Pacheco et al v. Arch Insurance Company et al
| Michael McLaughlin and Maria Pacheco |
| Arch Specialty Insurance Company and Arch Insurance Company |
| 1:2019cv00277 |
| January 10, 2019 |
| US District Court for the Southern District of New York |
| Paul G Gardephe |
| Insurance |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 2, 2019. A more recent docket listing may be available from PACER.
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| CASE REMANDED OUT from the U.S.D.C. Southern District of New York to the State Court - Supreme Court of the State of New York, County of New York. Sent certified copy of docket entries and remand order. Mailed via UPS Tracking Number 1Z E22 E53 22 1002 742 7 on 9/4/2019. (js) |
Filing 22
ORDER granting #10 Motion to Remand to State Court. For the reasons stated above, Plaintiffs' motion to remand is granted. The Clerk of Court is directed to terminate the motion (Dkt. No. 10), transfer this matter to the Supreme Court of the State of New York, New York County, and close this case. So Ordered. (Signed by Judge Paul G. Gardephe on 8/30/2019) (js) Transmission to Docket Assistant Clerk for processing.
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Filing 21
STIPULATION AND ORDER OF VOLUNTARY DISMISSAL WITH PREJUDICE PURSUANT TO F.R.C.P. 41(a)(1)(A)(ii) AS TO ARCH INSURANCE COMPANY ONLY: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, the attorneys of records for the parties herein, that whereas no patty hereto is an infant or incompetent person for whom a committee has been appointed and no person not a party has an interest in the subject matter of the above entitled action, that all claims and cross claims and counterclaims that have or could have been asserted as between plaintiffs and defendant Arch Insurance Company only are hereby dismissed, with prejudice, and without costs or fees awarded to either patty pursuant to Federal Rules of Civil Procedure 41(a)(1)(A)(ii). IT IS FURTHER STIPULATED AND AGREED, that the action against Arch Specialty Insurance Company shall continue. IT IS FURTHER STIPULATED AND AGREED, that this Stipulation may be filed with the Clerk of the Court without further notice. So ordered. Arch Insurance Company terminated. (Signed by Judge Paul G. Gardephe on 7/20/2019) (rjm)
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| Filing 20 PROPOSED STIPULATION AND ORDER. Document filed by Michael McLaughlin, Maria Pacheco. (Hansen, Daniel) |
| Filing 19 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - NOTICE OF VOLUNTARY DISMISSAL, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, with prejudice and without costs against the defendant(s) Arch Insurance Company. Document filed by Maria Pacheco, Michael McLaughlin. Proposed Order to be reviewed by Clerk's Office staff.. (Hansen, Daniel) Modified on 7/15/2019 (km). |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Daniel Hansen to RE-FILE Document #19 Notice of Voluntary Dismissal. Use the event type Other Filings, Proposed Orders, Proposed Stipulation and Order. (km) |
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Filing 18
ORDER granting #17 Letter Motion to Adjourn Conference. The Application is granted. SO ORDERED. (Signed by Judge Paul G. Gardephe on 4/30/2019) (jca)
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| Filing 17 LETTER MOTION to Adjourn Conference addressed to Judge Paul G. Gardephe from Jonathan Schapp dated 4/29/2019. Document filed by Arch Insurance Company, Arch Specialty Insurance Company.(Schapp, Jonathan) |
| Filing 16 REPLY AFFIRMATION of Daniel J Hansen in Support re: #10 MOTION to Remand to State Court .. Document filed by Michael McLaughlin, Maria Pacheco. (Attachments: #1 Exhibit Business Week Article re Arch Leadership, #2 Exhibit Arch Senior Management List and Locaitons, #3 Exhibit Arch Executives Located predominately in NY, #4 Exhibit Worldwide Plumbing Answer wherein Arch Admits that New York is Principal Place of Busniess, #5 Exhibit Liberty Mutual v. Dollar Tree & Arch Where in Answer Arch Admits that New York is Principal Place of Business, #6 Exhibit Wallingford Group v. Arch Insurance Notice of Removal by Arch Admitting that New York is Principal Place of Business, #7 Exhibit Kelly v.v. Arch Insurance Notice of Removal by Arch Admitting that New York is Principal Place of Business, #8 Exhibit Arch Policy section containing definition of Arch Insured, #9 Exhibit Arch Policy section containing definition of Arch Insured, #10 Exhibit Arch Policy section containing definition of Arch additional Insured)(Hansen, Daniel) |
