Hartford Fire Insurance Co. v. Schenker, Inc. et al
| Hartford Fire Insurance Co. |
| Schenker, Inc., XYZ Corp., DB Schenker USA, Schenker International, Schenker Deutschland AG Air-/Sea Freight Logistics, DB Schenker and Schenker International, Inc. |
| 1:2019cv04201 |
| May 9, 2019 |
| US District Court for the Southern District of New York |
| Valerie E Caproni |
| Contract: Other |
| 49 U.S.C. § 1502 Warsaw Convention (DISCONTINUED AFTER 1/27/2014) |
| None |
Docket Report
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| Filing 34 STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Schenker Deutschland AG Air-/Sea Freight Logistics, Schenker, Inc., XYZ Corp. and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Hartford Fire Insurance Co.. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Smith, Gerard) |
| Filing 33 LETTER addressed to Judge Valerie E. Caproni from Kevin J.B. O'Malley dated March 5, 2020 re: advising of settlement payment. Document filed by Schenker, Inc...(O'Malley, Kevin) |
Filing 32
MEMO ENDORSEMENT: on re: #31 Letter filed by Hartford Fire Insurance Co. ENDORSEMENT: No later than March 10, 2020, Defendant must file a letter with the Court, stating whether the above payment has been made, such that Plaintiff's request for retention of jurisdiction is rendered moot. SO ORDERED. (Signed by Judge Valerie E. Caproni on 2/27/2020) (ama)
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| Filing 31 LETTER addressed to Judge Valerie E. Caproni from Gerard F. Smith, Esq. dated February 27, 2020 re: Request to Issue an Order Retaining Jurisdiction to enforce Settlement Agreement. Document filed by Hartford Fire Insurance Co.. (Attachments: #1 Exhibit A - executed Release, #2 Exhibit B - 30-Day Order).(Smith, Gerard) |
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Filing 30
ORDER: IT IS HEREBY ORDERED THAT all previously scheduled conferences and other deadlines are CANCELLED. IT IS FURTHER ORDERED that this case is DISMISSED with prejudice and without costs (including attorneys fees) to either party. The Clerk of Court is respectfully directed to terminate all open motions and to CLOSE the case. Within 30 days of this order, the parties may apply to reopen this case. (As further set forth in this Order.) (Signed by Judge Valerie E. Caproni on 1/30/2020) (cf)
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| Filing 29 JOINT LETTER addressed to Judge Valerie E. Caproni from Gerard F. Smith, Esq. dated January 30, 2020 re: Joint Status Letter - Settlement. Document filed by Hartford Fire Insurance Co..(Smith, Gerard) |
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Filing 28
MEMO ENDORSEMENT: on re: #27 Letter filed by Hartford Fire Insurance Co. ENDORSEMENT: The January 10 status conference is adjourned to February 7, 2020, at 10:00 A.M. The parties must submit a joint pre-conference letter on or before January 30, 2020. The parties are advised that the adjournment of the conference does not affect any discovery deadlines. SO ORDERED., ( Pretrial Conference set for 2/7/2020 at 10:00 AM before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 1/02/2020) (ama)
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| Filing 27 JOINT LETTER addressed to Judge Valerie E. Caproni from Gerard F. Smith, Esq. dated January 2, 2020 re: Joint Status Letter. Document filed by Hartford Fire Insurance Co..(Smith, Gerard) |
| Filing 26 ELECTRONIC AMENDED SUMMONS ISSUED as to Schenker Deutschland AG Air-/Sea Freight Logistics. (pc) |
| Filing 25 REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Schenker Deutschland AG Air-/Sea Freight Logistics, re: #8 Amended Complaint. Document filed by Hartford Fire Insurance Co.. (Smith, Gerard) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Gerard Frank Smith to RE-FILE Document No. #24 Request for Issuance of Amended Summons. The filing is deficient for the following reason(s): caption error; incorrect alias entered for first defendant on summons request PDF. Re-file the document using the event type Request for Issuance of Amended Summons found under the event list Service of Process - select the correct filer/filers - and attach the corrected summons form PDF. (pne) |
| Filing 24 FILING ERROR - DEFICIENT SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Schenker Deutschland AG Air-/Sea Freight Logistics, re: #8 Amended Complaint. Document filed by Hartford Fire Insurance Co.. (Smith, Gerard) Modified on 11/20/2019 (pne). |
