Pickering v. LM Insurance Corporation
| Tashica Pickering |
| Liberty Mutual Insurance Company and LM Insurance Corporation |
| 1:2020cv06055 |
| August 4, 2020 |
| US District Court for the Southern District of New York |
| John Peter Cronan |
| Insurance |
| 12 U.S.C. § 635 |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 21, 2020. A more recent docket listing may be available from PACER.
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| NOTICE OF CASE REASSIGNMENT to Judge John Peter Cronan. Judge Jesse M. Furman is no longer assigned to the case..(wb) |
Filing 19
MEMO ENDORSEMENT: on re: #18 Letter filed by LM Insurance Corporation. ENDORSEMENT: In light of this letter, the Court is satisfied that it has subject matter jurisdiction and that there is no need or basis to remand. If Plaintiff believes otherwise, she should show cause by the deadline previously set for her to file an amended complaint. SO ORDERED. (Signed by Judge Jesse M. Furman on 9/22/2020) (ama)
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| Filing 18 LETTER addressed to Judge Jesse M. Furman from LM Insurance Corporation dated 9/22/20 re: Order dated 9/22/20. Document filed by LM Insurance Corporation..(Langer, Florence) |
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Filing 17
ORDER denying as moot #9 Motion to Dismiss. It is hereby ORDERED that, on or before October 6, 2020, plaintiff shall amend her amended complaint to properly allege the citizenship of defendant LM Insurance Corporation. If Plaintiff fails to do so or the amended complaint reveals that the parties are not completely diverse and Plaintiff fails to show cause by the same date why the case should not be remanded the action will be remanded to the Supreme Court of New York, County of Bronx, without further notice to either party. In light of the fact that Plaintiff no longer brings claims against Liberty Mutual Insurance Company, see ECF No. 16, Liberty Mutual Insurance Company's motion to dismiss, ECF No. 9, is hereby DENIED as moot. The Clerk of Court is directed to terminate ECF No. 9, to terminate Liberty Mutual Insurance Company as a party, and to modify the docket and caption in this case to conform to the caption on this Order. SO ORDERED. (Signed by Judge Jesse M. Furman on 9/22/20) (yv)
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| Set/Reset Deadlines: Amended Pleadings due by 10/6/2020. (yv) |
| Filing 16 FIRST AMENDED COMPLAINT against LM Insurance Corporation with JURY DEMAND.Document filed by Tashica Pickering..(Bickoff, Eliot) |
| Filing 15 AFFIDAVIT OF SERVICE of Court Order dated 9/16/20 served on Michael J. Asta, Esq. on 9/18/20. Service was made by Mail. Document filed by Liberty Mutual Insurance Company..(Langer, Florence) |
| Filing 14 NOTICE OF APPEARANCE by Eliot Samuel Bickoff on behalf of Tashica Pickering..(Bickoff, Eliot) |
| ADD PARTY FOR PLEADING. Defendants/Respondents LM Insurance Corporation added. Party added pursuant to #16 Amended Complaint.Document filed by Tashica Pickering. Related document: #16 Amended Complaint..(Bickoff, Eliot) |
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Filing 13
ORDER with respect to #9 Motion to Dismiss. Accordingly, it is hereby ORDERED that Plaintiff shall file any amended complaint by October 7, 2020. Plaintiff will not be given any further opportunity to amend the complaint to address issues raised by the motion to dismiss. If Plaintiff does amend, by three (3) weeks after the amended complaint is filed, Defendant shall: (1) file an answer; (2) file a new motion to dismiss; or (3) file a letter on ECF stating that it relies on the previously filed motion to dismiss. If Defendants files an answer or a new motion to dismiss, the Court will deny the previously filed motion to dismiss as moot. If Defendants file a new motion to dismiss, any opposition shall be filed within fourteen days, and any reply shall be filed within seven days of any opposition. If no amended complaint is filed, Plaintiff shall file any