| Filing 15 CERTIFICATE OF SERVICE of Attorney Declaration in Opposition and MOL served on Daniel J. Hansen, Esq. on March 11, 2019. Service was made by Mail. Document filed by Arch Insurance Company, Arch Specialty Insurance Company. (Schapp, Jonathan) |
| Filing 14 MEMORANDUM OF LAW in Opposition re: #10 MOTION to Remand to State Court . . Document filed by Arch Insurance Company, Arch Specialty Insurance Company. (Schapp, Jonathan) |
| Filing 13 DECLARATION of Jonathan Schapp in Opposition re: #10 MOTION to Remand to State Court .. Document filed by Arch Insurance Company, Arch Specialty Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Schapp, Jonathan) |
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Filing 12
STIPULATION AS TO BRIEFING SCHEDULE: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, being counsel of record for all parties to this action, that defendants' response to the Motion shall be due on or before March 11, 2019; plaintiffs' reply to the Motion shall be due on or before March 25, 2019. (As further set forth in this Order.) (Responses due by 3/11/2019, Replies due by 3/25/2019.) (Signed by Judge Paul G. Gardephe on 2/19/2019) (cf)
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| Filing 11 PROPOSED STIPULATION AND ORDER. Document filed by Arch Insurance Company, Arch Specialty Insurance Company. (Schapp, Jonathan) |
| Filing 10 MOTION to Remand to State Court . Document filed by Michael McLaughlin, Maria Pacheco. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D)(Hansen, Daniel) |
| Filing 9 CERTIFICATE OF SERVICE of Amended Answer served on Daniel J. Hansen, Esq. for Plaintiffs on February 7, 2019. Service was made by MAIL. Document filed by Arch Insurance Company, Arch Specialty Insurance Company. (Schapp, Jonathan) |
| Filing 8 AMENDED ANSWER to. Document filed by Arch Insurance Company, Arch Specialty Insurance Company. (Schapp, Jonathan) |
| Filing 7 ANSWER to Complaint. Document filed by Arch Insurance Company, Arch Specialty Insurance Company. (Attachments: #1 Certificate of Service)(Schapp, Jonathan) |
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Filing 6
NOTICE OF PRETRIAL CONFERENCE: Initial Conference set for 5/9/2019 at 10:45 AM in Courtroom 705, 40 Centre Street, New York, NY 10007 before Judge Paul G. Gardephe. SO ORDERED. (Signed by Judge Paul G. Gardephe on 1/14/2019) (jca)
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| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Jonathan Schapp. The following case opening statistical information was erroneously selected/entered: Dollar Demand 3,711,048,000; County code New York. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to 3,711,000; the County code has been modified to XX Out of State. (sj) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul G. Gardephe. 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. (sj) |
| Magistrate Judge Henry B. Pitman 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. (sj) |
| Case Designated ECF. (sj) |
| Filing 5 CERTIFICATE OF SERVICE of Notice of Removal and Corporate Disclosures served on Daniel J. Hansen, Esq. for Plaintiffs on January 10, 2019. Service was made by Mail. Document filed by Arch Insurance Company, Arch Specialty Insurance Company. (Schapp, Jonathan) |
| Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Arch Capital Group Ltd., Corporate Parent Arch Reinsurance Company, Corporate Parent Arch Insurance Company for Arch Specialty Insurance Company. Document filed by Arch Specialty Insurance Company.(Schapp, Jonathan) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Arch Capital Group Ltd., Corporate Parent Arch Reinsurance Company, Other Affiliate Arch Specialty Insurance Company for Arch Insurance Company. Document filed by Arch Insurance Company.(Schapp, Jonathan) |
| Filing 2 CIVIL COVER SHEET filed. (Schapp, Jonathan) |
| Filing 1 NOTICE OF REMOVAL from New York State Supreme Court, County of New York. Case Number: 654282/2018. (Filing Fee $ 400.00, Receipt Number ANYSDC-16169753).Document filed by Arch Specialty Insurance Company, Arch Insurance Company. (Attachments: #1 Exhibit Ex. A-State Court Summons and Complaint, #2 Exhibit Ex. B- Ntc from Dept of Financial Services)(Schapp, Jonathan) |
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