Liberty Insurance Corporation v. First Specialty Insurance Corporation et al
| Liberty Insurance Corporation |
| First Specialty Insurance Corporation, CACTUS HOLDINGS, INC. and Western Beef Retail, Inc. |
| 1:2018cv10660 |
| November 15, 2018 |
| US District Court for the Southern District of New York |
| Lorna G Schofield |
| Insurance |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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This docket was last retrieved on January 11, 2019. A more recent docket listing may be available from PACER.
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| Filing 37 MOTION to Dismiss . Document filed by Cactus Holdings, Inc., Western Beef Retail, Inc.. Responses due by 2/1/2019 (Attachments: #1 Memorandum of Law, #2 Kelton Declaration, #3 Exhibit A - Complaint from Underlying Action, #4 Exhibit B - Cross-Claim in Underlying Action, #5 Exhibit C - Lease, #6 Exhibit D - Printout from NY Division of Corporations, #7 Exhibit E - Printout from NY Division of Corporations)(Kelton, Justin) |
| Filing 36 NOTICE OF APPEARANCE by Anthony Joseph Genovesi, Jr on behalf of Cactus Holdings, Inc., Western Beef Retail, Inc.. (Genovesi, Anthony) |
Filing 35
ORDER granting #33 Motion for Michael Haskell Passman to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (jcs)
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Filing 34
ORDER granting #32 Motion for Theresa Marie Carroll to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (jcs)
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| Filing 33 MOTION for Michael Haskell Passman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16150029. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by First Specialty Insurance Corporation. (Attachments: #1 Affidavit in Support of of Pro Hac Vice Motion, #2 Exhibit Certificate of Admission to the Bar of Illinois, #3 Text of Proposed Order Proposed Order on Motion for Admission Pro Hac Vice of Michael H. Passman)(Passman, Michael) |
| Filing 32 MOTION for Theresa Marie Carroll to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16149470. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by First Specialty Insurance Corporation. (Attachments: #1 Affidavit in Support of Motion for Pro Hac Vice, #2 Exhibit Illinois Certificate of Good Standing, #3 Exhibit Missouri Certificate of Good Standing, #4 Exhibit New Jersey Certificate of Good Standing, #5 Exhibit Pennsylvania Certificate of Good Standing, #6 Text of Proposed Order)(Carroll, Theresa) |
| Filing 31 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Theresa Marie Carroll to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by First Specialty Insurance Corporation. (Attachments: #1 Affidavit in Support of Pro Hac Vice Motion, #2 Exhibit Missouri Certificate of Good Standing, #3 Exhibit New Jersey Certificate of Good Standing, #4 Exhibit Pennsylvania Certificate of Good Standing, #5 Exhibit Illinois Certificate of Good Standing)(Carroll, Theresa) Modified on 1/7/2019 (wb). |
| Filing 30 AFFIDAVIT OF SERVICE of Answer to Counterclaim served on First Specialty Insurance Company, Western Beef Retail, inc., and Cactus Holdings, Inc. on January 4, 2018. Service was made by Mail. Document filed by Liberty Insurance Corporation. (Potashner, Marshall) |
| Filing 29 ANSWER to #19 Counterclaim. Document filed by Liberty Insurance Corporation.(Potashner, Marshall) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #32 MOTION for Theresa Marie Carroll to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16149470. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (jc) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #33 MOTION for Michael Haskell Passman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16150029. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (jc) |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #31 MOTION for Theresa Marie Carroll 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): missing Proposed Order;. 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) |
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Filing 28
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. Amended Pleadings due by 1/31/2019. Joinder of Parties due by 1/31/2019. Deposition due by 4/30/2019. Fact Discovery due by 4/30/2019. This case is not to be tried to a jury. Best estimate of the length of trial is 3 days. Pre-Motion Conference set for 6/4/2019 at 11:00 AM before Judge Lorna G. Schofield.The Clerk of Court is directed to enter the dates under paragraphs 5, 6, 8(a), 9(b)-(c) and 13(a)-(c) into the Court's calendar. (Signed by Judge Lorna G. Schofield on 1/3/2019) (tro)
