U.S. Specialty Insurance Company v. Endurance American Insurance Company et al
Plaintiff: U.S. Specialty Insurance Company
Defendant: RSUI Indemnity Company and Endurance American Insurance Company
Case Number: 1:2020cv06725
Filed: August 21, 2020
Court: US District Court for the Southern District of New York
Presiding Judge: Valerie E Caproni
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. § 1332 in
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on October 13, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 13, 2020 Opinion or Order Filing 16 MEMO ENDORSEMENT: on re: #15 Letter filed by U.S. Specialty Insurance Company. ENDORSEMENT: The IPTC scheduled for October 16, 2020, is adjourned until November 13, 2020, at 10:30 a.m. The parties' joint letter and proposed Case Management Plan is due not later than November 5, 2020. Plaintiff is required to serve this order on Defendants not later than October 19, 2020. Plaintiff must file proof of service of this order on the docket. If no attorney has made an appearance for Defendants by November 5, 2020, Plaintiff must file a Proposed Order to Show Cause for Default Judgment and a Proposed Default Judgment in accordance with the Court's Individual Practices not later than November 13, 2020. Further, if no attorney has appeared for Defendants by November 5, 2020, the November 13, 2020 IPTC will be canceled. SO ORDERED., ( Initial Conference set for 11/13/2020 at 10:30 AM before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 10/13/2020) (ama)
October 13, 2020 Filing 15 LETTER addressed to Judge Valerie E. Caproni from Jan H. Duffalo dated October 13, 2020 re: Requesting scheduled Initial Pretrial Conference be adjourned. Document filed by U.S. Specialty Insurance Company..(Duffalo, Jan)
September 25, 2020 Filing 14 AFFIDAVIT OF SERVICE. Service was made by CERTIFIED MAIL CORRECTED AFFIDAVIT OF SERVICE VIA NYS DEPARTMENT OF FINANCIAL SERVICES FOR RSUI INDENMITY COMPANY. Document filed by U.S. Specialty Insurance Company..(Duffalo, Jan)
September 25, 2020 Filing 13 AFFIDAVIT OF SERVICE. Service was made by CERTIFIED MAIL - NYS DEPARTMENT OF FINANCIAL SERVICES FOR ENDURANCE AMERICAN INSURANCE COMPANY. Document filed by U.S. Specialty Insurance Company..(Duffalo, Jan)
September 22, 2020 Filing 12 AFFIDAVIT OF SERVICE. RSUI Indemnity Company served on 9/21/2020, answer due 10/13/2020. Service was made by MAILED BY CERTIFIED MAIL RETURN RECEIPT REQUESTED # 7020 1290 0001 1861 6958. Document filed by U.S. Specialty Insurance Company..(Duffalo, Jan)
September 22, 2020 Filing 11 AFFIDAVIT OF SERVICE. Endurance American Insurance Company served on 9/8/2020, answer due 9/29/2020. Service was made by MAILED BY CERTIFIED MAIL RETURN RECEIPT REQUESTED # 7020 1290 0001 1861 6958. Document filed by U.S. Specialty Insurance Company..(Duffalo, Jan)
September 3, 2020 Filing 10 NOTICE OF APPEARANCE by Jan H. Duffalo on behalf of U.S. Specialty Insurance Company..(Duffalo, Jan)
August 28, 2020 Opinion or Order Filing 9 NOTICE OF INITIAL PRETRIAL CONFERENCE: In light of the COVID-19 situation, the Court will conduct the Initial Pretrial Conference ("IPTC") in accordance with Rule 16 of the Federal Rules of Civil Procedure on October 16, 2020 at 11:00 a.m. by teleconference. At the scheduled time, counsel for all parties should call 888-363-4749, Access code 3121171#, Security code 6725. Counsel should submit their proposed case management plan and joint letter as outlined below. In their joint letter, the parties should indicate whether they believe a Rule 16 conference is unnecessary and ask that their proposed Case Management Plan simply be so ordered; or whether they believe a conference would be helpful and have no objection to proceeding by teleconference; or whether they believe a conference would be helpful and request it be adjourned until such time as it can be safely held in person. If the parties prefer an in-person conference, they should propose three mutually-agreed upon Fridays in July for the