Mario Badescu Skin Care, Inc. v. Sentinel Insurance Company, Limited
| Mario Badescu Skin Care, Inc. |
| Sentinel Insurance Company, Limited |
| 1:2020cv06699 |
| August 20, 2020 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Analisa Torres |
| Insurance |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 28, 2022. A more recent docket listing may be available from PACER.
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| Filing 53 CLERK'S JUDGMENT re: #52 Order on Motion to Dismiss, in favor of Sentinel Insurance Company, Limited against Mario Badescu Skin Care, Inc. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated January 27, 2022, Sentinel's motion to dismiss the amended complaint is GRANTED. Plaintiff has already amended its complaint once. For the reasons stated above, the Court finds that further attempts to amend the complaint would be futile. Accordingly, the amended complaint is DISMISSED with prejudice and the case is closed. (Signed by Clerk of Court Ruby Krajick on 1/28/2022) (Attachments: #1 Notice of Right to Appeal) (dt) |
Filing 52
ORDER: granting #33 Motion to Dismiss. For the foregoing reasons, Sentinel's motion to dismiss the amended complaint is GRANTED. Plaintiff has already amended its complaint once. For the reasons stated above, the Court finds that further attempts to amend the complaint would be futile. Accordingly, the amended complaint is DISMISSED with prejudice. The Clerk of Court is directed to terminate all pending motions, vacate all conferences, and close the case. SO ORDERED. (Signed by Judge Analisa Torres on 1/27/2022) (ama) Transmission to Orders and Judgments Clerk for processing.
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| Filing 51 LETTER addressed to Judge Analisa Torres from Joshua L. Mallin, Esq. dated January 26, 2022 re: letter in further opposition to the motion filed by Defendant Sentinel Insurance Company Limited which seeks an Order, pursuant to Rule 12 of the Federal Rules of Civil Procedure dismissing Plaintiffs action on the pleadings, and more specifically in response to the supplemental memorandum of law in further support of the motion filed by Defendant on January 25, 2022.. Document filed by Mario Badescu Skin Care, Inc...(Mallin, Joshua) |
| Filing 50 LETTER addressed to Judge Analisa Torres from Charles Michael dated January 25, 2022 re: Supplemental Authority. Document filed by Sentinel Insurance Company, Limited. (Attachments: #1 Exhibit A - 2d Cir. Decision in 10012 Holdings, Inc. v. Sentinel Ins. Co. Ltd., #2 Exhibit B - 2d Cir. Decision in Rye Ridge Corp. v. Cincinnati Ins. Co., #3 Exhibit C - Additional Cases Concluding That Business Interruption from the COVID-19 Pandemic Does Not Constitute Direct Physical Loss).(Michael, Charles) |
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Filing 49
MEMO ENDORSEMENT on re: #43 Letter filed by Mario Badescu Skin Care, Inc. ENDORSEMENT: GRANTED. SO ORDERED. (Signed by Judge Analisa Torres on 12/8/2021) (jca)
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| Filing 48 LETTER addressed to Judge Analisa Torres from Joshua L. Mallin, Esq. dated October 19, 2021 re: Objection to Defendant's October 13, 2021 Letter in Further Support of their Motion to Dismiss. Document filed by Mario Badescu Skin Care, Inc...(Mallin, Joshua) |
| Filing 47 LETTER addressed to Judge Analisa Torres from Charles Michael dated October 13, 2021 re: Supplemental Authority. Document filed by Sentinel Insurance Company, Limited..(Michael, Charles) |
| Filing 46 LETTER addressed to Judge Analisa Torres from Joshua L. Mallin, Esq. dated August 3, 2021 re: Objection to the August 2, 2021 letter filed in further support of Defendant Sentinel Insurance Company Limited's underlying motion to dismiss.. Document filed by Mario Badescu Skin Care, Inc.. (Attachments: #1 Exhibit ATWELLS DECISION, #2 Exhibit BROWN'S GYM DECISION, PT. 1, #3 Exhibit BROWN'S GYM DECISION, PT. 2, #4 Exhibit BROWN'S GYM DECISION, PT. 3, #5 Exhibit ROSS STORES DECISION).(Mallin, Joshua) |
