Sanchez v. Generali U.S. Branch et al
| Audra Sanchez |
| Customized Services Administrators, Inc., Generali U.S. Branch, Generali Global Assistance, Inc. doing business as CSA Travel Protection and Insurance Services doing business as Europ Assistance USA, Inc. doing business as Generali Warranty Services, LLC and Generali Global Assistance and Insurance Services |
| 1:2020cv10673 |
| December 18, 2020 |
| US District Court for the Southern District of New York |
| John G Koeltl |
| Insurance |
| 28 U.S.C. § 1332 bc |
| Plaintiff |
Docket Report
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| Filing 33 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 1/28/21 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...Filed In Associated Cases: 1:20-md-02968-JGK et al..(McGuirk, Kelly) |
| Filing 32 TRANSCRIPT of Proceedings re: CONFERENCE held on 1/28/2021 before Judge John G. Koeltl. Court Reporter/Transcriber: Martha Martin, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/26/2021. Redacted Transcript Deadline set for 3/8/2021. Release of Transcript Restriction set for 5/6/2021.Filed In Associated Cases: 1:20-md-02968-JGK et al..(McGuirk, Kelly) |
Filing 31
CASE MANAGEMENT ORDER: Having considered the comments and proposals of the parties presented at the initial conference held on January 28, 2021, and having reviewed the parties' submissions, the Court adopts the following Case Management Order ("CMO"): Amended Pleadings due by 2/26/2021. Motions due by 4/12/2021. Responses due by 5/27/2021 Replies due by 6/28/2021. And as set forth herein. IT IS SO ORDERED. (Signed by Judge John G. Koeltl on 1/30/2021) Filed In Associated Cases: 1:20-md-02968-JGK et al. (ama)
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| Filing 30 PROPOSED CASE MANAGEMENT PLAN. Document filed by Generali Global Assistance, Inc., Generali U.S. Branch..(Pollock, Bronwyn) |
| Minute Entry for proceedings held before Judge John G. Koeltl: Initial Pretrial Conference held on 1/28/2021. Associated Cases: 1:20-md-02968-JGK et al.(Fletcher, Donnie) |
| Filing 29 NOTICE OF APPEARANCE by Bryan L Clobes on behalf of Howard Morris. Filed In Associated Cases: 1:20-md-02968-JGK et al..(Clobes, Bryan) |
| Filing 28 NOTICE OF APPEARANCE by Brian O'Connell on behalf of Howard Morris. Filed In Associated Cases: 1:20-md-02968-JGK et al..(O'Connell, Brian) |
| Filing 27 NOTICE OF APPEARANCE by Derek H Potts on behalf of Kristen Johner. Filed In Associated Cases: 1:20-md-02968-JGK, 1:20-cv-10673-JGK, 1:20-cv-10719-JGK, 1:20-cv-11007-JGK.(Potts, Derek) |
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Filing 26
ORDER: It appearing that the cases listed on Attachment 1 may merit special attention as complex litigation, the Court orders as follows: 1. Initial Conference. All parties shall appear for a conference with the undersigned on January 28, 2021 at 2:30 p.m. by telephone. Dial-in: (888) 363-4749, with access code 8140049. (a) Attendance. To minimize costs and facilitate a manageable conference, parties are not required to attend the conference, and parties with similar interests are expected to agree to the extent practicable on a single attorney to act on their joint behalf at the conference. A party will not, by designating an attorney to represent its interests at the conference, be precluded from other representation during the litigation; and attendance at the conference will not waive objections to jurisdiction, venue, or service. (b) Service List. This Order is being emailed or, if necessary, mailed to the persons shown on Attachment 2, which has been prepared from the list of counsel making appearances with the Judicial Panel on Multidistrict Litigation. Counsel on this list are requested to forward a copy of the order to other attorneys who should be notified of the conference. A corrected service list will be prepared after the conference. (c) Other Participants. Persons who are not named as parties in this litigation but may later be joined as parties or are parties in related litigation pending in other federal and state courts are invited to attend the conference call. 2. Purposes and Agenda. The conference will be held for the purposes specified in the Manual for Complex Litigation, Fourth Edition (MCL), 11.21. A tentative agenda is appended as Attachment 3. Counsel are encouraged to advise the Court as soon as possible of any items that should be added to or deleted from the agenda. 