conference, although the Court does not guarantee it will honor the parties' preferred date. This Court encourages plaintiffs to serve defendants promptly. The parties are directed to submit a joint letter of no more than five pages byOctober 8, 2020, addressing the following in separate paragraphs: as set forth herein. Plaintiff's counsel, or the defendant's counsel in removed cases, is responsible for distributing copies of this Notice to all parties. And as set forth herein. SO ORDERED., ( Telephone Conference set for 10/16/2020 at 11:00 AM before Judge Valerie E. Caproni.) Initial Conference set for 10/16/2020 at 11:00 AM before Judge Valerie E. Caproni. (Signed by Judge Valerie E. Caproni on 8/28/2020) (ama)
August 25, 2020 Filing 8 COMPLAINT against Endurance American Insurance Company, RSUI Indemnity Company. Document filed by U.S. Specialty Insurance Company. (Attachments: #1 Exhibit Exhibit A- Amended Verified Complaint, #2 Exhibit Exhibit B- Third Party Summons, #3 Exhibit Exhibit C- SMJ Order, #4 Exhibit Exhibit D- Subcontract, #5 Exhibit Exhibit E- October 2015 Correspondence).(London, Daniel)
August 24, 2020 Filing 7 ELECTRONIC SUMMONS ISSUED as to RSUI Indemnity Company..(dnh)
August 24, 2020 Filing 6 ELECTRONIC SUMMONS ISSUED as to Endurance American Insurance Company..(dnh)
August 24, 2020 Case Designated ECF. (dnh)
August 24, 2020 Civil Case Opening Fee Paid electronically via Pay.gov: for #1 Complaint. Filing fee $ 400.00. Pay.gov receipt number ANYSDC-21266461, paid on 08/21/2020..(dnh)
August 24, 2020 ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Daniel Wagner London. The following case opening statistical information was erroneously selected/entered: County code Albany. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State. (dnh)
August 24, 2020 ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Daniel Wagner London to RE-FILE Document No. #1 Complaint. The filing is deficient for the following reason(s): the All Defendant radio button was selected; the docket entry text must list all of the parties as to whome the pleading is filed against. Hold 'Ctrl' to select multiple parties. 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. (dnh)
August 24, 2020 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Valerie E. Caproni. 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..(dnh)
August 24, 2020 Magistrate Judge Katharine H. Parker 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. (dnh)
August 21, 2020 Filing 5 FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Tokio Marine Holdings, Inc. for U.S. Specialty Insurance Company. Document filed by U.S. Specialty Insurance Company..(London, Daniel)
August 21, 2020 Filing 4 CIVIL COVER SHEET filed..(London, Daniel)
August 21, 2020 Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to RSUI Indemnity Company, re: #1 Complaint,. Document filed by U.S. Specialty Insurance Company..(London, Daniel)
August 21, 2020 Filing 2 REQUEST FOR ISSUANCE OF SUMMONS as to Endurance American Insurance Company, re: #1 Complaint,. Document filed by U.S. Specialty Insurance Company..(London, Daniel)
August 21, 2020 Filing 1 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR -COMPLAINT against All Defendants. (Filing Fee $ 400.00, Receipt Number ANYSDC-21266461)Document filed by U.S. Specialty Insurance Company. (Attachments: #1 Exhibit Exhibit A- Amended Verified Complaint, #2 Exhibit Exhibit B- Third Party Summons, #3 Exhibit Exhibit C- SMJ Order, #4 Exhibit Exhibit D- Subcontract, #5 Exhibit Exhibit E- October 2015 Correspondence).(London, Daniel) Modified on 8/24/2020 (dnh).

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Plaintiff: U.S. Specialty Insurance Company
Represented By: Daniel Wagner London
Represented By: Jan H. Duffalo
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Defendant: RSUI Indemnity Company
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Defendant: Endurance American Insurance Company
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