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Filing 45
MEMO ENDORSEMENT on re: #43 Letter filed by Mario Badescu Skin Care, Inc. ENDORSEMENT: GRANTED. The parties' deadline to file their joint pre-trial order is STAYED, pending resolution of the motion to dismiss. The parties shall file their joint pre-t1i al order within 30 days of the Court's order deciding the motion to dismiss. SO ORDERED. (Signed by Judge Analisa Torres on 8/2/2021) (jca)
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| Filing 44 LETTER addressed to Judge Analisa Torres from Charles Michael dated August 2, 2021 re: Supplemental Authority Letter. Document filed by Sentinel Insurance Company, Limited. (Attachments: #1 Exhibit A - Thill 13014, LLC v. Finger Lakes Fire & Cas. Co., #2 Exhibit B - Chart of Federal Cases Concluding No Direct Physical Loss).(Michael, Charles) |
| Filing 43 FIRST LETTER addressed to Judge Analisa Torres from All Parties Jointly dated 7/27/2021 re: Adjourning the Pre-Trial Submission. Document filed by Mario Badescu Skin Care, Inc...(Mallin, Joshua) |
| Filing 42 DECLARATION of Charles Michael in Support re: #33 MOTION to Dismiss .. Document filed by Sentinel Insurance Company, Limited. (Attachments: #1 Exhibit A - Red Apple Dental PC v. The Hartford Fin. Servs. Grp., Inc, #2 Exhibit B - Sullivan Country Fabrication, Inc. v. Selective Ins. Co., #3 Exhibit C - JD Cinemas v. Northfield Ins. Co., #4 Exhibit D - Rebuttal Expert Report).(Michael, Charles) |
| Filing 41 REPLY MEMORANDUM OF LAW in Support re: #33 MOTION to Dismiss . . Document filed by Sentinel Insurance Company, Limited..(Michael, Charles) |
| Filing 40 AFFIRMATION of Joshua L. Mallin, Esq. in Opposition re: #33 MOTION to Dismiss .. Document filed by Mario Badescu Skin Care, Inc.. (Attachments: #1 Exhibit Michael A. Sulzinski, PhD Report, #2 Exhibit Aleksandr Y. Aravkin, PhD Report, #3 Exhibit Policy, #4 Exhibit Emails).(Mallin, Joshua) |
| Filing 39 MEMORANDUM OF LAW in Opposition re: #33 MOTION to Dismiss . . Document filed by Mario Badescu Skin Care, Inc.. (Attachments: #1 Exhibit MacMiles Case, #2 Exhibit Siefert Case).(Mallin, Joshua) |
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Filing 38
ORDER granting #37 Letter Motion for Extension of Time to Complete Discovery. GRANTED. SO ORDERED. (Signed by Judge Analisa Torres on 5/27/2021) (kv)
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| Set/Reset Deadlines: Deposition due by 7/22/2021. Expert Discovery due by 7/30/2021. (kv) |
| Filing 37 JOINT LETTER MOTION for Extension of Time to Complete Discovery of Experts from June 30, 2021 to July 30, 2021 addressed to Judge Analisa Torres from Joshua L. Mallin, Esq. and Charles Michael, Esq. dated May 19, 2021. Document filed by Mario Badescu Skin Care, Inc...(Mallin, Joshua) |
| Filing 36 LETTER MOTION for Conference addressed to Judge Analisa Torres from Charles Michael dated May 14, 2021. Document filed by Sentinel Insurance Company, Limited..(Michael, Charles) |
| Filing 35 DECLARATION of Charles Michael in Support re: #33 MOTION to Dismiss .. Document filed by Sentinel Insurance Company, Limited. (Attachments: #1 Exhibit A - Empire State Dev't Corp Frequently Asked Questions, #2 Exhibit B - Leslie Scism Companies Hit by Covid-19 Want Insurance Payouts).(Michael, Charles) |
| Filing 34 MEMORANDUM OF LAW in Support re: #33 MOTION to Dismiss . . Document filed by Sentinel Insurance Company, Limited..(Michael, Charles) |
| Filing 33 MOTION to Dismiss . Document filed by Sentinel Insurance Company, Limited..(Michael, Charles) |
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Filing 32
