behalf of certain affiliated companies), National Union Fire Insurance Company of Pittsburgh, Pennsylvania, New Hampshire Insurance Company.(Pence, Adam) |
| Filing 29 DECLARATION of Neal J. Moglin in Opposition re: #7 Petition (Other). Document filed by American Home Assurance Company, American International Overseas, Ltd.(for themselves), American International Overseas, Ltd.(on behalf of certain affiliated companies), National Union Fire Insurance Company of Pittsburgh, Pennsylvania, New Hampshire Insurance Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Pence, Adam) |
| Filing 28 MEMORANDUM OF LAW in Opposition re: #7 Petition (Other) . Document filed by American Home Assurance Company, American International Overseas, Ltd.(for themselves), American International Overseas, Ltd.(on behalf of certain affiliated companies), National Union Fire Insurance Company of Pittsburgh, Pennsylvania, New Hampshire Insurance Company. (Pence, Adam) |
| Filing 27 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent American International Group, Inc., Corporate Parent AIG Property Casualty International, LLC for American International Overseas, Ltd., American International Overseas, Ltd.; Corporate Parent American International Group, Inc., Corporate Parent AIG Property Casualty U.S., Inc., Corporate Parent AIG Property Casualty Inc. for American Home Assurance Company, National Union Fire Insurance Company of Pittsburgh, Pennsylvania, New Hampshire Insurance Company. Document filed by American Home Assurance Company, American International Overseas, Ltd.(for themselves), American International Overseas, Ltd.(on behalf of certain affiliated companies), National Union Fire Insurance Company of Pittsburgh, Pennsylvania, New Hampshire Insurance Company.(Pence, Adam) |
Filing 26
MEMO ENDORSEMENT on re: #24 Letter, filed by National Union Fire Insurance Company of Pittsburgh, Pennsylvania, American Home Assurance Company, New Hampshire Insurance Company, American International Overseas, Ltd. ENDORSEMENT: Time to respond is extended 1 week to December 3, 2018. SO ORDERED. (Responses due by 12/3/2018) (Signed by Judge Robert W. Sweet on 11/28/2018) (jca)
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| Filing 25 LETTER addressed to Judge Robert W. Sweet from Sean Thomas Keely dated November 27, 2018 re: Petitioners' Opposition to Respondents' Request for Extension of Time to Respond to Petition. Document filed by AXA Versicherung AG, Colisee Re.(Keely, Sean) |
| Filing 24 LETTER addressed to Judge Robert W. Sweet from Adam G. Pence dated November 26, 2018 re: Request for Extension of Time to Respond to or Moot Petition to Appoint an Arbitrator. Document filed by American Home Assurance Company, American International Overseas, Ltd.(for themselves), American International Overseas, Ltd.(on behalf of certain affiliated companies), National Union Fire Insurance Company of Pittsburgh, Pennsylvania, New Hampshire Insurance Company.(Pence, Adam) |
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Filing 23
PRETRIAL ORDER: If this action has been settled or otherwise terminated, counsel are directed to file or mail a stipulation of discontinuance, voluntary dismissal, or other proof of termination of the action prior to the date of the pretrial conference with Tsz Chan, Courtroom Clerk to Judge Sweet, Room 18C, U.S. Courthouse, 500 Pearl Street, New York, New York 10007 ; otherwise counsel are directed to appear in courtroom 18C on 2-12-19 at 12 p.m. for a pretrial conference for the purpose of discussing settlement with the court, and as further set forth in this Order. It is so Ordered. (Pretrial Conference set for 2/12/2019 at 12:00 PM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Robert W. Sweet.) (Signed by Judge Robert W. Sweet on 11/26/2018) (jca)
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Filing 22