3. Preparations for Conference. (a) Procedures for Complex Litigation. Counsel are expected to familiarize themselves with the MCL and be prepared at the conference to suggest procedures that will facilitate the just, speedy, and inexpensive resolution of this litigation. (b) Initial Conference of Counsel. Before the conference, counsel shall confer and seek consensus to the extent possible with respect to the items on the agenda, including a proposed initial dispositive motion schedule and a proposed discovery plan under Rule 26(f) and a suggested schedule under Rule 16(b) for joinder of parties, amendment of pleadings, consideration of any class action allegations, motions, and trial. The court designates David E. Kovel of Kirby McInerney LLP and Christopher James Houpt of Mayer Brown LLP to arrange the initial meetings of plaintiffs' and defendants' counsel, respectively. (c) Preliminary Reports. Counsel will submit to the Court by January 21, 2021 a brief written statement indicating their preliminary understanding of the facts involved in the litigation and the critical factual and legal issues. These statements will not be filed with the Clerk, will not be binding, will not waive claims or defenses, and may not be offered into evidence against a party in later proceedings. (d) List of Affiliated Companies and Counsel. To assist the Court in identifying any problems of recusal or disqualification, counsel will submit to the Court by January 14, 2021 a list of all companies affiliated with the parties and all counsel associated in the litigation. (e) List of Pending Motions. Counsel's statement shall list all pending motions. (f) List of Related Cases. Counsel's statement shall list all related cases pending in state or federal court and their current status, to the extent known. 4. Interim Measures. Until otherwise ordered by the Court: (a) Admission of Counsel. Attorneys admitted to practice and in good standing in any United States District Court are admitted pro hac vice in this litigation. Association of local co-counsel is not required. (b) Pleadings. Each defendant is granted an extension of time for responding by motion or answer to the complaint(s) until a date to be set at the conference. (c) Pending and New Discovery. Pending the conference, all outstanding disclosure and discovery proceedings are stayed and no further discovery shall be initiated. This Order does not (1) preclude voluntary informal discovery regarding the identification and location of relevant documents and witnesses; (2) preclude parties from stipulating to the conduct of a deposition that has already been scheduled; (3) prevent a party from voluntarily making disclosures, responding to an outstanding discovery request under Federal Rule of Civil Procedure 33, 34, or 36; or (4) authorize a party to suspend its efforts in gathering information needed to respond to a request under Rule 33, 34, or 36. Relief from this stay may be granted for good cause shown, such as the ill health of a proposed deponent. (d) Preservation of Records. All parties are reminded of their obligation to preserve evidence that may be relevant to the actions. See MCL 40.25. (e) Motions. No motion shall be filed under Rule 11, 12, or 56 without leave of court and unless it includes a certificate that the movant has conferred with opposing counsel in a good-faith effort to resolve the matter without court action. (f) Orders of Transferor Courts. All orders by transferor courts imposing dates for pleading or discovery are vacated. 5. Later-Filed Cases. This Order shall also apply to related cases later filed in, removed to, or transferred to this Court. 6. Applications for Lead and Liaison Counsel Appointments. The Court intends to appoint plaintiffs' lead counsel and/or plaintiffs' liaison counsel. Applications for these positions must be filed with the Clerk's office on or before January 21, 2021. The Court will only consider attorneys who have filed a civil action in this litigation. The main criteria for these appointments are (1) willingness and ability to commit to a time-consuming process; (2) ability to work cooperatively with others; (3) professional experience in this type of litigation; and (4) access to sufficient resources to advance the litigation in a timely manner. (Initial Conference set for 1/28/2021 at 02:30 PM before Judge John G. Koeltl.) (Signed by Judge John G. Koeltl on 12/23/2020) Filed In Associated Cases: 1:20-md-02968-JGK et al. (nb)