| Filing 23 ELECTRONIC SUMMONS ISSUED as to Schenker Deutschland AG Air-/Sea Freight Logistics. (sj) |
| Filing 22 REQUEST FOR ISSUANCE OF SUMMONS as to Schenker Deutschland AG Air-/Sea Freight Logistics, re: #8 Amended Complaint. Document filed by Hartford Fire Insurance Co.. (Smith, Gerard) |
| Filing 21 NOTICE OF APPEARANCE by Raymond A. Selvaggio on behalf of Hartford Fire Insurance Co.. (Selvaggio, Raymond) |
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Filing 20
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. 28 U.S.C. 636(c). Fact Discovery due by 12/31/2019. All Expert Discovery, including reports, production of underlying documents, and depositions, due by 1/9/2020. Pretrial Conference set for 1/10/2020 at 10:00 AM in Courtroom 443 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni. This case is not to be tried to a jury. (Signed by Judge Valerie E. Caproni on 9/13/2019) (mro)
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| Minute Entry for proceedings held before Judge Valerie E. Caproni: Initial Pretrial Conference held on 9/13/2019. (anc) |
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Filing 19
MEMO ENDORSEMENT on re: #18 Letter Request for Adjournment of Initial Conference for 8/23/2019, filed by Hartford Fire Insurance Co. ENDORSEMENT: Per the undersigned's Individual Practices, appearances via telephone are allowed only in emergencies. The initial conference is hereby adjourned to September 13, 2019, at 10:30 a.m. No further extensions. So Ordered., (Initial Conference set for 9/13/2019 at 10:30 AM before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 8/22/19) (yv)
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| Filing 18 LETTER addressed to Judge Valerie E. Caproni from Gerard F. Smith, Esq. dated August 21, 2019 re: Request for Adjournment of Initial Conference for 8/23/2019. Document filed by Hartford Fire Insurance Co..(Smith, Gerard) |
| Filing 17 JOINT LETTER addressed to Judge Valerie E. Caproni from Gerard F. Smith, Esq. dated August 15, 2019 re: Joint Letter with Case Management Plan & Scheduling Order for Initial Conference on August 23, 2019. Document filed by Hartford Fire Insurance Co..(Smith, Gerard) |
| Filing 16 AMENDED ANSWER to #8 Amended Complaint. Document filed by Schenker, Inc.. (O'Malley, Kevin) |
| Filing 15 ANSWER to #8 Amended Complaint. Document filed by Schenker, Inc..(O'Malley, Kevin) |
| Filing 14 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Schenker Americas, Inc. for Schenker, Inc.. Document filed by Schenker, Inc..(O'Malley, Kevin) |
| Filing 13 AFFIDAVIT OF SERVICE. Schenker, Inc. served on 7/3/2019, answer due 7/24/2019. Service was accepted by Sati Jairam, Agent for Service of Process. Document filed by Hartford Fire Insurance Co.. (Smith, Gerard) |
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Filing 12
MEMO ENDORSEMENT on re: #11 Letter filed by Hartford Fire Insurance Co.. ENDORSEMENT: The initial conference is adjourned to August 23, 2019, at 10:00 A.M. The joint pre-conference letter and proposed case management plan are due by August 15, 2019. SO ORDERED. (Initial Conference set for 8/23/2019 at 10:00 AM before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 7/8/2019) (kv)
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| Filing 11 LETTER addressed to Judge Valerie E. Caproni from Gerard F. Smith, Esq. dated July 3, 2019 re: Request for Adjournment of Initial Pretrial Conference for 7/12/2019. Document filed by Hartford Fire Insurance Co..(Smith, Gerard) |
| Filing 10 ELECTRONIC SUMMONS ISSUED as to Schenker, Inc.. (pc) |
| Filing 9 REQUEST FOR ISSUANCE OF SUMMONS as to Schenker, Inc. c/o CT Corporation System, As Process Agent, re: #8 Amended Complaint. Document filed by Hartford Fire Insurance Co.. (Smith, Gerard) |
| Filing 8 AMENDED COMPLAINT amending #3 Complaint against Schenker Deutschland AG Air-/Sea Freight Logistics, Schenker, Inc., XYZ Corp..Document filed by Hartford Fire Insurance Co.. Related document: #3 Complaint.(Smith, Gerard) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Gerard Frank Smith to RE-FILE Document No. #7 Amended Complaint. The filing is deficient for the following reason(s): pleading must be linked to the initial pleading being amended (Doc. 3). Re-file the pleading using the event type Amended 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. (jgo) |
