Prime Property & Casualty Insurance Inc. v. Elantra Logistics LLC et al
| PRIME PROPERTY & CASUALTY INSURANCE, INC. and Prime Property & Casualty Insurance Inc. |
| Jason Vargas, PIERRE ANSLOT DERISSEAU, Travelers Personal Insurance Company, DEBRA CEDERBAUM, ANSLEAUX TRUCKING CORP., ABC INSURANCE COMPANIES 1-20 (names being fictitious and unknown), ELANTRA LOGISTICS LLC, NEW VISIONS TRANSPORTATION GROUP, INC., REBECCA BLYTHE PRYOR, Andrew Feinman and ABC Insurance Companies 1-20 |
| 1:2020cv05737 |
| July 23, 2020 |
| US District Court for the Southern District of New York |
| Analisa Torres |
| Insurance |
| 28 U.S.C. § 2201 dj |
| None |
Docket Report
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This docket was last retrieved on January 12, 2022. A more recent docket listing may be available from PACER.
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Filing 39
ELECTRONIC SUMMONS ISSUED as to Andrew Feinman. (sj)
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Filing 38
REQUEST FOR ISSUANCE OF SUMMONS as to Andrew Feinman, re: #36 Amended Complaint,. Document filed by Prime Property & Casualty Insurance Inc...(DeMarco, Eduardo)
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Filing 37
STIPULATION AND ORDER EXTENDING TIME TO ANSWER: IT IS HEREBY STIPULATED AND AGREED by and between Plaintiff and Defendant sued here as Travelers Personal Insurance Company that the time for Defendant to respond to Plaintiff's Complaint in the above-captioned action is hereby extended to September 18, 2020. IT IS FURTHER STIPULATED AND AGREED that PDF signatures to this stipulation will be deemed to be originals for all purposes. GRANTED. By September 18, 2020, Defendant Travelers Personal Insurance Company shall respond to the complaint. SO ORDERED. Travelers Personal Insurance Company answer due 9/18/2020. (Signed by Judge Analisa Torres on 9/4/2020) (kv)
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Filing 36
FIRST AMENDED COMPLAINT amending #4 Complaint, against ABC Insurance Companies 1-20, Ansleaux Trucking Corp., Debra Cederbaum, Pierre Anslot Derisseau, Elantra Logistics LLC, New Visions Transportation Group, Inc., Rebecca Blythe Pryor, Travelers Personal Insurance Company, Jason Vargas, Andrew Feinman.Document filed by Prime Property & Casualty Insurance Inc.. Related document: #4 Complaint,..(DeMarco, Eduardo)
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Filing 35
ORDER: It is ORDERED that by September 4, 2020, Plaintiff shall amend its pleading to allege the citizenship of each constituent person or entity. See Handelsman v. Bedford Vill. Assocs. Ltd. P'ship, 213 F.3d 48, 51-52 (2d Cir. 2000) (citing Cosgrove v. Bartolotta, 150 F.3d 729, 731 (7th Cir. 1998));Strother v. Harte, 171 F. Supp. 2d 203, 205 (S.D.N.Y. 2001) ("For purposes of diversity jurisdiction, a limited liability company has the citizenship of each of its members."). If Plaintiff fails to amend by the foregoing date to truthfully allege complete diversity based upon the citizenship of each constituent person or entity of the LLC, then the complaint will be dismissed for lack of subject matter jurisdiction. SO ORDERED. Amended Pleadings due by 9/4/2020. (Signed by Judge Analisa Torres on 8/21/2020) (kv)
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Filing 34
PROPOSED STIPULATION AND ORDER. Document filed by Travelers Personal Insurance Company..(Engeldrum, Joanne)
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Filing 33
ELECTRONIC AMENDED SUMMONS ISSUED as to Jason Vargas..(dnh)
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Filing 32
REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Jason Vargas, re: #4 Complaint,. Document filed by Prime Property & Casualty Insurance Inc...(DeMarco, Eduardo)
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Filing 31
AFFIDAVIT OF SERVICE of Summons and Complaint,. Travelers Personal Insurance Company served on 7/31/2020, answer due 8/21/2020. Service was accepted by Deneen Seifel, Fulfillment Specialist for Corporation Service Company, Registered Agent. Document filed by Prime Property & Casualty Insurance Inc...(DeMarco, Eduardo)
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Filing 30
AFFIDAVIT OF SERVICE of Summons and Complaint,. Ansleaux Trucking Corp. served on 7/30/2020, answer due 8/20/2020. Service was accepted by Pierre Anslot Derisseau, Registered Agent. Document filed by Prime Property & Casualty Insurance Inc...(DeMarco, Eduardo)
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Filing 29
AFFIDAVIT OF SERVICE of Summons and Complaint,. Elantra Logistics LLC served on 7/31/2020, answer due 8/21/2020. Service was accepted by Mary Salinger General Agent for United States Corporation Agents, Inc., Registered Agent. Document filed by Prime Property & Casualty Insurance Inc...(DeMarco, Eduardo)
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Filing 28
AFFIDAVIT OF SERVICE of Summons and Complaint,. Rebecca Blythe Pryor served on 7/31/2020, answer due 8/21/2020. Service was accepted by Rebecca Blythe Pryor. Document filed by Prime Property & Casualty Insurance Inc...(DeMarco, Eduardo)
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Filing 27
AFFIDAVIT OF SERVICE of Summons and Complaint,. Debra Cederbaum served on 8/3/2020, answer due 8/24/2020. Service was accepted by Debra Cederbaum. Document filed by Prime Property & Casualty Insurance Inc...(DeMarco, Eduardo)
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Filing 26
AFFIDAVIT OF SERVICE of Summons and Complaint,. Pierre Anslot Derisseau served on 8/3/2020, answer due 8/24/2020. Service was accepted by Pierre Anslot Derisseau. Document filed by Prime Property & Casualty Insurance Inc...(DeMarco, Eduardo)
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Filing 25
INITIAL PRETRIAL CONFERENCE ORDER: Initial Conference set for 10/13/2020 at 11:00 AM before Judge Analisa Torres. SO ORDERED. The parties are directed to dial 888-398-2342 or 2 15-861-0674, and enter access code 5598827. Principal trial counsel must appear at this and all subsequent conferences. (Signed by Judge Analisa Torres on 8/10/2020) (ks) . Modified on 8/19/2020 (ks).
