Diamond State Insurance Company v. Euro Tech Plumbing & Heating Inc et al
| Diamond State Insurance Company |
| Doval Plumbing and Heating Corporation, Manhattan Restoration, LLC, Euro Tech Plumbing & Heating Inc, P.A. Collins PE Consulting Engineering PLLC and Doval Plumbing and Heating Corp |
| 1:2019cv10284 |
| November 5, 2019 |
| US District Court for the Southern District of New York |
| Jesse M Furman |
| Torts to Land |
| 28 U.S.C. § 1332 t |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 30, 2019. A more recent docket listing may be available from PACER.
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Filing 40
REVISED SCHEDULING ORDER: IT IS HEREBY ORDERED that the conference in this matter, previously scheduled for January 22, 2020, at 3:30 p.m., is RESCHEDULED for March 4, 2020, at 3:30 p.m. in Courtroom 1105 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York. The parties are reminded that, in accordance with the Notice of Initial Pretrial Conference (ECF No. 12), they must file on ECF no later than Thursday, February 27, 2020, a joint status letter and proposed case management plan. SO ORDERED. Initial Conference set for 3/4/2020 at 03:30 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. (Signed by Judge Jesse M. Furman on 12/30/2019) (ama)
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Filing 39
STIPULATION EXTENDING TIME TO ANSWER, IT IS HEREBY STIPULATED AND AGREED by and between the undersigned attorneys, that the time for Defendant, MANHATTAN RESTORATION, LLC, to appear and answer, move against, or otherwise respond to the Complaint in this action, be and the same is hereby extended to and through February 14, 2020. IT IS FURTHER STIPULATED AND AGREED, that this Stipulation may be signed in counterparts, and that facsimile and/or PDF signatures of said Stipulation will be deemed originals for all purposes. This Stipulation may be filed without further notice to the Clerk of the Court. SO ORDERED. Manhattan Restoration, LLC answer due 2/14/2020. (Signed by Judge Jesse M. Furman on 12/30/2019) (kv)
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| Filing 38 PROPOSED STIPULATION AND ORDER. Document filed by Manhattan Restoration, LLC. (Honig, Jeremy) |
| Filing 37 NOTICE OF APPEARANCE by Jeremy Brett Honig on behalf of Manhattan Restoration, LLC. (Honig, Jeremy) |
| Filing 36 ANSWER to #19 Amended Complaint,., CROSSCLAIM against All Defendants. Document filed by P.A. Collins PE Consulting Engineering PLLC.(Gangel, Elaine) |
| Filing 35 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by P.A. Collins PE Consulting Engineering PLLC.(Gangel, Elaine) |
| Filing 34 AFFIDAVIT OF SERVICE. Doval Plumbing and Heating Corp served on 11/20/2019, answer due 12/11/2019. Service was accepted by Mr. Emilio. Document filed by Diamond State Insurance Company. (Sylianteng, Guillermo) |
| Filing 33 AFFIDAVIT OF SERVICE. Manhattan Restoration, LLC served on 12/10/2019, answer due 12/31/2019. Service was accepted by NY Sec of State. Document filed by Diamond State Insurance Company. (Sylianteng, Guillermo) |
| Filing 32 AFFIDAVIT OF SERVICE. Euro Tech Plumbing & Heating Inc served on 12/10/2019, answer due 12/31/2019. Service was accepted by NY Sec of State. Document filed by Diamond State Insurance Company. (Sylianteng, Guillermo) |
| Filing 31 AFFIDAVIT OF SERVICE. P.A. Collins PE Consulting Engineering PLLC served on 12/3/2019, answer due 12/24/2019. Service was accepted by John Doe. Document filed by Diamond State Insurance Company. (Sylianteng, Guillermo) |
| Filing 30 ELECTRONIC SUMMONS ISSUED as to P.A. Collins PE Consulting Engineering PLLC. (pne) |
| Filing 29 ELECTRONIC SUMMONS ISSUED as to Manhattan Restoration, LLC. (pne) |
| Filing 28 ELECTRONIC SUMMONS ISSUED as to Doval Plumbing and Heating Corp. (pne) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Guillermo Emmanuel Sylianteng, III to RE-FILE Document No. #27 Request for Issuance of Summons. The filing is deficient for the following reason(s): a summons was previously issued for this party; the wrong event type was used to file the request for issuance of summons. 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 summons form PDF. (pne) |
| Filing 27 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - REQUEST FOR ISSUANCE OF SUMMONS as to Euro Tech Plumbing and Heating Inc., re: #19 Amended Complaint,. Document filed by Diamond State Insurance Company. (Sylianteng, Guillermo) Modified on 11/14/2019 (pne). |
| Filing 26 REQUEST FOR ISSUANCE OF SUMMONS as to PA Collins PE Consulting Engineering PLLC, re: #19 Amended Complaint,. Document filed by Diamond State Insurance Company. (Sylianteng, Guillermo) |
| Filing 25 REQUEST FOR ISSUANCE OF SUMMONS as to Doval Plumbing and Heating Corp., re: #19 Amended Complaint,. Document filed by Diamond State Insurance Company. (Sylianteng, Guillermo) |
| Filing 24 REQUEST FOR ISSUANCE OF SUMMONS as to Manhattan Restoration, LLC, re: #19 Amended Complaint,. Document filed by Diamond State Insurance Company. (Sylianteng, Guillermo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Guillermo Emmanuel Sylianteng, III to RE-FILE Document No. #22 Request for Issuance of Summons, #23 Request for Issuance of Summons, #20 Request for Issuance of Summons, #21 Request for Issuance of Summons,. The filing is deficient for the following reason(s): no district court selection was made on the summons request PDF. 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) |