| Filing 7 FILING ERROR - PDF ERROR - AMENDED COMPLAINT amending #6 Amended Complaint, against Schenker Deutschland AG Air-/Sea Freight Logistics, Schenker, Inc., XYZ Corp..Document filed by Hartford Fire Insurance Co.. Related document: #6 Amended Complaint,.(Smith, Gerard) Modified on 6/7/2019 (jgo). |
| Filing 6 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR - AMENDED COMPLAINT amending #5 Amended Complaint, against Hartford Fire Insurance Co., Schenker Deutschland AG Air-/Sea Freight Logistics, XYZ Corp., Schenker, Inc..Document filed by Hartford Fire Insurance Co.. Related document: #5 Amended Complaint,.(Smith, Gerard) Modified on 6/6/2019 (jgo). |
| ***NOTICE TO ATTORNEY REGARDING REMOVAL OF PARTY. Notice to attorney Gerard Frank Smith. The following party/parties has been removed from this case: DB Schenker; DB Schenker USA. The party was added to the case in error. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Gerard Frank Smith. The party information for the following party/parties has been modified: Schenker, Inc.. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; alias party name was omitted;. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Gerard Frank Smith to RE-FILE Document No. #6 Amended Complaint. The filing is deficient for the following reason(s): the wrong party/parties whom the pleading is against were selected;. Re-file the pleading using the event type Amended 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. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Gerard Frank Smith to RE-FILE Document No. #5 Amended Complaint. The filing is deficient for the following reason(s): the wrong party/parties whom the pleading is against were selected;. Re-file the pleading using the event type Amended 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. (jgo) |
| Filing 5 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR - AMENDED COMPLAINT amending #3 Complaint against Schenker, Inc., XYZ Corp., Schenker International, Inc., DB Schenker, DB Schenker USA, Schenker Deutschland AG Air-/Sea Freight Logistics.Document filed by Hartford Fire Insurance Co.. Related document: #3 Complaint.(Smith, Gerard) Modified on 6/5/2019 (jgo). |
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Filing 4
NOTICE OF INITIAL PRETRIAL CONFERENCE: Counsel for all parties are directed to appear before the undersigned for an Initial Pretrial Conference ("IPTC") in accordance with Rule 16 of the Federal Rules of Civil Procedure on July 12, 2019, at 10:00 a.m. in Courtroom 443 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York, 10007. Plaintiffs are encouraged to serve defendants promptly. And as set forth herein. SO ORDERED. Initial Conference set for 7/12/2019 at 10:00 AM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni. (Signed by Judge Valerie E. Caproni on 5/15/2019) (ama)
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| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Valerie E. Caproni. 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) |
| Civil Case Opening Fee Paid electronically via Pay.gov: for #3 Complaint. Filing fee $ 400.00. Pay.gov receipt number ANYSDC-16852070, paid on 5/9/2019. (pne) |
| 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) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Gerard Frank Smith. The following case opening statistical information was erroneously selected/entered: County code New York; Fee Status code due (due). The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State; the Fee Status code has been modified to pd (paid). (pne) |
| Case Designated ECF. (pne) |
| Filing 3 COMPLAINT against Schenker, Inc., XYZ Corp.. Document filed by Hartford Fire Insurance Co..(Smith, Gerard) |
| ***NOTICE TO ATTORNEY TO FILE CIVIL INITIAL PLEADING. Notice to Attorney Gerard Frank Smith to electronically file the initial pleading in this case. Failure to file the initial pleading may result in the dismissal of the case pursuant to Amended Standing Order 15-mc-00131. Initial Pleading due by 5/15/2019. ***DO NOT USE GOOGLE CHROME OR SAFARI BROWSERS***(pne) |
| Filing 2 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Hartford Insurance Group for Hartford Fire Insurance Co.. Document filed by Hartford Fire Insurance Co..(Smith, Gerard) |
| Filing 1 CIVIL COVER SHEET filed. (Smith, Gerard) |
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