Flanigan v Generali U.S. Branch, et al.
| Amy Flanigan |
| Generali Global Assistance, Inc. doing business as CSA Travel Protection and Insurance Services, Generali U.S. Branch and Customized Services Administrators, Inc. |
| 1:2020cv10708 |
| December 18, 2020 |
| US District Court for the Southern District of New York |
| John G Koeltl |
| Insurance |
| 28 U.S.C. § 1332 in |
| Plaintiff |
Docket Report
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| Filing 32 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 31 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 30
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 29 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 28 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 27 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) |
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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 Ohio Northern; Case Number: 3:20-cv-01807. 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) |
| 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) |
| 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) |
| Filing 24 Transfer Order by the Judicial Panel on Multidistrict Litigation. In re: MDL 2968 Generali COVID-19 Travel Insurance Litigation. Case transferred to the Southern District of New York and assigned to the Honorable John G. Koeltl. (P,R) [Transferred from Ohio Northern on 12/18/2020.] |
| Filing 23 Marginal Entry Order granting #18 Motion for appearance pro hac vice by attorney Nathan A. Rice for Customized Services Administrators, Inc., Generali Global Assistance, Inc., and Generali U.S. Branch. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. Judge Jack Zouhary on 10/7/2020. (Attachments: #1 ACTL Code of Conduct)(D,L) [Transferred from Ohio Northern on 12/18/2020.] |
| Filing 22 Marginal Entry Order granting #17 Motion for appearance pro hac vice by attorney Matthew C. Sostrin for Customized Services Administrators, Inc., Generali Global Assistance, Inc., and Generali U.S. Branch. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. Judge Jack Zouhary on 10/7/2020. (Attachments: #1 ACTL Code of Conduct)(D,L) [Transferred from Ohio Northern on 12/18/2020.] |
| Filing 21 Marginal Entry Order granting #16 Motion for appearance pro hac vice by attorney Michael J. Gill for Customized Services Administrators, Inc., Generali Global Assistance, Inc., Generali U.S. Branch. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. Judge Jack Zouhary on 10/7/2020. (Attachments: #1 ACTL Code of Conduct)(D,L) [Transferred from Ohio Northern on 12/18/2020.] |
| Filing 20 Marginal Entry Order granting #15 Motion for appearance pro hac vice by attorney Archis A. Parasharami for Customized Services Administrators, Inc., Generali Global Assistance, Inc., and Generali U.S. Branch. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. Judge Jack Zouhary on 10/7/2020. (Attachments: #1 ACTL Code of Conduct)(D,L) [Transferred from Ohio Northern on 12/18/2020.] |
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Filing 19
ORDER. Initial Phone Status held on 9/21/20. Motion is pending with the Judicial Panel on Multidistrict Litigation to consolidate this case with others. In the interest of efficiency and economy, Court stays all legal filings, including the Answer. Counsel shall promptly file a brief Joint Status Report after the Panel reaches a decision. In the interim, if Defendants anticipate filing a Motion to Dismiss with this Court, they shall first confer with opposing counsel and exchange position letters. No formal motion shall be filed until after the MDL Panel rules. (15 min) Judge Jack Zouhary on 9/22/20. (S,Na) [Transferred from Ohio Northern on 12/18/2020.]
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| FILING ERROR Notice to Attorney Steven Scott Schulte. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. (O,K) Modified to note error, filed in wrong case on 9/18/2020 (O,K). [Transferred from Ohio Northern on 12/18/2020.] |
| Filing 18 Motion for attorney Nathan A. Rice to Appear Pro Hac Vice and Declaration of Nathan A. Rice . Filing fee $ 120, receipt number AOHNDC-10273907, filed by Customized Services Administrators, Inc., Generali Global Assistance, Inc., Generali U.S. Branch. (Zarlenga, Carmine) [Transferred from Ohio Northern on 12/18/2020.] |
| Filing 17 Motion for attorney Matthew C. Sostrin to Appear Pro Hac Vice and Declaration of Matthew C. Sostrin. Filing fee $ 120, receipt number AOHNDC-10273885, filed by Customized Services Administrators, Inc., Generali Global Assistance, Inc., Generali U.S. Branch. (Zarlenga, Carmine) [Transferred from Ohio Northern on 12/18/2020.] |
| Filing 16 Motion for attorney Michael J. Gill to Appear Pro Hac Vice and Declaration of Michael J. Gill. Filing fee $ 120, receipt number AOHNDC-10273871, filed by Customized Services Administrators, Inc., Generali Global Assistance, Inc., Generali U.S. Branch. (Zarlenga, Carmine) [Transferred from Ohio Northern on 12/18/2020.] |