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| Filing 25 MDL TRANSFERRED IN from the United States District Court - District of Kansas; Case Number: 2:20-cv-02380. Original file certified copy of transfer order and docket entries received. (sjo) |
| CONSOLIDATED MDL CASE: Create association to 1:20-md-02968-JGK. (sjo) |
| CASE ACCEPTED AS RELATED. Create association to 1:20-md-02968-JGK. (sjo) |
| Case Designated ECF. (sjo) |
| NOTE TO OUT OF STATE ATTORNEYS: Please visit the Court's website at https://nysd.uscourts.gov/ for information regarding admission to the S.D.N.Y. Bar and the CM/ECF Rules & Filing Instructions. (sjo) |
| 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. (sjo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Judge John G. Koeltl. 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. (sjo) |
| Filing 24 TRANSFER ORDER. Case electronically transferred to the Southern District of New York (MDL 2968). Signed by deputy clerk on 12/17/2020. (hw) [Transferred from Kansas on 12/18/2020.] |
| ***Civil Case Terminated.(hw) [Transferred from Kansas on 12/18/2020.] |
| Filing 23 RESPONSE by Plaintiff Audra Sanchez re #16 Motion to Dismiss for Failure to State a Claim (Scearcy, Nathaniel) [Transferred from Kansas on 12/18/2020.] |
| Filing 22 NOTICE OF CANCELLED HEARING: Status Conference cancelled. The parties have alerted the Court that this case may be consolidated into an MDL. The JPML heard argument on the matter on December 3, 2020, and if this lawsuit is consolidated into an MDL, it will be transferred to a different court for discovery and proceedings. The Court therefore continues the December 17, 2020 Status Conference until after the JPML issues its decision. The parties are directed to promptly advise the Court when the JPML issues its decision so, if appropriate, the Court can reset the Status Conference. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ct) [Transferred from Kansas on 12/18/2020.] |
| Filing 21 MINUTE ORDER REASSIGNING CASE. Case reassigned to District Judge Toby Crouse for all further proceedings. District Judge Daniel D. Crabtree no longer assigned to case. Signed by deputy clerk on 12/10/20. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(kao) [Transferred from Kansas on 12/18/2020.] |
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Filing 20
ORDER granting #19 Unopposed Motion for Extension of Time for Plaintiff to Respond to Defendants' #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. Plaintiff's Response deadline extended to 12/14/2020. Defendants' Reply due no later than 1/14/2021. Signed by District Judge Daniel D. Crabtree on 12/04/2020. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (mig) [Transferred from Kansas on 12/18/2020.]
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| Filing 19 Unopposed MOTION for Extension of Time to File Response as to #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Plaintiff Audra Sanchez (Scearcy, Nathaniel) [Transferred from Kansas on 12/18/2020.] |
| MOTION REFERRAL to Magistrate Judge REMOVED as to: #19 Unopposed MOTION for Extension of Time to File Response as to #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . The motion will be resolved by the District Judge. (ct) [Transferred from Kansas on 12/18/2020.] |
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Filing 18
ORDER SETTING STATUS CONFERENCE: Status Conference set for 12/17/2020 at 1:30 PM by telephone before Magistrate Judge Teresa J. James. In light of the pending motion to dismiss, the Court sets this for a status conference instead of a scheduling conference. Participants shall dial the CONFERENCE LINE at 1-888-363-4749 and enter ACCESS CODE 4901386 to join the conference. Signed by Magistrate Judge Teresa J. James on 11/16/2020. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(ct) [Transferred from Kansas on 12/18/2020.]