| Filing 23 FILING ERROR - DEFICIENT SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Euro Tech Plumbing & Heating Inc., re: #19 Amended Complaint,. Document filed by Diamond State Insurance Company. (Sylianteng, Guillermo) Modified on 11/13/2019 (pne). |
| Filing 22 FILING ERROR - DEFICIENT SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to PA Collins PE Consulting Engineering PLLC, re: #19 Amended Complaint,. Document filed by Diamond State Insurance Company. (Sylianteng, Guillermo) Modified on 11/13/2019 (pne). |
| Filing 21 FILING ERROR - DEFICIENT SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Doval Plumbing and Heating Corp, re: #19 Amended Complaint,. Document filed by Diamond State Insurance Company. (Sylianteng, Guillermo) Modified on 11/13/2019 (pne). |
| Filing 20 FILING ERROR - DEFICIENT SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Manhattan Restoration LLC, re: #19 Amended Complaint,. Document filed by Diamond State Insurance Company. (Sylianteng, Guillermo) Modified on 11/13/2019 (pne). |
| Filing 19 FIRST AMENDED COMPLAINT amending #1 Complaint, against Doval Plumbing and Heating Corp, Euro Tech Plumbing & Heating Inc, Manhattan Restoration, LLC, P.A. Collins PE Consulting Engineering PLLC with JURY DEMAND.Document filed by Diamond State Insurance Company. Related document: #1 Complaint,.(Sylianteng, Guillermo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Guillermo Emmanuel Sylianteng, III to RE-FILE Document No. #17 Request for Issuance of Summons, #18 Request for Issuance of Summons, #15 Request for Issuance of Summons, #16 Request for Issuance of Summons. The filing is deficient for the following reason(s): the summons requests were not processed due to the deficient pleading; re-file your summons request after you have correctly re-filed your pleading. 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) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Guillermo Emmanuel Sylianteng, III to RE-FILE Document No. #14 Amended Complaint. The filing is deficient for the following reason(s): the All Defendants radio button was selected; the parties whom the pleading is against were not 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 - DO NOT SELECT THE ALL PLAINTIFFS, ALL PARTIES, OR ALL DEFENDANTS RADIO BUTTONS. (pne) |
| Filing 18 REQUEST FOR ISSUANCE OF SUMMONS as to Euro Tech Plumbing and Heating, Inc., re: #14 Amended Complaint. Document filed by Diamond State Insurance Company. (Sylianteng, Guillermo) |
| Filing 17 REQUEST FOR ISSUANCE OF SUMMONS as to PA Collins PE Consulting Engineering PLLC, re: #14 Amended Complaint. Document filed by Diamond State Insurance Company. (Sylianteng, Guillermo) |
| Filing 16 REQUEST FOR ISSUANCE OF SUMMONS as to DOVAL Plumbing and Heating Corp, re: #14 Amended Complaint. Document filed by Diamond State Insurance Company. (Sylianteng, Guillermo) |
| Filing 15 REQUEST FOR ISSUANCE OF SUMMONS as to Manhattan Restoration LLC, re: #14 Amended Complaint. Document filed by Diamond State Insurance Company. (Sylianteng, Guillermo) |
| Filing 14 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR -FIRST AMENDED COMPLAINT amending #1 Complaint, against All Defendants with JURY DEMAND.Document filed by Diamond State Insurance Company. Related document: #1 Complaint,.(Sylianteng, Guillermo) Modified on 11/12/2019 (pne). |
| Filing 13 ELECTRONIC SUMMONS ISSUED as to Euro Tech Plumbing & Heating Inc. (dnh) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Guillermo Emmanuel Sylianteng, III to RE-FILE Document No. #7 Request for Issuance of Summons, #9 Request for Issuance of Summons, #8 Request for Issuance of Summons. The filing is deficient for the following reason(s): 'As To' Error; party names listed in the as to docket entry must exactly match the party of record. Do no shorten or abbreviate party names. 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. (dnh) |
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Filing 12
NOTICE OF INITIAL PRETRIAL CONFERENCE: It is hereby ORDERED that counsel for all parties appear for an initial pretrial conference with the Court on January 22, 2020 at 3:30 p.m. in Courtroom 1105 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York. All counsel are required to register promptly as filing users on ECF and to familiarize themselves with the SDNY ECF Rules & Instructions, which are available at http://nysd.uscourts.gov/ecf_filing.php. All counsel must also familiarize themselves with the Court's Individual Rules, which are available at http://nysd.uscourts.gov/judge/Furman. Absent leave of Court obtained by letter-motion filed before the conference, all pretrial conferences must be attended by the attorney who will serve as principal trial counsel. The parties are hereby ORDERED to file on ECF a joint letter, described below, as well as a proposed Civil Case Management Plan and Scheduling Order attached as an exhibit to the joint letter, no later than Thursday of the week prior to the initial pretrial conference. The parties shall use this Court's form Proposed Civil Case Management Plan and Scheduling Order, which is also available at http://nysd.uscourts.gov/judge/Furman. Any open legal issues can be addressed at the conference. The joint letter shall not exceed five (5) pages, and shall provide the following information in separate paragraphs as further set forth in this Order. Counsel who have entered a notice of appearance as of the issuance of this order are directed (1) to notify counsel for all other parties in this action who have not yet appeared by serving upon each of them a copy of this order and the Court's Individual Rules and Practices forthwith, and (2) to file proof of such notice with the Court. If unaware of the identity of counsel for any of the parties, counsel receiving this order must forthwith send a copy of this order and the Court's Individual Rules and Practices to that party personally. SO ORDERED. (Initial Conference set for 1/22/2020 at 03:30 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 11/7/19) (yv)
