Caldwell & Walsh Building Construction, Inc. v. Harleysville Worcester Insurance Company et al
Plaintiff: Caldwell & Walsh Building Construction, Inc.
Defendant: Harleysville Worcester Insurance Company and Peerless Insurance Company
Case Number: 1:2019cv01194
Filed: February 7, 2019
Court: US District Court for the Southern District of New York
Presiding Judge: Vernon S Broderick
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. § 1332 nr
Jury Demanded By: None
Docket Report

This docket was last retrieved on February 25, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 25, 2019 Opinion or Order Filing 18 STIPULATION OF DISCONTINUANCE: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, that all claims including all claims seeking recovery of attorneys' fees and other costs incurred in prosecuting the instant action by plaintiff against defendant HARLEYVILLE WORCESTER INSURANCE COMPANY shall be, and hereby are, dismissed, with prejudice. IT IS FURTHER STIPULATED AND AGREED, that this stipulation may be executed in counterparts, and a facsimile, copied, or emailed signature shall be deemed an original. The Clerk of Court is respectfully directed to close this case. SO ORDERED. (Signed by Judge Vernon S. Broderick on 2/25/2019) (kv)
February 25, 2019 Filing 17 PROPOSED STIPULATION AND ORDER. Document filed by Caldwell & Walsh Building Construction, Inc.. (Sestito, Maria)
February 20, 2019 Opinion or Order Filing 16 STIPULATION: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, that all claims seeking recovery of attorneys' fees and other costs incurred in prosecuting the instant action by plaintiff against defendant PEERLESS INSURANCE COMP ANY shall be, and hereby are, dismissed, with prejudice. IT IS FURTHER STIPULATED AND AGREED that this stipulation may be executed in counterparts, and a facsimile, copied, or emailed signature shall be deemed an original. SO ORDERED. (Peerless Insurance Company terminated.) (Signed by Judge Vernon S. Broderick on 2/20/2019) (anc)
February 19, 2019 Filing 15 PROPOSED STIPULATION AND ORDER. Document filed by Caldwell & Walsh Building Construction, Inc.. (Sestito, Maria)
February 19, 2019 Filing 14 NOTICE OF APPEARANCE by Maria Sestito on behalf of Caldwell & Walsh Building Construction, Inc.. (Sestito, Maria)
February 13, 2019 Opinion or Order Filing 13 ORDER granting #11 Letter Motion for Extension of Time. SO ORDERED. (Signed by Judge Vernon S. Broderick on 2/13/2019) (ks)
February 13, 2019 Set/Reset Deadlines: Harleysville Worcester Insurance Company answer due 2/28/2019. (ks)
February 12, 2019 Opinion or Order Filing 12 ORDER denying #10 Letter Motion for Conference. APPLICATION DENIED. SO ORDERED. My Individual Rules and Practices no longer require pre-motion conferences. The parties are directed to meet and confer and to submit a proposed briefing schedule for the motion to dismiss no later than February 26, 2019. (Signed by Judge Vernon S. Broderick on 2/12/2019) (rro)
February 12, 2019 Filing 11 LETTER MOTION for Extension of Time to answer or otherwise plead addressed to Judge Vernon S. Broderick from Lance J. Kalik dated February 12, 2019. Document filed by Harleysville Worcester Insurance Company.(Kalik, Lance)
February 11, 2019 Filing 10 LETTER MOTION for Conference in anticipation of moving to dismiss addressed to Judge Vernon S. Broderick from Marshall T. Potashner dated February 11, 2019. Document filed by Peerless Insurance Company.(Potashner, Marshall)
February 8, 2019 Filing 9 NOTICE OF APPEARANCE by Marshall Todd Potashner on behalf of Peerless Insurance Company. (Potashner, Marshall)
February 8, 2019 Filing 8 NOTICE of Consent to Removal re: #6 Notice of Removal. Document filed by Peerless Insurance Company. (Attachments: #1 Affidavit of Service)(Potashner, Marshall)
February 8, 2019 Filing 7 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent National Mutual Insurance Company, Corporate Parent Harleysville Group, Inc. for Harleysville Worcester Insurance Company. Document filed by Harleysville Worcester Insurance Company.(Kalik, Lance)
February 8, 2019 Filing 6 NOTICE OF REMOVAL from Supreme Court of New York, County of New York. Case Number: 150092/2019..Document filed by Harleysville Worcester Insurance Company. (Attachments: #1 Exhibit A - Complaint)(Kalik, Lance)
February 8, 2019 Magistrate Judge Stewart D. Aaron 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)
February 8, 2019 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Vernon S. Broderick. 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)
February 8, 2019 ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Lance Jon Kalik. The following case opening statistical information was erroneously selected/entered: Dollar Demand $1,000,000,000; County code New York. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to none; no dollar demand entered on civil cover sheet; the County code has been modified to XX Out of State. (pne)
February 8, 2019 Case Designated ECF. (pne)
February 8, 2019 ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Lance Jon Kalik to RE-FILE Document No. #1 Notice of Removal,. The filing is deficient for the following reason(s): As per Rule 13.3, Each attachment to the pleading must be clearly titled in the ECF entry so the subject of the exhibit is clear; exhibits should not be filed in the same PDF as the pleading. Re-file the pleading using the event type Notice of Removal 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. **DO NOT USE GOOGLE CHROME OR SAFARI BROWSERS** (pne)
February 8, 2019 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Lance Jon Kalik to RE-FILE Document #2 Rule 7.1 Corporate Disclosure Statement,. ERROR(S): Not All Corporate Parents were 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) one party name at a time. (lb)
February 7, 2019 Filing 5 CIVIL COVER SHEET filed. (Kalik, Lance)
February 7, 2019 Filing 4 CERTIFICATE OF SERVICE of Notice of Removal served on Maria Sestito, Esq. counsel to plaintiff, Marshall T. Potashner counsel to co-defendant on 2/7/2019. Service was made by Mail. Document filed by Harleysville Worcester Insurance Company. (Leonard, Brooks)
February 7, 2019 Filing 3 NOTICE OF APPEARANCE by Brooks Howard Leonard on behalf of Harleysville Worcester Insurance Company. (Leonard, Brooks)
February 7, 2019 Filing 2 FILING ERROR NOT ALL CORPORATE PARENTS/OTHER AFFILIATES WERE ADDED - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Nationwide Mutual Insurance Company for Harleysville Worcester Insurance Company. Document filed by Harleysville Worcester Insurance Company.(Kalik, Lance) Modified on 2/8/2019 (lb).
February 7, 2019 Filing 1 FILING ERROR - PDF ERROR - NOTICE OF REMOVAL from Supreme Court of New York, County of New York, County of New York. Case Number: 150092/2019. (Filing Fee $ 400.00, Receipt Number ANYSDC-16312764).Document filed by Harleysville Worcester Insurance Company.(Kalik, Lance) Modified on 2/8/2019 (pne).

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Plaintiff: Caldwell & Walsh Building Construction, Inc.
Represented By: Maria Sestito
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Defendant: Harleysville Worcester Insurance Company
Represented By: Brooks Howard Leonard
Represented By: Lance Jon Kalik
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Defendant: Peerless Insurance Company
Represented By: Marshall Todd Potashner
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