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| Filing 17 MEMORANDUM IN SUPPORT of #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Customized Services Administrators, Inc., Generali Global Assistance, Inc., Generali U.S. Branch (Attachments: #1 Exhibit List, #2 Exhibit 1, Sedgwick County COVID-19 Daily Update, #3 Exhibit 2, Ad Astra: A Plan to Reopen Kansas, #4 Exhibit 3, Article, "Kansas is Set to Reopen With Restrictions...")(Stitt, Jason) [Transferred from Kansas on 12/18/2020.] |
| Filing 16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Customized Services Administrators, Inc., Generali Global Assistance, Inc., Generali U.S. Branch (Stitt, Jason) [Transferred from Kansas on 12/18/2020.] |
| Filing 15 CLERKS ORDER EXTENDING TIME until 11/13/2020 for Defendants Generali Global Assistance, Inc., Generali U.S. Branch, Customized Services Administrators, Inc. to answer or otherwise plead. Signed by deputy clerk on 10/26/2020. (ca) [Transferred from Kansas on 12/18/2020.] |
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Filing 14
ORDER granting #10 Motion to Appear Pro Hac Vice of Nathan A. Rice for Customized Services Administrators, Inc., Generali Global Assistance, Inc., Generali U.S. Branch pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Signed by Magistrate Judge Teresa J. James on 9/21/2020. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (smc) [Transferred from Kansas on 12/18/2020.]
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Filing 13
ORDER granting #9 Motion to Appear Pro Hac Vice of Bronwyn F. Pollock for Customized Services Administrators, Inc., Generali Global Assistance, Inc., Generali U.S. Branch pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Signed by Magistrate Judge Teresa J. James on 9/21/2020. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (smc) [Transferred from Kansas on 12/18/2020.]
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Filing 12
ORDER granting #8 Motion to Appear Pro Hac Vice of Matthew C. Sostrin for Customized Services Administrators, Inc., Generali Global Assistance, Inc., Generali U.S. Branch pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Signed by Magistrate Judge Teresa J. James on 9/21/2020. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (smc) [Transferred from Kansas on 12/18/2020.]
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Filing 11
ORDER granting #7 Motion to Appear Pro Hac Vice of Archis A. Parasharami for Customized Services Administrators, Inc., Generali Global Assistance, Inc., Generali U.S. Branch pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Signed by Magistrate Judge Teresa J. James on 9/21/2020. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (smc) [Transferred from Kansas on 12/18/2020.]
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| Filing 10 MOTION for attorney Nathan A. Rice to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-5263136.) by Defendants Customized Services Administrators, Inc., Generali Global Assistance, Inc., Generali U.S. Branch (referred to Magistrate Judge Teresa J. James) (Attachments: #1 Affidavit and ECF Registration Form)(Stitt, Jason) [Transferred from Kansas on 12/18/2020.] |
| Filing 9 MOTION for attorney Bronwyn F. Pollock to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-5263132.) by Defendants Customized Services Administrators, Inc., Generali Global Assistance, Inc., Generali U.S. Branch (referred to Magistrate Judge Teresa J. James) (Attachments: #1 Affidavit and ECF Registration Form)(Stitt, Jason) [Transferred from Kansas on 12/18/2020.] |
| Filing 8 MOTION for attorney Matthew C. Sostrin to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-5263124.) by Defendants Customized Services Administrators, Inc., Generali Global Assistance, Inc., Generali U.S. Branch (referred to Magistrate Judge Teresa J. James) (Attachments: #1 Affidavit and ECF Registration Form)(Stitt, Jason) [Transferred from Kansas on 12/18/2020.] |
