The Burlington Insurance Company v. PCGNY Corp. et al
| The Burlington Insurance Company |
| Navigators Insurance Company, PCGNY Corp., Affiliated FM Insurance Company, American Empire Surplus Lines Insurance Company and Skyline Restoration Inc. |
| 1:2020cv10381 |
| December 9, 2020 |
| US District Court for the Southern District of New York |
| Gregory H Woods |
| Insurance |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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| Filing 38 NOTICE OF DISMISSAL OF CROSS-CLAIMS: PLEASE TAKE NOTICE that Cross-Claimant, Defendant PCGNY CORP., through its undersigned counsel, hereby dismisses its cross-claims in their entirety only against Cross-Defendant, Defendant AFFILIATED FM INSURANCE COMPANY, pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), with prejudice and without costs to any party. PCGNY Corp. has voluntarily dismissed its cross-claims against Affiliated FM Insurance Company with prejudice under Fed. R. Civ. P. 41(a)(1)(A)(i). Affiliated FM Insurance Company (as subrogee of Dayton Beach Park No. 1 Corp) terminated. (Signed by Judge Gregory H. Woods on 2/1/2021) (mro) |
| Filing 37 NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, against the defendant(s) Affiliated FM Insurance Company. Document filed by PCGNY Corp.. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Wertman, Charles) |
| Filing 36 NOTICE OF DISMISSAL OF CROSS-CLAIMS: PLEASE TAKE NOTICE that Cross-Claimant, PCGNY CORP., through its undersigned counsel, hereby dismisses its cross-claims in their entirety against Cross-Defendant SKYLINE RESTORATION INC. only, pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), with prejudice and without costs to any party. PCGNY Corp. has voluntarily dismissed its cross-claims against Skyline Restoration Inc. with prejudice under Fed. R. Civ. P. 41(a)(1)(A)(i). Skyline Restoration Inc. terminated. (Signed by Judge Gregory H. Woods on 2/1/2021) (mro) |
| ***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. #37 Notice of Voluntary Dismissal, was reviewed and referred to Judge Gregory H. Woods for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety. (tp) |
| Filing 35 NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, against the defendant(s) Skyline Restoration Inc.. Document filed by PCGNY Corp.. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Wertman, Charles) |
| ***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. #35 Notice of Voluntary Dismissal was reviewed and referred to Judge Gregory H. Woods for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety. (km) |
| Filing 34 AMENDED RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Guilford Insurance Company, Corporate Parent International Financial Group, Inc., Corporate Parent First Financial Insurance Company, Corporate Parent FFIC Holdings Incorporated, Corporate Parent Alamace Insurance Company for The Burlington Insurance Company. Document filed by The Burlington Insurance Company..(Manalaysay, Anna Karin) |
| Filing 33 ANSWER to #24 Counterclaim. Document filed by The Burlington Insurance Company..(Manalaysay, Anna Karin) |
| Filing 32 ANSWER to #22 Counterclaim. Document filed by The Burlington Insurance Company..(Manalaysay, Anna Karin) |
| Filing 31 ANSWER to #21 Counterclaim. Document filed by The Burlington Insurance Company..(Manalaysay, Anna Karin) |
| Filing 30 ANSWER to #22 Crossclaim. Document filed by Navigators Insurance Company. (Attachments: #1 Affidavit).(Schorr, Thomas) |
| Filing 29 ANSWER to #22 Crossclaim. Document filed by American Empire Surplus Lines Insurance Company..(Pisani, Dominic) |
| Filing 28 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Skyline Restoration Inc.. Document filed by PCGNY Corp.. Proposed Order to be reviewed by Clerk's Office staff..(Wertman, Charles) Modified on 1/22/2021 (dt). |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Charles Wertman to RE-FILE Document #28 Stipulation of Voluntary Dismissal,. Use the event type Notice of Voluntary Dismissal found under the event list Notices. (dt) |
Filing 27