MEMO ENDORSEMENT on re: #20 Letter, filed by National Union Fire Insurance Company of Pittsburgh, Pennsylvania, American Home Assurance Company, New Hampshire Insurance Company, American International Overseas, Ltd. Accordingly, out of an abundance of caution, Respondents respectfully submit this letter requesting a short extension of time. Respondents therefore request that this Court grant them until November 26, 2018 to respond to AXA's Petition. ENDORSEMENT: So Ordered. American Home Assurance Company answer due 11/26/2018; American International Overseas, Ltd.(for themselves) answer due 11/26/2018; American International Overseas, Ltd.(on behalf of certain affiliated companies) answer due 11/26/2018; National Union Fire Insurance Company of Pittsburgh, Pennsylvania answer due 11/26/2018; New Hampshire Insurance Company answer due 11/26/2018. (Signed by Judge Robert W. Sweet on 11/9/2018) (js)
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| Filing 21 LETTER addressed to Judge Robert W. Sweet from Sean Thomas Keely dated November 9, 2018 re: Petitioners' Response to Respondents' Request for Extension of Time to Respond to Petition. Document filed by AXA Versicherung AG, Colisee Re.(Keely, Sean) |
| Filing 20 LETTER addressed to Judge Robert W. Sweet from Adam G. Pence dated November 8, 2018 re: Request for Extension of Time to Respond to Petition to Appoint an Arbitrator. Document filed by American Home Assurance Company, American International Overseas, Ltd.(for themselves), American International Overseas, Ltd.(on behalf of certain affiliated companies), National Union Fire Insurance Company of Pittsburgh, Pennsylvania, New Hampshire Insurance Company.(Pence, Adam) |
| Filing 19 NOTICE OF APPEARANCE by Adam Gregory Pence on behalf of American Home Assurance Company, American International Overseas, Ltd.(for themselves), American International Overseas, Ltd.(on behalf of certain affiliated companies), National Union Fire Insurance Company of Pittsburgh, Pennsylvania, New Hampshire Insurance Company. (Pence, Adam) |
| CASE DECLINED AS NOT SIMILAR. Case referred as similar to 14CV5237 and declined by Judge John G. Koeltl and returned to wheel for assignment. (wb) |
| NOTICE OF CASE REASSIGNMENT to Judge Robert W. Sweet. Judge Unassigned is no longer assigned to the case. (wb) |
| Magistrate Judge Debra C. Freeman 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. (wb) |
| Filing 18 AFFIDAVIT OF SERVICE of AXA Versicherung AG and Colisee Re's Petition to Appoint an Umpire, Memorandum of Law in Support of Petition to Appoint an Umpire, Rule 7.1 Disclosure Statements For AXA Versicherung AG and Colisee Re, Civil Cover Sheet, and Summons to New Hampshire Insurance Company, American Home Assurance Company, National Union Fire Insurance Company of Pittsburgh, Pennsylvania and American International Overseas, Ltd. served on Foley & Lardner LLP, Counsel for Respondents New Hampshire Insurance Company, American Home Assurance Company, National Union Fire Insurance Company of Pittsburgh, Pennsylvania and American International Overseas, Ltd. on October 24, 2018. Service was accepted by Nicholas H. Rosinia, Esq., Counsel for Respondents. Document filed by AXA Versicherung AG, Colisee Re. (Keely, Sean) |
| Filing 17 ELECTRONIC SUMMONS ISSUED as to American International Overseas, Ltd. (dnh) |
| Filing 16 CIVIL COVER SHEET filed. (Keely, Sean) |
| Filing 15 REQUEST FOR ISSUANCE OF SUMMONS as to American International Overseas, Ltd., re: #7 Petition (Other). Document filed by AXA Versicherung AG, Colisee Re. (Keely, Sean) |
| ADD PARTY FOR PLEADING. Defendants/Respondents American International Overseas, Ltd. added. Party added pursuant to #7 Petition (Other).Document filed by AXA Versicherung AG, Colisee Re, American International Overseas, Ltd.. Related document: #7 Petition (Other).(Keely, Sean) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Sean Thomas Keely. The party information for the following party/parties has been modified: AXA Versicherung AG, Colisee Re. The information for the party/parties has been modified for the following reason/reasons: alias party name was omitted. (pc) |
| Filing 14 ELECTRONIC SUMMONS ISSUED as to National Union Fire Insurance Company of Pittsburgh, Pennsylvania. (dnh) |
| Filing 13 ELECTRONIC SUMMONS ISSUED as to American Home Assurance Company. (dnh) |