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Filing 11
ORDER, It is hereby ORDERED that, on or before November 20, 2019, the Plaintiff shall amend its Complaint to allege the citizenship of each constituent person or entity comprising the Defendant LLCs. If, by that date, the Plaintiff is unable to amend the Complaint to truthfully allege complete diversity of citizenship, then the Complaint will be dismissed for lack of subject matter jurisdiction without further notice to the parties. SO ORDERED. (Amended Pleadings due by 11/20/2019.) (Signed by Judge Jesse M. Furman on 11/7/19) (yv)
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| Filing 10 CIVIL COVER SHEET filed. (Sylianteng, Guillermo) |
| Filing 9 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to Manhattan Restoration, re: #1 Complaint,. Document filed by Diamond State Insurance Company. (Sylianteng, Guillermo) Modified on 11/8/2019 (dnh). |
| Filing 8 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to DOVAL Plumbing, re: #1 Complaint,. Document filed by Diamond State Insurance Company. (Sylianteng, Guillermo) Modified on 11/8/2019 (dnh). |
| Filing 7 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to PA Collins, re: #1 Complaint,. Document filed by Diamond State Insurance Company. (Sylianteng, Guillermo) Modified on 11/8/2019 (dnh). |
| Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to Euro Tech Plumbing & Heating Inc., re: #1 Complaint,. Document filed by Diamond State Insurance Company. (Sylianteng, Guillermo) |
| ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Guillermo Emmanuel Sylianteng, III. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (pc) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Guillermo Emmanuel Sylianteng, III. The following case opening statistical information was erroneously selected/entered: Dollar Demand $1,100,000,000; Arbitration code e (Exempt);. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to blank; the Arbitration code has been deleted;. (pc) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Guillermo Emmanuel Sylianteng, III. The party information for the following party/parties has been modified: Doval Plumbing and Heating Corporation, Manhattan Restoration, LLC. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party role was entered incorrectly;. (pc) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Guillermo Emmanuel Sylianteng, III. The party information for the following party/parties has been modified: Diamond State Insurance Company. The information for the party/parties has been modified for the following reason/reasons: alias party name was omitted;. (pc) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Guillermo Emmanuel Sylianteng, III to RE-FILE Document No. #2 Request for Issuance of Summons, #5 Request for Issuance of Summons, #3 Request for Issuance of Summons, #4 Request for Issuance of 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; Caption title must be the same for each summons. Do not include the addresses in the caption. Write et al. after the first listed defendant;. 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. (pc) |
| Magistrate Judge Ona T. Wang 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. (pc) |
| Case Designated ECF. (pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jesse M. Furman. 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. (pc) |
| Filing 5 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Manhattan Restoration, re: #1 Complaint,. Document filed by Diamond State Insurance Company. (Sylianteng, Guillermo) Modified on 11/6/2019 (pc). |
| Filing 4 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Doval, re: #1 Complaint,. Document filed by Diamond State Insurance Company. (Sylianteng, Guillermo) Modified on 11/6/2019 (pc). |
| Filing 3 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to PA Collins, re: #1 Complaint,. Document filed by Diamond State Insurance Company. (Sylianteng, Guillermo) Modified on 11/6/2019 (pc). |
| Filing 2 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Euro Tech Plumbing and Heating, Inc., re: #1 Complaint,. Document filed by Diamond State Insurance Company. (Sylianteng, Guillermo) Modified on 11/6/2019 (pc). |
| Filing 1 COMPLAINT against Doval Plumbing and Heating Corporation, Euro Tech Plumbing & Heating Inc, Manhattan Restoration, LLC, P.A. Collins PE Consulting Engineering PLLC. (Filing Fee $ 400.00, Receipt Number ANYSDC-17899793)Document filed by Diamond State Insurance Company.(Sylianteng, Guillermo) |
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