ORDER. The Court has reviewed the parties' letters dated April 23, 27, and 28, 2021. ECF Nos. 29-31. Accordingly: 1. By May 17, 2021, Defendant shall file its motion to dismiss the amended complaint; 2. By June 7, 2021, Plaintiff shall file its opposition papers; and 3. By June 21, 2021, Defendant shall file its reply, if any. Additionally, the case management conference scheduled for May 5, 2021, is ADJOURNED sine die. SO ORDERED. (The following hearing(s) was terminated: Case Management Conference.) Granting #29 LETTER MOTION for Leave to File Motion to Dismiss addressed to Judge Analisa Torres from Charles Michael dated 04/23/2021. Document filed by Sentinel Insurance Company, Limited. Terminating #30 LETTER MOTION for Leave to File Letter denying Defendants request to file a Pre-Answer motion. Furthermore, if any motion of a dispositive nature is to be filed, it should be heard as a motion for summary judgment, as opposed to a motion on the pleadings addressed to Judge Analisa Torres from Joshua L. Mallin, Esq. dated April 27, 2021. Document filed by Mario Badescu Skin Care, Inc. (Signed by Judge Analisa Torres on 5/3/2021) (rjm)
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| Set/Reset Deadlines: Motions due by 5/17/2021. Responses due by 6/7/2021. Replies due by 6/21/2021. (rjm) |
| Filing 31 LETTER addressed to Judge Analisa Torres from Charles Michael dated April 28, 2021 re: Status Update. Document filed by Sentinel Insurance Company, Limited..(Michael, Charles) |
| Filing 30 LETTER MOTION for Leave to File Letter denying Defendants request to file a Pre-Answer motion. Furthermore, if any motion of a dispositive nature is to be filed, it should be heard as a motion for summary judgment, as opposed to a motion on the pleadings. addressed to Judge Analisa Torres from Joshua L. Mallin, Esq. dated April 27, 2021. Document filed by Mario Badescu Skin Care, Inc...(Mallin, Joshua) |
| Filing 29 LETTER MOTION for Leave to File Motion to Dismiss addressed to Judge Analisa Torres from Charles Michael dated 04/23/2021. Document filed by Sentinel Insurance Company, Limited..(Michael, Charles) |
| Filing 28 FIRST AMENDED COMPLAINT amending #1 Complaint against Sentinel Insurance Company, Limited with JURY DEMAND.Document filed by Mario Badescu Skin Care, Inc.. Related document: #1 Complaint..(Mallin, Joshua) |
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Filing 27
ORDER denying #25 Letter Motion to Stay re: #25 LETTER MOTION to Stay Depositions and Expert Discovery addressed to Judge Analisa Torres from Charles Michael dated April 6, 2021. DENIED. SO ORDERED. (Signed by Judge Analisa Torres on 4/8/2021) (kv)
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Filing 26
STIPULATION AND ORDER ALLOWING PLAINTIFFS TO FILE FIRST AMENDED COMPLAINT: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned attorneys for the parties hereto, that: 1. Defendant consent to the filing of the First Amended Complaint, a copy of which is attached hereto as Exhibit "A", as well as the issuance by the Court of an Order granting permission to file this amended pleading. 2. Defendants' responsive pleading shall be filed within seven (7) days after the First Amended Complaint is filed. IT IS FURTHER STIPULATED AND AGREED, that an e-mail or facsimile of this stipulation will be deemed to have the same force and effect as the original and can be executed in counterparts. SO ORDERED. (Signed by Judge Analisa Torres on 4/6/2021) (kv)
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| Filing 25 LETTER MOTION to Stay Depositions and Expert Discovery addressed to Judge Analisa Torres from Charles Michael dated April 6, 2021. Document filed by Sentinel Insurance Company, Limited..(Michael, Charles) |
| Filing 24 PROPOSED STIPULATION AND ORDER. Document filed by Mario Badescu Skin Care, Inc.. (Attachments: #1 Exhibit Amended Complaint with Jury Demand).(Mallin, Joshua) |
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Filing 23