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Filing 27
ORDER terminating #15 Letter Motion for Leave to File Document. It is hereby ORDERED that the initial pretrial conference is waived. The case management plan will be separately issued. If the parties believe that a conference would nevertheless be useful, they should inform the court immediately so the conference can be reinstated.The Clerk of Court is respectfully requested to close the open motion at Docket No. 15.(Signed by Judge Lorna G. Schofield on 1/3/2019) (tro)
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Filing 26
ORDER: ORDERED that the parties shall file the joint status letter and proposed case management plan as soon as possible and no later than January 3, 2019. (Signed by Judge Lorna G. Schofield on 1/02/2019) (ama)
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| Filing 25 STATUS REPORT. Joint by the Parties. Document filed by Liberty Insurance Corporation. (Attachments: #1 Text of Proposed Order Proposed Civil Case Management Plan and Scheduling Order)(Potashner, Marshall) |
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Filing 24
ORDER: Defendants shall file their motion on January 11, 2019. Plaintiff shall respond to this motion by February 1, 2019. Any reply to the pending motion to dismiss shall be filed by February 15, 2019. (As further set forth in this Order.) (Motions due by 1/11/2019., Responses due by 2/1/2019, Replies due by 2/15/2019.) (Signed by Judge Lorna G. Schofield on 12/21/2018) (cf)
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| Filing 23 AMENDED RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent CACTUS HOLDINGS, INC. for Western Beef Retail, Inc.. Document filed by Cactus Holdings, Inc., Western Beef Retail, Inc..(Kelton, Justin) |
| Filing 22 LETTER RESPONSE in Opposition to Motion addressed to Judge Lorna G. Schofield from Marshall T. Potashner dated December 19, 2018 re: #15 LETTER MOTION for Leave to File Motion to Dismiss Pre-Motion Letter pursuant to Rule III.C(2) of the Courts Individual Rules addressed to Judge Lorna G. Schofield from Defendants Western Beef Retail, Inc. and Cactus Holdings, Inc. dated 12/1 (Amended to Fix Typo On Heading). Document filed by Liberty Insurance Corporation. (Potashner, Marshall) |
| Filing 21 LETTER RESPONSE in Opposition to Motion addressed to Judge Lorna G. Schofield from Marshall T. Potashner dated December 19, 2018 re: #15 LETTER MOTION for Leave to File Motion to Dismiss Pre-Motion Letter pursuant to Rule III.C(2) of the Courts Individual Rules addressed to Judge Lorna G. Schofield from Defendants Western Beef Retail, Inc. and Cactus Holdings, Inc. dated 12/1 . Document filed by Liberty Insurance Corporation. (Potashner, Marshall) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Justin Tyler Kelton to RE-FILE Document #20 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 20 FILING ERROR - CORPORATE PARENT/OTHER AFFILIATE NOT ADDED - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Cactus Holdings, Inc., Western Beef Retail, Inc..(Kelton, Justin) Modified on 12/19/2018 (lb). |
| Filing 19 ANSWER to #1 Complaint., COUNTERCLAIM against Liberty Insurance Corporation. Document filed by First Specialty Insurance Corporation. (Attachments: #1 Exhibit Policy)(Weinstock, Gregg) |
| Filing 18 FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Swiss Re Ltd., Corporate Parent SR Corporate Solutions America Holding Corporation, Corporate Parent swiss re corporate solutions ltd., Corporate Parent Westport Insurance Corporation for First Specialty Insurance Corporation. Document filed by First Specialty Insurance Corporation.(Weinstock, Gregg) |
| Filing 17 MEMO ENDORSEMENT on re: #15 LETTER MOTION for Leave to File Motion to Dismiss Pre-Motion Letter pursuant to Rule III.C(2) of the Courts Individual Rules addressed to Judge Lorna G. Schofield from Defendants Western Beef Retail, Inc. and Cactus Holdings, Inc. dated 12/1 filed by Western Beef Retail, Inc., Cactus Holdings, Inc. ENDORSEMENT: By January 3, 2019, Plaintiff shall file a response letter in accordance with the Court's Individual Rule III.A.1. (Responses due by 1/3/2019) (Signed by Judge Lorna G. Schofield on 12/17/2018) (cf) |
| Filing 16 PROPOSED STIPULATION AND ORDER. Document filed by First Specialty Insurance Corporation. (Weinstock, Gregg) |
