Berkley Assurance Company v. MacDonald-Miller Facility Solutions
Plaintiff: Berkley Assurance Company
Defendant: MacDonald-Miller Facility Solutions, Liberty Mutual Fire Insuance Company, Liberty Insurance Corporation and MacDonald-Miller Facility Solutions, Inc.
Case Number: 1:2019cv07627
Filed: August 14, 2019
Court: US District Court for the Southern District of New York
Presiding Judge: J Paul Oetken
Nature of Suit: Insurance
Cause of Action: 28:2201dj
Jury Demanded By: None
Docket Report

This docket was last retrieved on April 1, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 11, 2019 Filing 40 ANSWER to #9 Amended Complaint,., COUNTERCLAIM against Berkley Assurance Company. Document filed by Liberty Insurance Corporation, Liberty Mutual Fire Insuance Company.(Roberto, Joanna)
October 11, 2019 Filing 39 DECLARATION of Dean Grasser in Support re: #35 MOTION to Dismiss .. Document filed by MacDonald-Miller Facility Solutions, Inc.. (Gordon, Michael)
October 11, 2019 Filing 38 DECLARATION of Dale Kingman in Support re: #35 MOTION to Dismiss .. Document filed by MacDonald-Miller Facility Solutions, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D-1, #5 Exhibit D-2, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I)(Gordon, Michael)
October 11, 2019 Filing 37 DECLARATION of Michael R. Gordon in Support re: #35 MOTION to Dismiss .. Document filed by MacDonald-Miller Facility Solutions, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10)(Gordon, Michael)
October 11, 2019 Filing 36 MEMORANDUM OF LAW in Support re: #35 MOTION to Dismiss . . Document filed by MacDonald-Miller Facility Solutions, Inc.. (Gordon, Michael)
October 11, 2019 Filing 35 MOTION to Dismiss . Document filed by MacDonald-Miller Facility Solutions, Inc.. Return Date set for 11/15/2019 at 10:00 AM.(Gordon, Michael)
October 11, 2019 Filing 34 MOTION to Dismiss ., MOTION for Preliminary Injunction . Document filed by MacDonald-Miller Facility Solutions, Inc.. Return Date set for 11/15/2019 at 10:00 AM.(Gordon, Michael)
September 23, 2019 Filing 33 AFFIDAVIT OF SERVICE of ORDER TO SHOW CAUSE, DECLARATION OF NEIL SAMBURSKY AND MEMORANDUM OF LAW served on MACDONALD-MILLER FACILITY SOLUTIONS, INC., LIBERTY MUTUAL FIRE INSURANCE COMPANY AND LIBERTY INSURANCE CORPORATION on 9/20/2019. Service was made by MAIL. Document filed by Berkley Assurance Company. (Sambursky, Neil)
September 23, 2019 Filing 32 STIPULATION: IT IS HEREBY STIPULATED AND AGREED by and between the undersigned that the time by which defendant MACDONALD-MILLER FACILITY SOLUTIONS, INC. shall move, answer or otherwise respond to the Complaint of plaintiff BERKLEY ASSURANCE COMPANY is extended to and including October 11, 2019. MacDonald-Miller Facility Solutions, Inc. answer due 10/11/2019. (Signed by Judge J. Paul Oetken on 9/23/2019) (mro)
September 20, 2019 Filing 31 FIRST LETTER MOTION for Extension of Time to File Answer re: #4 Complaint, addressed to Judge J. Paul Oetken from Michael R. Gordon dated September 20, 2019. Document filed by MacDonald-Miller Facility Solutions, Inc.. (Attachments: #1 Text of Proposed Order Proposed So-Ordered Stipulation)(Gordon, Michael)
September 19, 2019 Filing 30 WAIVER OF SERVICE RETURNED EXECUTED. Document filed by Berkley Assurance Company. (Cassidy, David)
September 19, 2019 Filing 29 WAIVER OF SERVICE RETURNED EXECUTED. Liberty Mutual Fire Insuance Company waiver sent on 9/18/2019, answer due 11/18/2019. Document filed by Berkley Assurance Company. (Cassidy, David)
September 19, 2019 Filing 28 NOTICE OF APPEARANCE by David M. Cassidy on behalf of Berkley Assurance Company. (Cassidy, David)
September 18, 2019 Filing 27 NOTICE OF APPEARANCE by Michael Robert Gordon on behalf of MacDonald-Miller Facility Solutions, Inc.. (Gordon, Michael)
September 18, 2019 Opinion or Order Filing 26 ORDER TO SHOW CAUSE FOR PRELIMINARY INJUNCTION: Defendant shall show cause as to why an order should not be entered pursuant to Rule 65 of the Federal Rules of Civil Procedure,. Show Cause Hearing set for 11/15/2019 at 10:00 AM in Courtroom 706, 40 Centre Street, New York, NY 10007 before Judge J. Paul Oetken. ORDERED, that service of this Order to Show Cause, by personal service or by causing same to be delivered to defendants by deposit of same with U.S. Express Mail or by Federal Express, together with a copy of the papers upon which this Order is based, on or before September 20) , 2019 at 5:00 P.M. for next day delivery, be deemed good and sufficient service; and it is further ORDERED, that answering papers, if any shall be served on plaintiff's attorneys by delivery on or before October 11, 2019. Show Cause Response due by 10/25/2019. (Signed by Judge J. Paul Oetken on 9/18/2019) (js) Modified on 9/18/2019 (js). Modified on 9/18/2019 (js).