| Filing 7 MOTION for attorney Archis A. Parasharami to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-5263116.) by Defendants Customized Services Administrators, Inc., Generali Global Assistance, Inc., Generali U.S. Branch (referred to Magistrate Judge Teresa J. James) (Attachments: #1 Affidavit and ECF Registration Form)(Stitt, Jason) [Transferred from Kansas on 12/18/2020.] |
| Filing 6 MINUTE ORDER REASSIGNING CASE: Case reassigned to District Judge Daniel D. Crabtree for all further proceedings. U.S. District Senior Judge Sam A. Crow no longer assigned to case. Signed by Deputy Clerk on 9/18/20. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(msb) [Transferred from Kansas on 12/18/2020.] |
| Filing 5 CORPORATE DISCLOSURE STATEMENT by Customized Services Administrators, Inc., Generali Global Assistance, Inc., Generali U.S. Branch identifying Assicurazioni Generali S.p.A. as corporate parent (Stitt, Jason) [Transferred from Kansas on 12/18/2020.] |
| Filing 4 ENTRY OF APPEARANCE by Jason D. Stitt on behalf of Customized Services Administrators, Inc., Generali Global Assistance, Inc., Generali U.S. Branch (Stitt, Jason) [Transferred from Kansas on 12/18/2020.] |
| Filing 3 DESIGNATION OF PLACE OF TRIAL filed by Plaintiff Audra Sanchez - trial to be held in Kansas City. (Sifers, Timothy) [Transferred from Kansas on 12/18/2020.] |
| Filing 2 CIVIL COVER SHEET by Plaintiff Audra Sanchez. (Sifers, Timothy) [Transferred from Kansas on 12/18/2020.] |
| Filing 1 COMPLAINT with trial location of Kansas City ( Filing fee $400, Internet Payment Receipt Number AKSDC-5218106.), filed by Audra Sanchez. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F)(Sifers, Timothy) (Additional attachment(s) added on 8/5/2020: #7 Redacted Exhibit C) (ca). Modified on 8/5/2020 to block original Exhibit C and add a redacted copy. (ca). [Transferred from Kansas on 12/18/2020.] |
| SUMMONS ISSUED as to Customized Services Administrators, Inc., Generali Global Assistance, Inc., Generali U.S. Branch. (issued to Attorney for service) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry) (ca) [Transferred from Kansas on 12/18/2020.] |
| NOTICE OF JUDGE ASSIGNMENT: Case assigned to District Judge Sam A. Crow and Magistrate Judge Teresa J. James for all proceedings. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ca) [Transferred from Kansas on 12/18/2020.] |
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| Search for this case: Sanchez v. Generali U.S. Branch et al | |
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| Defendant: Customized Services Administrators, Inc. | |
| Represented By: | Matthew C. Sostrin |
| Represented By: | Bronwyn Pollock |
| Represented By: | Nathan A. Rice |
| Represented By: | Archis A. Parasharami |
| Represented By: | Jason D. Stitt |
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| Defendant: Generali U.S. Branch | |
| Represented By: | Matthew C. Sostrin |
| Represented By: | Bronwyn Pollock |
| Represented By: | Nathan A. Rice |
| Represented By: | Archis A. Parasharami |
| Represented By: | Jason D. Stitt |
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| Defendant: Generali Global Assistance, Inc. doing business as CSA Travel Protection and Insurance Services doing business as Europ Assistance USA, Inc. doing business as Generali Warranty Services, LLC | |
| Represented By: | Matthew C. Sostrin |
| Represented By: | Bronwyn Pollock |
| Represented By: | Nathan A. Rice |
| Represented By: | Archis A. Parasharami |
| Represented By: | Jason D. Stitt |
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| Defendant: Generali Global Assistance and Insurance Services | |
| Represented By: | Matthew C. Sostrin |
| Represented By: | Bronwyn Pollock |
| Represented By: | Nathan A. Rice |
| Represented By: | Archis A. Parasharami |
| Represented By: | Jason D. Stitt |
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| Plaintiff: Audra Sanchez | |
| Represented By: | Nathaniel Scearcy |
| Represented By: | Timothy L. Sifers |
| Represented By: | Nathaniel Kelly Scearcy |
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