ORDER granting #22 Letter Motion for Extension of Time to Complete Discovery. GRANTED. SO ORDERED. (Signed by Judge Analisa Torres on 3/9/2021) (kv)
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| Set/Reset Deadlines: Expert Discovery due by 6/30/2021. Fact Discovery due by 4/30/2021. (kv) |
| Filing 22 JOINT LETTER MOTION for Extension of Time to Complete Discovery and to amend the current Case Management Plan and Order (CMO), dated January 21, 2021 so as to allow additional time to complete fact and expert discovery, addressed to Judge Analisa Torres from Joshua L. Mallin, Esq. and Charles Michael, Eq. dated March 5, 2021. Document filed by Mario Badescu Skin Care, Inc...(Mallin, Joshua) |
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Filing 21
ORDER granting in part and denying in part #19 Letter Motion for Extension of Time to Complete Discovery. GRANTED in part, DENIED in part. By April 15, 2021, the parties shall complete fact discovery. By May 31, 2021, the parties shall complete expert discovery. Any interim discovery deadlines shall be adjusted in accordance with this revised schedule. The case management conference scheduled for March 24, 2021, is ADJOURNED to May 5, 2021, at 10:20 a.m. By April 28, 2021, the parties shall file their joint status letter. SO ORDERED. (Signed by Judge Analisa Torres on 1/12/2021) (kv)
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Filing 20
STIPULATED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material...SO ORDERED. (Signed by Judge Analisa Torres on 1/12/2021) (kv)
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| Set/Reset Hearings:( Case Management Conference set for 5/5/2021 at 10:20 AM before Judge Analisa Torres.), Set/Reset Deadlines: ( Expert Discovery due by 5/31/2021., Fact Discovery due by 4/15/2021.) (kv) |
| Filing 19 JOINT LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Analisa Torres from Joshua L. Mallin, Esq. and Charles Michael, Eq. dated January 8, 2021. Document filed by Mario Badescu Skin Care, Inc.. (Attachments: #1 Proposed Amended Civil Case Management Plan and Order, #2 Stipulated Protective Order).(Mallin, Joshua) |
| Filing 18 ANSWER to #1 Complaint. Document filed by Sentinel Insurance Company, Limited..(Michael, Charles) |
| Filing 17 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent The Hartford Financial Services Group, Inc. for Sentinel Insurance Company, Limited. Document filed by Sentinel Insurance Company, Limited..(Michael, Charles) |
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Filing 16
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a magistrate judge,including motions and trial. 28 U.S.C. 636(c). This case is to be tried to a jury. Counsel for the parties have conferred and their present best estimate of the length of trial is: 3 days. Deposition due by 1/28/2021. Fact Discovery due by 3/3/2021. Expert Discovery due by 4/16/2021. Case Management Conference set for 3/24/2021 at 11:20 AM before Judge Analisa Torres. (Signed by Judge Analisa Torres on 11/5/2020) (kv)
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| Filing 15 Minute Entry for proceedings held before Judge Analisa Torres: Initial Pretrial Conference held on 11/5/2020. (ca) |
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Filing 14
ORDER:The initial pretrial conference scheduled for November 3, 2020, is ADJOURNED to November 5, 2020, at 10:00 a.m. By October 29, 2020, the parties shall submit their joint letter and proposed case management plan. Initial Conference set for 11/5/2020 at 10:00 AM before Judge Analisa Torres. (Signed by Judge Analisa Torres on 10/27/2020) (rj)
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| Filing 13 LETTER addressed to Judge Analisa Torres from Joshua L. Mallin dated 10/27/2020 re: Jurisdiction. Document filed by Mario Badescu Skin Care, Inc...(Mallin, Joshua) |