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Filing 24
ORDER: To conserve resources, to promote judicial efficiency, and in an effort to achieve a faster disposition of this matter, it is hereby ORDERED that the parties discuss whether they are willing to consent, under 28 U.S.C. 636(c), to conducting all further proceedings before the assigned Magistrate Judge. If all parties consent to proceed before the Magistrate Judge, counsel for Defendants shall, by October 6, 2020, email a fully executed Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form, available at https://nysd.uscourts.gov/node/754 and attached to this order to Orders_and_Judgments@nysd.uscourts.gov. If any party does not consent to conducting all further proceedings before the assigned Magistrate Judge, the parties must file a joint letter, by October 6, advising the Court that the parties do not consent, but without disclosing the identity of the party or parties who do not consent. The parties are free to withhold consent without negative consequences. (And as further set forth herein.) SO ORDERED. (Signed by Judge Analisa Torres on 8/10/2020) (jca)
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Filing 23
ORDER: To conserve resources, to promote judicial efficiency, and in an effort to achieve a faster disposition of this matter, it is hereby ORDERED that the parties discuss whether they are willing to consent, under 28 U.S.C. 636(c), to conducting all further proceedings before the assigned Magistrate Judge. (as further set forth herein). SO ORDERED. (Signed by Judge Analisa Torres on 8/10/2020) (kv)
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Filing 22
ELECTRONIC SUMMONS ISSUED as to New Visions Transportation Group, Inc...(pne)
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Filing 21
REQUEST FOR ISSUANCE OF SUMMONS as to New Visions Transportation Group, Inc. c/o Registered Agent Angesgar Celestin, re: #4 Complaint,. Document filed by Prime Property & Casualty Insurance Inc...(DeMarco, Eduardo)
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Filing 20
ELECTRONIC SUMMONS ISSUED as to Elantra Logistics LLC..(dnh)
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Filing 19
ELECTRONIC SUMMONS ISSUED as to Travelers Personal Insurance Company..(dnh)
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Filing 18
ELECTRONIC SUMMONS ISSUED as to Jason Vargas..(dnh)
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Filing 17
ELECTRONIC SUMMONS ISSUED as to Ansleaux Trucking Corp...(dnh)
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Filing 16
ELECTRONIC SUMMONS ISSUED as to Pierre Anslot Derisseau..(dnh)
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Filing 15
ELECTRONIC SUMMONS ISSUED as to Debra Cederbaum..(dnh)
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Filing 14
ELECTRONIC SUMMONS ISSUED as to Rebecca Blythe Pryor..(dnh)
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Filing 13
REQUEST FOR ISSUANCE OF SUMMONS as to Elantra Logistics LLC c/o Registered Agent United States Corporation Agents Inc., re: #4 Complaint,. Document filed by Prime Property & Casualty Insurance Inc...(DeMarco, Eduardo)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Eduardo DeMarco to RE-FILE Document No. #11 Request for Issuance of Summons. The filing is deficient for the following reason(s): 'As to' Error; Party name as to whom the summons is being requested must appear exactly as it does in the pleading caption. 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
REQUEST FOR ISSUANCE OF SUMMONS as to Travelers Personal Insurance Company c/o Registered Agent Travelers Insurance, re: #4 Complaint,. Document filed by Prime Property & Casualty Insurance Inc...(DeMarco, Eduardo)
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Filing 11
FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to New Visions Transportation Group c/o Registered Agent Angesgar Celestin, re: #4 Complaint,. Document filed by Prime Property & Casualty Insurance Inc...(DeMarco, Eduardo) Modified on 7/29/2020 (dnh).