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. 28 U.S.C. 636(c). Motions for summary judgement, if any, shall be filed no later than 12/28/2021. Depositions pursuant to Fed. R. Civ. P. 30, 31 shall be completed by 9/13/2021. Fact Discovery due by 9/13/2021. Expert Discovery due by 11/29/2021. The parties expect that this case is not to be tried to a jury. Counsel for the parties have conferred and their present best estimate of the length of trial is 3-4 days. Status Conference set for 12/14/2021 at 04:00 PM before Judge Gregory H. Woods. (Signed by Judge Gregory H. Woods on 1/12/2021) (mro)
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| Minute Entry for proceedings held before Judge Gregory H. Woods: Telephone Conference held on 1/12/2021. (Court Reporter Michael McDaniel) (wv) |
| Filing 26 INITIAL REPORT OF PARTIES BEFORE PRETRIAL CONFERENCE. Document filed by The Burlington Insurance Company..(Adrian, James) |
| Filing 25 ANSWER to Complaint., CROSSCLAIM against Affiliated FM Insurance Company. Document filed by PCGNY Corp...(Wertman, Charles) |
| Filing 24 ANSWER to Complaint., COUNTERCLAIM against The Burlington Insurance Company. Document filed by American Empire Surplus Lines Insurance Company..(Pisani, Dominic) |
| Filing 23 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent American Financial Group, Inc., Corporate Parent Great American Insurance Group for American Empire Surplus Lines Insurance Company. Document filed by American Empire Surplus Lines Insurance Company..(Pisani, Dominic) |
| Filing 22 ANSWER to Complaint., CROSSCLAIM against Navigators Insurance Company, American Empire Surplus Lines Insurance Company., COUNTERCLAIM against The Burlington Insurance Company. Document filed by Skyline Restoration Inc...(Guertin, Theresa) |
| Filing 21 ANSWER to Complaint., COUNTERCLAIM against The Burlington Insurance Company. Document filed by Navigators Insurance Company. (Attachments: #1 Affidavit Affirmation of Service).(Schorr, Thomas) |
| Filing 20 NOTICE OF APPEARANCE by Dominic Mark Pisani, I on behalf of American Empire Surplus Lines Insurance Company..(Pisani, Dominic) |
| Filing 19 NOTICE OF APPEARANCE by Thomas Edward Schorr on behalf of Navigators Insurance Company..(Schorr, Thomas) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Anna Karin Furer Manalaysay to RE-FILE Document #16 Rule 7.1 Corporate Disclosure Statement. ERROR(S): Not All Corporate Parents/Other affiliates were added. Please re-file this document and when prompted: Are there any corporate parents or other affiliates?, select the YES radio button and enter the Corporate Parent(s) or Affiliate(s). (ldi) |
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Filing 18
ORDER granting in part and denying in part #17 Letter Motion to Adjourn Conference. Application granted in part and denied in part. The deadline for the parties to submit their case management plan and joint letter is extended to January 8, 2021. However, the January 12, 2021 conference will proceed as scheduled. (Signed by Judge Gregory H. Woods on 1/3/2021) (mro)
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| Filing 17 FIRST LETTER MOTION to Adjourn Conference currently scheduled on 1/12/2021 addressed to Judge Gregory H. Woods from Anna Karin F. Manalaysay dated 12/30/2020. Document filed by The Burlington Insurance Company..(Manalaysay, Anna Karin) |
| Filing 16 FILING ERROR - NOT ALL CORPORATE PARENTS/OTHER AFFILIATES WERE ADDED - FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent International Financial Group, Inc. for The Burlington Insurance Company. Document filed by The Burlington Insurance Company..(Manalaysay, Anna Karin) Modified on 1/5/2021 (ldi). |
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Filing 15
ORDER granting #14 Letter Motion for Extension of Time to Answer. Application granted. The deadline for Skyline to answer or otherwise respond to the Complaint is extended to January 7, 2021. (Signed by Judge Gregory H. Woods on 12/16/2020) (mro)
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| Filing 14 LETTER MOTION for Extension of Time to File Answer until and through January 7, 2020 addressed to Judge Gregory H. Woods from Theresa A. Guertin, Esq. dated December 16, 2020. Document filed by Skyline Restoration Inc...(Guertin, Theresa) |
| Filing 13 NOTICE OF APPEARANCE by James Michael Adrian on behalf of The Burlington Insurance Company..(Adrian, James) |