| Filing 12 JOINT LETTER addressed to Judge Analisa Torres from Jointly Mallin and Michael dated 10/27/2020 re: Preliminary Conference. Document filed by Mario Badescu Skin Care, Inc...(Mallin, Joshua) |
| Filing 11 PROPOSED CASE MANAGEMENT PLAN. Document filed by Mario Badescu Skin Care, Inc...(Mallin, Joshua) |
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Filing 10
ORDER granting #9 Letter Motion for Extension of Time to Answer. GRANTED. By November 2, 2020, Defendant shall answer or otherwise respond to the complaint. SO ORDERED. Sentinel Insurance Company, Limited answer due 11/2/2020 (Signed by Judge Analisa Torres on 10/16/2020) (jca)
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| Filing 9 LETTER MOTION for Extension of Time to File Answer addressed to Judge Analisa Torres from Charles Michael dated October 15, 2020. Document filed by Sentinel Insurance Company, Limited..(Michael, Charles) |
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Filing 8
ORDER: To protect the public health, while promoting the "just, speedy, and inexpensive determination of every action and proceeding," Fed. R. Civ. P. 1, it is ORDERED pursuant to Rules 30(b)(3) and 30(b)(4) of the Federal Rules of Civil Procedure that all depositions in this action may be taken via telephone, videoconference, or other remote means. It is further ORDERED pursuant to Rule 30(b)(5) that a deposition will be deemed to have taken place "before an officer appointed or designated under Rule 28" if such officer attends the deposition using the same remote means used to connect all other participants, so long as all participants (including the officer) can clearly hear and be heard by all other participants. The parties are encouraged to engage in discovery through remote means at every available opportunity. SO ORDERED. (Signed by Judge Analisa Torres on 9/2/2020) (kv)
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Filing 7
INITIAL PRETRIAL CONFERENCE ORDER: Counsel for all parties are directed to appear for an initial pretrial conference, in accordance with Rule 16 of the Federal Rules of Civil Procedure, at 11:00 a.m., on November 3, 2020, to be held telephonically. 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. Initial Conference set for 11/3/2020 at 11:00 AM before Judge Analisa Torres. (Signed by Judge Analisa Torres on 9/2/2020) (kv)
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Filing 6
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. (Signed by Judge Analisa Torres on 9/2/2020) (kv)
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| Filing 5 ELECTRONIC SUMMONS ISSUED as to Sentinel Insurance Company, Limited. (sj) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Joshua Lee Mallin. The following case opening statistical information was erroneously selected/entered: Dollar Demand $1,421,650,000. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to $1,422,000. (sj) |
| Magistrate Judge Robert W. Lehrburger 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. (sj) |
| 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..(sj) |
| Case Designated ECF. (sj) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Sentinel Insurance Company, Limited, re: #1 Complaint. Document filed by Mario Badescu Skin Care, Inc...(Mallin, Joshua) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Mario Badescu Skin Care, Inc...(Mallin, Joshua) |
| Filing 2 CIVIL COVER SHEET filed..(Mallin, Joshua) |
| Filing 1 COMPLAINT against Sentinel Insurance Company, Limited. (Filing Fee $ 400.00, Receipt Number ANYSDC-21250983)Document filed by Mario Badescu Skin Care, Inc...(Mallin, Joshua) |
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| Plaintiff: Mario Badescu Skin Care, Inc. | |
| Represented By: | Joshua Lee Mallin |
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| Defendant: Sentinel Insurance Company, Limited | |
| Represented By: | Charles Anthony Michael |
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