September 18, 2019 Minute Entry for proceedings held before Judge J. Paul Oetken: Scheduling Conference on the Order To Show Cause held on 9/18/2019. Hearing scheduled for 11/15/2019 at 10:00 am. (See transcript for complete details of rulings and conference minutes.) (bh)
September 17, 2019 Filing 25 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,. Liberty Insurance Corporation served on 8/26/2019, answer due 9/16/2019. Service was accepted by Eric Goldklank, Esq., Superintendent. Document filed by Berkley Assurance Company. (Sambursky, Neil)
September 16, 2019 Filing 24 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,. MacDonald-Miller Facility Solutions, Inc. served on 9/5/2019, answer due 9/26/2019. Service was accepted by Stephanie Gebhardt, Govenor. Document filed by Berkley Assurance Company. (Sambursky, Neil)
September 9, 2019 Filing 23 NOTICE OF APPEARANCE by Joanna Michelle Roberto on behalf of Liberty Insurance Corporation, Liberty Mutual Fire Insuance Company. (Roberto, Joanna)
August 30, 2019 Opinion or Order Filing 22 ORDER GRANTING MOTION TO WITHDRAW granting #19 Motion to Withdraw as Attorney. IT IS on this 30th day of August, 2019, ORDERED that the Motion is GRANTED and Amy C. Gross's appearance on behalf of Plaintiff is hereby withdrawn and Duane Morris LLP is no longer counsel of record for Plaintiff. Attorney Amy Christine Gross terminated. (Signed by Judge J. Paul Oetken on 8/30/2019) (ne)
August 29, 2019 Filing 21 PROPOSED ORDER FOR WITHDRAWAL OF ATTORNEY. Document filed by Berkley Assurance Company. Related Document Number: [19 & 20]. (Gross, Amy)
August 29, 2019 Filing 20 DECLARATION of Amy C. Gross in Support re: #19 MOTION for Amy C. Gross to Withdraw as Attorney .. Document filed by Berkley Assurance Company. (Gross, Amy)
August 29, 2019 Filing 19 MOTION for Amy C. Gross to Withdraw as Attorney . Document filed by Berkley Assurance Company.(Gross, Amy)
August 26, 2019 Filing 18 ELECTRONIC AMENDED SUMMONS ISSUED as to MacDonald-Miller Facility Solutions, Inc.. (pne)
August 23, 2019 Filing 17 REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to MACDONALD-MILLER FACILITY SOLUTIONS, INC., re: #9 Amended Complaint,. Document filed by Berkley Assurance Company. (Sambursky, Neil)
August 23, 2019 Filing 16 ELECTRONIC SUMMONS ISSUED as to Liberty Mutual Fire Insuance Company. (gp)
August 23, 2019 Filing 15 ELECTRONIC SUMMONS ISSUED as to Liberty Insurance Corporation. (gp)
August 22, 2019 Filing 14 REQUEST FOR ISSUANCE OF SUMMONS as to Liberty Mutual Fire Insurance Company, re: #9 Amended Complaint,. Document filed by Berkley Assurance Company. (Sambursky, Neil)
August 22, 2019 Filing 13 REQUEST FOR ISSUANCE OF SUMMONS as to Liberty Insurance Corporation, re: #9 Amended Complaint,. Document filed by Berkley Assurance Company. (Sambursky, Neil)
August 22, 2019 ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Neil L Sambursky to RE-FILE Document No. #11 Request for Issuance of Summons, #12 Request for Issuance of Amended Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; the wrong event type was used to file the request for issuance of summons; caption entered on summons request must match pleading caption; an Amended Summons can only be requested for a party that was previously issued a summons. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pne)
August 21, 2019 Filing 12 FILING ERROR - DEFICIENT SUMMONS REQUESTED - WRONG EVENT TYPE SELECTED FROM MENU - REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Liberty Insurance Corporation, re: #9 Amended Complaint,. Document filed by Berkley Assurance Company. (Sambursky, Neil) Modified on 8/22/2019 (pne).