opposition to the motion to dismiss by October 7, 2020. Defendant's reply, if any, shall be filed by October 14, 2020. It is further ORDERED that the initial pretrial conference previously scheduled for October 21, 2020 is adjourned sine die. Finally, as counsel for Plaintiff still has not entered an appearance in this case notwithstanding the Court's prior Order, see ECF No. 4, within two business days of the date of this Order, Defendant is directed to serve on Plaintiff a copy of this Order, and to file proof of such service on the docket. Counsel for Plaintiff is again directed to file a notice of appearance on the docket within two business days of such service. SO ORDERED. (Signed by Judge Jesse M. Furman on 9/17/2020) (va)
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| Filing 12 AFFIDAVIT OF SERVICE of Notice of Motion, Declaration in Support with Exhibits 1-4 and Memorandum of Law in Support of Liberty Mutual Insurance Company's Motion to Dismiss served on Michael J. Asta, Esq. on 9/16/20. Service was made by Mail. Document filed by Liberty Mutual Insurance Company..(Langer, Florence) |
| Set/Reset Deadlines: Amended Pleadings due by 10/7/2020. Responses due by 10/7/2020. Replies due by 10/14/2020. (va) |
| Filing 11 MEMORANDUM OF LAW in Support re: #9 MOTION to Dismiss . . Document filed by Liberty Mutual Insurance Company..(Potashner, Marshall) |
| Filing 10 DECLARATION of Marshall T. Potashner in Support re: #9 MOTION to Dismiss .. Document filed by Liberty Mutual Insurance Company. (Attachments: #1 Exhibit 1 - Complaint, #2 Exhibit 2 - Insurance Policy, #3 Exhibit 3 - Liberty Mutual DFS Printout, #4 Exhibit 4 - LM Insurance DFS Printout).(Potashner, Marshall) |
| Filing 9 MOTION to Dismiss . Document filed by Liberty Mutual Insurance Company. Responses due by 9/30/2020.(Potashner, Marshall) |
| Filing 8 AFFIDAVIT OF SERVICE of Notice of Initial Pretrial Conference/Order served on Michael J. Asta, Esq. on 8/13/20. Service was made by Mail. Document filed by Liberty Mutual Insurance Company..(Langer, Florence) |
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Filing 7
ORDER granting #6 Motion for Extension of Time: Application GRANTED. The Clerk of Court is directed to terminate ECF No. 6. (Signed by Judge Jesse M. Furman on 8/12/2020) (jwh)
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| Set/Reset Deadlines: Liberty Mutual Insurance Company answer due 9/17/2020. (jwh) |
| Filing 6 FIRST LETTER MOTION for Extension of Time to Respond to Complaint addressed to Judge Jesse M. Furman from Liberty Mutual Insurance Company dated 8/11/2020. Document filed by Liberty Mutual Insurance Company..(Langer, Florence) |
| Filing 5 NOTICE OF APPEARANCE by Florence Harriet Langer on behalf of Liberty Mutual Insurance Company..(Langer, Florence) |
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Filing 4
NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 10/21/2020 at 03:30 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. SO ORDERED. (Signed by Judge Jesse M. Furman on 8/5/2020) (ks)
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| 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 #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..(pne) |
| 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (pne) |
| Case Designated ECF. (pne) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Liberty Mutual Group Inc., Corporate Parent LMHC Massachusetts Holdings Inc., Corporate Parent Liberty Mutual Holding Company Inc. for Liberty Mutual Insurance Company. Document filed by Liberty Mutual Insurance Company..(Potashner, Marshall) |
| Filing 2 CIVIL COVER SHEET filed..(Potashner, Marshall) |
| Filing 1 NOTICE OF REMOVAL from Supreme Court of the State of New York, County of Bronx. Case Number: 27552/2020E. (Filing Fee $ 400.00, Receipt Number ANYSDC-20988174).Document filed by Liberty Mutual Insurance Company. (Attachments: #1 Exhibit Summons and Complaint).(Potashner, Marshall) |
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