Werner v. Marsh USA Inc.
| Daniel B Werner |
| Marsh USA Inc. |
| 1:2018cv10605 |
| November 14, 2018 |
| US District Court for the Southern District of New York |
| Denise L Cote |
| Contract: Other |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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This docket was last retrieved on January 9, 2019. A more recent docket listing may be available from PACER.
| Document Text |
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Filing 21
ORDER: On January 8, 2019, defendant filed a motion to dismiss the complaint pursuant to Rules 12(b)(1) and 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 February 1, 2019. 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 February 1, 2019. Defendants reply, if any, shall be filed by February 8, 2019.....IT IS FURTHER ORDERED that the initial pretrial conference scheduled for February 15, 2019 is adjourned sine die. (Signed by Judge Denise L. Cote on 1/9/2019) (gr)
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| Filing 20 MEMORANDUM OF LAW in Support re: #17 MOTION to Dismiss the Complaint, or in the Alternative, to Transfer Venue Under 28 U.S.C. 1404(a). . Document filed by Marsh USA Inc.. (Boyle, Patrick) |
| Filing 19 DECLARATION of Daniel N. Deighton in Support re: #17 MOTION to Dismiss the Complaint, or in the Alternative, to Transfer Venue Under 28 U.S.C. 1404(a).. Document filed by Marsh USA Inc.. (Boyle, Patrick) |
| Filing 18 DECLARATION of Patrick J. Boyle in Support re: #17 MOTION to Dismiss the Complaint, or in the Alternative, to Transfer Venue Under 28 U.S.C. 1404(a).. Document filed by Marsh USA Inc.. (Attachments: #1 Exhibit 1)(Boyle, Patrick) |
| Filing 17 MOTION to Dismiss the Complaint, or in the Alternative, to Transfer Venue Under 28 U.S.C. 1404(a). Document filed by Marsh USA Inc..(Boyle, Patrick) |
| Filing 16 NOTICE OF APPEARANCE by Michael Matthew Agosta on behalf of Marsh USA Inc.. (Agosta, Michael) |
| Filing 15 ENDORSED LETTER addressed to Judge Denise L. Cote from Patrick J. Boyle dated December 14, 2018 re: requesting an adjournment of the 1/18/2019 initial conference. ENDORSEMENT: The conference is adjourned to 2/15/19 at 4:00 pm.(Courtroom 18B, 500 Pearl Street, New York, NY 10007 before Judge Denise L. Cote.) (Signed by Judge Denise L. Cote on 12/14/2018) (gr) |
| Filing 14 LETTER MOTION to Adjourn Conference addressed to Judge Denise L. Cote from Patrick J. Boyle dated December 14, 2018. Document filed by Marsh USA Inc..(Boyle, Patrick) |
| Filing 13 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Marsh & McLennan Companies, Inc. for Marsh USA Inc.. Document filed by Marsh USA Inc..(Boyle, Patrick) |
| Filing 12 AFFIDAVIT OF SERVICE of Notice of Initial Conference and Individual Rules of Honorable Judge Denise L. Cote served on Marsh USA Inc. on 11/30/2018. Service was accepted by Patrick Boyle. Document filed by Daniel B Werner. (Lennon, Kevin) |
| Filing 11 NOTICE OF INITIAL PRETRIAL CONFERENCE (Notice) Initial Conference set for 1/18/2019 at 11:00 AM 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 11/28/2018) (gr) |
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Filing 10
ORDER granting #9 Letter Motion for Extension of Time to Respond to the complaint by 1/8/2019. (Signed by Judge Denise L. Cote on 11/28/2018) (gr)
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| Set/Reset Deadline: Defendant's time to respond to the complaint due 1/8/2019 (gr) |
| Filing 9 LETTER MOTION for Extension of Time to File Response/Reply as to #6 Complaint addressed to Judge Denise L. Cote from Patrick J. Boyle dated November 27, 2018. Document filed by Marsh USA Inc..(Boyle, Patrick) |
| Filing 8 NOTICE OF APPEARANCE by Patrick John Boyle on behalf of Marsh USA Inc.. (Boyle, Patrick) |
| Filing 7 AFFIDAVIT OF SERVICE of Summons and Complaint. Marsh USA Inc. served on 11/16/2018, answer due 12/7/2018. Service was accepted by Douglas Stevens - Senior Assistant General Counsel. Document filed by Daniel B Werner. (Lennon, Kevin) |
| Filing 6 COMPLAINT against Marsh USA Inc.. Document filed by Daniel B Werner. (Attachments: #1 Exhibit Agreement, #2 Exhibit Marsh Cancellation)(Skoufalos, Stephan) |
| Filing 5 ELECTRONIC SUMMONS ISSUED as to Marsh USA Inc.. (pne) |
| Magistrate Judge Robert W. Lehrburger 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 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. (pne) |
| Case Designated ECF. (pne) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Kevin John Lennon to RE-FILE Document No. #1 Complaint,. The filing is deficient for the following reason(s): the pleading was not signed by the filing attorney. 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 CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Kevin John Lennon. The following case opening statistical information was erroneously selected/entered: Dollar Demand $75,000,000; County code Albany. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to $75,000; the County code has been modified to XX Out of State. (pne) |
| Filing 4 NOTICE OF APPEARANCE by Stephan Skoufalos on behalf of Daniel B Werner. (Skoufalos, Stephan) |
| Filing 3 CIVIL COVER SHEET filed. (Lennon, Kevin) |
| Filing 2 REQUEST FOR ISSUANCE OF SUMMONS as to Marsh USA Inc., re: #1 Complaint. Document filed by Daniel B Werner. (Lennon, Kevin) |
| Filing 1 FILING ERROR - DEFICIENT PLEADING - SIGNATURE ERROR - COMPLAINT against Marsh USA Inc.. (Filing Fee $ 400.00, Receipt Number ANYSDC-15909788)Document filed by Daniel B Werner. (Attachments: #1 Exhibit Parties Agreement, #2 Exhibit Marsh Cancellation)(Lennon, Kevin) Modified on 11/15/2018 (pne). |
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| Defendant: Marsh USA Inc. | |
| Represented By: | Patrick John Boyle |
| Represented By: | Michael Matthew Agosta |
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| Plaintiff: Daniel B Werner | |
| Represented By: | Kevin John Lennon |
| Represented By: | Stephan Skoufalos |
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