August 21, 2019 Filing 11 FILING ERROR - PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Liberty Mutual Fire Insurance Company, re: #9 Amended Complaint,. Document filed by Berkley Assurance Company. (Sambursky, Neil) Modified on 8/22/2019 (pne).
August 21, 2019 Filing 10 FILING ERROR - DEFICIENT SUMMONS REQUEST BLANK SUMMONS FORM - REQUEST FOR ISSUANCE OF SUMMONS as to Liberty Insurance Corporation, re: #9 Amended Complaint,. Document filed by Berkley Assurance Company. (Sambursky, Neil) Modified on 8/22/2019 (pne).
August 21, 2019 ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Neil L Sambursky. The party information for the following party/parties has been modified: Liberty Mutual Fire Insurance Company; Liberty Insurance Corporation. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly. (sj)
August 20, 2019 Filing 9 AMENDED COMPLAINT amending #4 Complaint, against MacDonald-Miller Facility Solutions, Inc., Liberty Insurance Corporation, Liberty Mutual Fire Insuance Company.Document filed by Berkley Assurance Company. Related document: #4 Complaint,. (Attachments: #1 Exhibit A-1, #2 Exhibit A-2, #3 Exhibit A-3)(Sambursky, Neil)
August 20, 2019 Filing 8 NOTICE OF APPEARANCE by Neil L Sambursky on behalf of Berkley Assurance Company. (Sambursky, Neil)
August 20, 2019 Filing 7 NOTICE OF APPEARANCE by Neil L Sambursky on behalf of Berkley Assurance Company. (Sambursky, Neil)
August 16, 2019 Filing 6 ELECTRONIC SUMMONS ISSUED as to MacDonald-Miller Facility Solutions, Inc. (vf)
August 16, 2019 Case Designated ECF. (vf)
August 16, 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. (vf)
August 16, 2019 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge J. Paul Oetken. 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. (vf)
August 16, 2019 ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Amy Christine Gross. The following case opening statistical information was erroneously selected/entered: Cause of Action code 05:8705 Declaratory Judgment - Insurance; County code New York; Fee Status code due (due). The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 28:2201dj Declaratory Judgment; the County code has been modified to XX Out of State; the Fee Status code has been modified to pd (paid). (vf)
August 16, 2019 Civil Case Opening Fee Paid electronically via Pay.gov: for #4 Complaint. Filing fee $ 400.00. Pay.gov receipt number ANYSDC-17430727, paid on 8/14/2019. (vf)
August 15, 2019 Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to MacDonald-Miller Facility Solutions, Inc., re: #4 Complaint,. Document filed by Berkley Assurance Company. (Gross, Amy)
August 15, 2019 Filing 4 COMPLAINT against MacDonald-Miller Facility Solutions, Inc. Document filed by Berkley Assurance Company. (Attachments: #1 Exhibit A - Contractor's Perform Policy - Part 1 of 3, #2 Exhibit A - Contractor's Perform Policy - Part 2 of 3, #3 Exhibit A - Contractor's Perform Policy - Part 3 of 3)(Gross, Amy)
August 15, 2019 ***NOTICE TO ATTORNEY TO FILE CIVIL INITIAL PLEADING. Notice to Attorney Amy Christine Gross 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 8/20/2019. (dnh)
August 14, 2019 Filing 3 FILING ERROR SUMMONS NOT LINKED TO CORRESPONDING PLEADING- REQUEST FOR ISSUANCE OF SUMMONS as to, re: Complaint. Document filed by Berkley Assurance Company. (Gross, Amy) Modified on 8/16/2019 (vf).
August 14, 2019 Filing 2 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent W. R. Berkley Corporation for Berkley Assurance Company. Document filed by Berkley Assurance Company.(Gross, Amy)
August 14, 2019 Filing 1 CIVIL COVER SHEET filed. (Gross, Amy)

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Plaintiff: Berkley Assurance Company
Represented By: Neil L Sambursky
Represented By: David M. Cassidy
Represented By: Amy Christine Gross
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Defendant: MacDonald-Miller Facility Solutions
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Defendant: Liberty Mutual Fire Insuance Company
Represented By: Joanna Michelle Roberto
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Defendant: Liberty Insurance Corporation
Represented By: Joanna Michelle Roberto
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Defendant: MacDonald-Miller Facility Solutions, Inc.
Represented By: Michael Robert Gordon
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