| Filing 12 NOTICE OF APPEARANCE by Anna Karin Furer Manalaysay on behalf of The Burlington Insurance Company..(Manalaysay, Anna Karin) |
| Filing 11 ANSWER to Complaint. Document filed by Affiliated FM Insurance Company..(Wolf, Robert) |
| Filing 10 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Factory Mutual Insurance Company for Affiliated FM Insurance Company. Document filed by Affiliated FM Insurance Company..(Wolf, Robert) |
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Filing 9
ORDER granting #5 Letter Motion for Extension of Time to Answer. Application granted. The deadline for Navigators to answer or otherwise respond to the Complaint is extended to January 7, 2021. (Signed by Judge Gregory H. Woods on 12/14/2020) (mro)
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Filing 8
ORDER granting #7 Letter Motion for Extension of Time to Answer. Application granted. The deadline for American Empire to answer or otherwise respond to the Complaint is extended to January 7, 2021. (Signed by Judge Gregory H. Woods on 12/14/2020) (mro) Modified on 12/15/2020 (mro).
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| Filing 7 LETTER MOTION for Extension of Time to File Answer addressed to Judge Gregory H. Woods from Dominic M. Pisani dated December 14, 2020. Document filed by American Empire Surplus Lines Insurance Company. (Attachments: #1 Stipulation).(Pisani, Dominic) |
| Filing 6 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent The Hartford Financial Services Group, Inc, Other Affiliate The Navigators Group, Inc. for Navigators Insurance Company. Document filed by Navigators Insurance Company..(McGrath, William) |
| Filing 5 LETTER MOTION for Extension of Time to File Answer addressed to Judge Gregory H. Woods from Thomas E. Schorr dated December 14, 2020. Document filed by Navigators Insurance Company. (Attachments: #1 Text of Proposed Order, #2 Civil Cover Sheet).(McGrath, William) |
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Filing 4
ORDER: This action was removed from the Supreme Court of the State of New York, County of New York, on December 9, 2020. Dkt. No. 1. Pursuant to Fed. R. Civ. P. 81(c)(3), if any party wishes to demand a jury trial in this matter, the demand must be served and filed no later than December 23, 2020. Additionally, counsel for Plaintiff is directed to promptly file a notice of appearance in this case. Counsel for Defendants is directed to serve a copy of this order on Plaintiff, and to retain proof of service. (Signed by Judge Gregory H. Woods on 12/13/2020) (mro)
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| Filing 3 NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 1/12/2021 at 10:00 AM before Judge Gregory H. Woods. The conference will be conducted by telephone. The parties are directed to the Court's Emergency Rules in Light of COVID-19, which are available on the Court's website, for the dial-in number and other relevant instructions. The parties are specifically directed to comply with Rule 2(C) of the Court's Emergency Rules. (Signed by Judge Gregory H. Woods on 12/13/2020) (mro) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Theresa A Guertin. The party information for the following party/parties has been modified: Affiliated FM Insurance Company. The information for the party/parties has been modified for the following reason/reasons: party text was omitted;. (pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Gregory H. Woods. 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..(pc) |
| Magistrate Judge Stewart D. Aaron 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. (pc) |
| Case Designated ECF. (pc) |
| Filing 2 CIVIL COVER SHEET filed..(Guertin, Theresa) |
| Filing 1 NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 656129-2020. (Filing Fee $ 402.00, Receipt Number ANYSDC-22958314).Document filed by Skyline Restoration Inc.. (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - Skyline Waiver of Service, #3 Exhibit C - PCGNY Affidavit of Service, #4 Exhibit D - Affiliated FM Affidavit of Service, #5 Exhibit E - Navigators Affidavit of Service, #6 Exhibit F - American Empire Supplemental Summons, #7 Exhibit G - State Docket).(Guertin, Theresa) |
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