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Filing 10
REQUEST FOR ISSUANCE OF SUMMONS as to Jason Vargas c/o Attorney Robert K. Young, re: #4 Complaint,. Document filed by Prime Property & Casualty Insurance Inc...(DeMarco, Eduardo)
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Filing 9
REQUEST FOR ISSUANCE OF SUMMONS as to Ansleaux Trucking Corp. c/o Registered Agent Pierre Anslot Derisseau, re: #4 Complaint,. Document filed by Prime Property & Casualty Insurance Inc...(DeMarco, Eduardo)
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Filing 8
REQUEST FOR ISSUANCE OF SUMMONS as to Pierre Anslot Derisseau, re: #4 Complaint,. Document filed by Prime Property & Casualty Insurance Inc...(DeMarco, Eduardo)
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Filing 7
REQUEST FOR ISSUANCE OF SUMMONS as to Debra Cederbaum, re: #4 Complaint,. Document filed by Prime Property & Casualty Insurance Inc...(DeMarco, Eduardo)
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Filing 6
REQUEST FOR ISSUANCE OF SUMMONS as to Rebecca Blythe Pryor, re: #4 Complaint,. Document filed by Prime Property & Casualty Insurance Inc...(DeMarco, Eduardo)
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Filing 5
CIVIL COVER SHEET filed..(DeMarco, Eduardo)
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Filing 4
COMPLAINT against ABC Insurance Companies 1-20, Ansleaux Trucking Corp., Debra Cederbaum, Pierre Anslot Derisseau, Elantra Logistics LLC, New Visions Transportation Group, Inc., Rebecca Blythe Pryor, Travelers Personal Insurance Company, Jason Vargas. Document filed by Prime Property & Casualty Insurance Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E).(DeMarco, Eduardo)
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Filing 3
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Prime Insurance Company for PRIME PROPERTY & CASUALTY INSURANCE, INC.. Document filed by PRIME PROPERTY & CASUALTY INSURANCE, INC...(DeMarco, Eduardo)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Eduardo DeMarco to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): the PDF case caption does not exactly match pleading caption. If all of the party names do not fit, use leading party name followed by 'et al'; Jury Demand code was not selected; Courthouse Assignment code was not selected;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated June 2017. The S.D.N.Y. Civil Cover Sheet dated June 2017 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (jgo)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Eduardo DeMarco to RE-FILE Document No. #1 Complaint,. The filing is deficient for the following reason(s): the pleading was not signed by the filing attorney. Re-file the pleading using the event type 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)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Eduardo DeMarco. The party information for the following party/parties has been modified: PRIME PROPERTY & CASUALTY INSURANCE, INC.; ELANTRA LOGISTICS LLC; ABC INSURANCE COMPANIES 1-20 ; ANSLEAUX TRUCKING CORP.; PIERRE ANSLOT DERISSEAU; NEW VISIONS TRANSPORTATION GROUP, INC.; REBECCA BLYTHE PRYOR; DEBRA CEDERBAUM. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps;. (jgo)
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***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Eduardo DeMarco. The following case opening statistical information was erroneously selected/entered: Arbitration code v (Voluntary); County code New York;. The following correction(s) have been made to your case entry: the Arbitration code has been deleted; the County code has been modified to XX Out of State;. (jgo)
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Magistrate Judge Debra C. Freeman 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (jgo)
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Case Designated ECF. (jgo)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Analisa Torres. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. 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 #https://nysd.uscourts.gov/rules/ecf-related-instructions..(jgo)
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***NOTICE TO ATTORNEY TO PAY THE FILING FEE. Notice to Attorney Eduardo DeMarco. Civil Case Opening Fee of $400 Due: for #1 Complaint,. The filing fee due was not paid; either in whole or in part. If the filing fee is not paid within five (5) days, per Amended Standing Order 15-mc-131, this case will be administratively closed. Filing Fee due by 7/29/2020..(jgo)
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Civil Case Opening Fee Payment: for #1 Complaint,. Filing fee $ 400.00, receipt number ANYSDC-20835638..(DeMarco, Eduardo)
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Filing 2
FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(DeMarco, Eduardo) Modified on 7/27/2020 (jgo).
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Filing 1
FILING ERROR - DEFICIENT PLEADING - SIGNATURE ERROR - COMPLAINT against ABC INSURANCE COMPANIES 1-20 (names being fictitious and unknown), ANSLEAUX TRUCKING CORP., DEBRA CEDERBAUM, PIERRE ANSLOT DERISSEAU, ELANTRA LOGISTICS LLC, NEW VISIONS TRANSPORTATION GROUP, INC., REBECCA BLYTHE PRYOR, Travelers Personal Insurance Company, Jason Vargas. (Filing Fee $ 400.00.)Document filed by PRIME PROPERTY & CASUALTY INSURANCE, INC.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E).(DeMarco, Eduardo) Modified on 7/27/2020 (jgo).
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