| Filing 12 ELECTRONIC SUMMONS ISSUED as to New Hampshire Insurance Company. (dnh) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (dnh) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Sean Thomas Keely. The following case opening statistical information was erroneously selected/entered: County code New York. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State. (dnh) |
| Case Designated ECF. (dnh) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Sean Thomas Keely. The party information for the following party/parties has been modified: AXA Versicherung AG; Colisee Re; National Union Fire Insurance Company of Pittsburgh, P.A. American International Overseas, Ltd.. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party text was omitted. (dnh) |
| CASE REFERRED TO Judge John G. Koeltl as possibly similar to 14-cv-5237. (dnh) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT RELATED CASE STATEMENT. Notice to attorney Sean Thomas Keely to Document No. #6 Statement of Relatedness,. The filing is deficient for the following reason(s): Statement of relatedness does not need to be filed if the case related is closed. (pc) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Sean Thomas Keely to RE-FILE Document No. #5 Civil Cover Sheet. The filing is deficient for the following reason(s): Related case number is a closed case and must only be included on the top half of the first page of the 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. (pc) |
| Filing 11 REQUEST FOR ISSUANCE OF SUMMONS as to National Union Fire Insurance Company of Pittsburgh, Pennsylvania, re: #7 Petition (Other). Document filed by AXA Versicherung AG, Colisee Re. (Keely, Sean) |
| Filing 10 REQUEST FOR ISSUANCE OF SUMMONS as to American Home Assurance Company, re: #7 Petition (Other). Document filed by AXA Versicherung AG, Colisee Re. (Keely, Sean) |
| Filing 9 REQUEST FOR ISSUANCE OF SUMMONS as to New Hampshire Insurance Company, re: #7 Petition (Other). Document filed by AXA Versicherung AG, Colisee Re. (Keely, Sean) |
| Filing 8 MEMORANDUM OF LAW re: #7 Petition (Other) TO APPOINT AN UMPIRE. Document filed by AXA Versicherung AG, Colisee Re. (Keely, Sean) |
| Filing 7 PETITION TO APPOINT AN UMPIRE..Document filed by AXA Versicherung AG, Colisee Re. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Keely, Sean) Modified on 10/18/2018 (dnh). Modified on 10/19/2018 (pc). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Sean Thomas Keely to RE-FILE Document No. #1 Petition to Appoint Arbitrator. The filing is deficient for the following reason(s): the wrong event type was used to file the pleading. Re-file the pleading using the event type Petition Other 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. If the deficiency/deficiencies are not corrected within five (5) days per Amended Standing Order 15-mc-00131 this case will be administratively closed. Initial Pleading due by 10/15/2018. (sj) |
| Filing 6 FILING ERROR - DEFICIENT PLEADING - PDF ERROR - STATEMENT OF RELATEDNESS re: that this action be filed as related to 14-cv-5237 (JGK). Document filed by AXA Versicherung AG, Colisee Re.(Keely, Sean) Modified on 10/18/2018 (pc). |
| Filing 5 FILING ERROR - DEFICIENT PLEADING - PDF ERROR - CIVIL COVER SHEET filed. (Keely, Sean) Modified on 10/18/2018 (pc). |
| Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent AXA for Colisee Re. Document filed by AXA Versicherung AG, Colisee Re.(Keely, Sean) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate AXA. S.A., Other Affiliate AXA Konzern AG, Other Affiliate AXA Assurances IARD Mutuelle for AXA Versicherung AG. Document filed by AXA Versicherung AG, Colisee Re.(Keely, Sean) |
| Filing 2 MEMORANDUM OF LAW re: #1 Petition to Appoint Arbitrator, . Document filed by AXA Versicherung AG, Colisee Re. (Keely, Sean) |
| Filing 1 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - PETITION TO APPOINT ARBITRATOR. (Filing Fee $ 400.00, Receipt Number ANYSDC-15697026).Document filed by AXA Versicherung AG, Colisee Re. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D)(Keely, Sean) Modified on 10/10/2018 (sj). |
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