| Filing 15 LETTER MOTION for Leave to File Motion to Dismiss Pre-Motion Letter pursuant to Rule III.C(2) of the Courts Individual Rules addressed to Judge Lorna G. Schofield from Defendants Western Beef Retail, Inc. and Cactus Holdings, Inc. dated 12/14/2018. Document filed by Cactus Holdings, Inc., Western Beef Retail, Inc..(Kelton, Justin) |
| Filing 14 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - PROPOSED ORDER. Document filed by First Specialty Insurance Corporation. (Weinstock, Gregg) Proposed Order to be reviewed by Clerk's Office staff. Modified on 12/14/2018 (km). |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Gregg Weinstock to RE-FILE Document #14 Proposed Order. Use the event type found Other Filings, Proposed Orders, Proposed Stipulation and Order. (km) |
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Filing 13
ORDER: Initial Conference set for 1/8/2019 at 11:00 AM in Courtroom 1106, Thurgood Marshal Courthouse, 40 Foley Square, New York, NY 10007 before Judge Lorna G. Schofield. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 11/28/2018) (cf)
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| Filing 12 AFFIDAVIT OF SERVICE of Summons and Complaint. Cactus Holdings, Inc. served on 11/26/2018, answer due 12/17/2018. Service was accepted by Sue Zouky, Office of the New York Secretary of State. Document filed by Liberty Insurance Corporation. (Attachments: #1 Second Notice, #2 Affidavit of Service)(Potashner, Marshall) |
| Filing 11 AFFIDAVIT OF SERVICE of Summons and Complaint. Western Beef Retail, Inc. served on 11/26/2018, answer due 12/17/2018. Service was accepted by Sue Zouky, NY State Secretary of State Office. Document filed by Liberty Insurance Corporation. (Attachments: #1 Second Notice, #2 Affidavit of Service)(Potashner, Marshall) |
| Filing 10 AFFIDAVIT OF SERVICE of Summons and Complaint. First Specialty Insurance Corporation served on 11/26/2018, answer due 12/17/2018. Service was accepted by Bradley Rice, Esq. of NY State Department of Financial Services. Document filed by Liberty Insurance Corporation. (Attachments: #1 Second Notice, #2 Affidavit of Service)(Potashner, Marshall) |
| Filing 9 ELECTRONIC SUMMONS ISSUED as to Western Beef Retail, Inc.. (jgo) |
| Filing 8 ELECTRONIC SUMMONS ISSUED as to First Specialty Insurance Corporation. (jgo) |
| Filing 7 ELECTRONIC SUMMONS ISSUED as to Cactus Holdings, Inc.. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Marshall Todd Potashner. The following case opening statistical information was erroneously selected/entered: Cause of Action code 05:8705; Citizenship Plaintiff code 2 (Citizen of Another State); Citizenship Defendant code 1 (Citizen of This State); County code Albany;. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 28:1332; the Citizenship Plaintiff code has been modified to 5 (Incorporated/Principal Place of Business-Other State); the Citizenship Defendant code has been modified to 4 (Incorporated/Principal Place of Business-This State); the County code has been modified to Suffolk;. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lorna G. Schofield. 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) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Marshall Todd Potashner. The party information for the following party/parties has been modified: Cactus Holdings, Inc.. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps;. (jgo) |
| Magistrate Judge Sarah Netburn 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 REQUEST FOR ISSUANCE OF SUMMONS as to Cactus Holdings, Inc., re: #1 Complaint. Document filed by Liberty Insurance Corporation. (Potashner, Marshall) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Western Beef Retail, Inc., re: #1 Complaint. Document filed by Liberty Insurance Corporation. (Potashner, Marshall) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to First Specialty Insurance Corporation, re: #1 Complaint. Document filed by Liberty Insurance Corporation. (Potashner, Marshall) |
| Filing 3 CIVIL COVER SHEET filed. (Potashner, Marshall) |
| Filing 2 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Liberty Mutual Insurance Company, Corporate Parent LMHC Massachusetts Holding Inc., Corporate Parent Liberty Mutual Group Inc., Corporate Parent Liberty Mutual Holding Company Inc. for Liberty Insurance Corporation. Document filed by Liberty Insurance Corporation.(Potashner, Marshall) |
| Filing 1 COMPLAINT against CACTUS HOLDINGS, INC., First Specialty Insurance Corporation, Western Beef Retail, Inc.. (Filing Fee $ 400.00, Receipt Number ANYSDC-15918205)Document filed by Liberty Insurance Corporation.(Potashner, Marshall) |
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