| Filing 15 Motion for attorney Archis A. Parasharami to Appear Pro Hac Vice and Declaration of Archis A. Parasharami. Filing fee $ 120, receipt number AOHNDC-10273813, filed by Customized Services Administrators, Inc., Generali Global Assistance, Inc., Generali U.S. Branch. (Zarlenga, Carmine) [Transferred from Ohio Northern on 12/18/2020.] |
| Filing 14 Corporate Disclosure Statement identifying Corporate Parent Assicurazioni Generali S.p.A. for Customized Services Administrators, Inc., Generali Global Assistance, Inc. filed by Customized Services Administrators, Inc., Generali Global Assistance, Inc.. (Zarlenga, Carmine) [Transferred from Ohio Northern on 12/18/2020.] |
| NOTICE [non-document] of Initial Phone Status set for 9/21/20 at 11:00 AM (EDT) before Judge Jack Zouhary. This Court will initiate the call. No dispositive motions shall be filed prior to the Initial Phone Status. (S,Na) [Transferred from Ohio Northern on 12/18/2020.] |
| Filing 13 Attorney Appearance by Carmine R. Zarlenga, III filed by on behalf of Customized Services Administrators, Inc., Generali Global Assistance, Inc. (Zarlenga, Carmine) [Transferred from Ohio Northern on 12/18/2020.] |
| Filing 12 Corporate Disclosure Statement identifying Corporate Parent Assicurazioni Generali S.p.A. for Generali U.S. Branch filed by Generali U.S. Branch. (Zarlenga, Carmine) [Transferred from Ohio Northern on 12/18/2020.] |
| Filing 11 Attorney Appearance by Carmine R. Zarlenga, III filed by on behalf of Generali U.S. Branch. (Zarlenga, Carmine) [Transferred from Ohio Northern on 12/18/2020.] |
| Filing 10 Return of Service by process server executed upon Customized Services Administrators, Inc. on 8/18/2020, filed on behalf of Amy Flanigan (Raizner, Jeffrey) [Transferred from Ohio Northern on 12/18/2020.] |
| Filing 9 Return of Service by process server executed upon Generali Global Assistance, Inc. on 8/18/2020, filed on behalf of Amy Flanigan. (Raizner, Jeffrey) [Transferred from Ohio Northern on 12/18/2020.] |
| Filing 8 Return of Service by process server executed upon Generali U.S. Branch on 8/18/2020, filed on behalf of Amy Flanigan. (Raizner, Jeffrey) [Transferred from Ohio Northern on 12/18/2020.] |
| Filing 7 Civil Case Management Procedures Order. Judge Jack Zouhary on 8/14/2020. (M,L) [Transferred from Ohio Northern on 12/18/2020.] |
| Filing 6 Original Summons and Magistrate Consent Form issued to counsel for service upon Customized Services Administrators, Inc., Generali Global Assistance, Inc., Generali U.S. Branch. (Attachments: #1 Magistrate Consent Form) (M,L) [Transferred from Ohio Northern on 12/18/2020.] |
| Filing 5 Supplement to Complaint, - Civil Cover Sheet and Summons, filed by Amy Flanigan. Related document(s) #1 . (Attachments: #1 Summons-Generali US Branch, #2 Summons-Generali Global Assistance, Inc., #3 Summons-Customized Services Administrators, Inc.)(Raizner, Jeffrey) [Transferred from Ohio Northern on 12/18/2020.] |
| Filing 4 FILING ERROR: Request to Clerk for service upon Customized Services Administrators, Inc. by certified mail. filed by Amy Flanigan. (Raizner, Jeffrey) Modified on 8/14/2020: Wrong event and missing information. Filer notified. (M,L). [Transferred from Ohio Northern on 12/18/2020.] |
| Filing 3 FILING ERROR: Request to Clerk for service upon Generali Global Assistance, Inc. by certified mail. filed by Amy Flanigan. (Raizner, Jeffrey) Modified on 8/14/2020: Wrong event and missing information. (M,L). [Transferred from Ohio Northern on 12/18/2020.] |
| Filing 2 FILING ERROR: Request to Clerk for service upon Generali U.S. Branch by certified mail. filed by Amy Flanigan. (Raizner, Jeffrey) Modified on 8/14/2020: Wrong event and missing information. (M,L). [Transferred from Ohio Northern on 12/18/2020.] |
| Filing 1 Original Class Action Complaint with jury demand against Customized Services Administrators, Inc., Generali Global Assistance, Inc., Generali U.S. Branch. Filing fee paid $ 400, Receipt number AOHNDC-10185067. Filed by Amy Flanigan. (Attachments: #1 Exhibit A: Travel Insurance Policy, #2 Exhibit B: Policy Confirmation Letter, #3 Exhibit C: Payment Request, #4 Exhibit D: Claims Correspondence, #5 Exhibit E: Coronavius Notice, #6 Civil Cover Sheet) (Raizner, Jeffrey) Modified text on 8/14/2020 (M,L). [Transferred from Ohio Northern on 12/18/2020.] |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge James R. Knepp, II. (M,L) [Transferred from Ohio Northern on 12/18/2020.] |
| Notice re Prompt Service. Counsel for Plaintiff is responsible for promptly serving the Complaint on Defendant(s) upon receiving the issued summons from the Clerk and, after service has been perfected, electronically filing a Return of Service or an executed Waiver of Service for each Defendant.Service is to be accomplished pursuant to Fed. R. Civ. P. 4, which includes provisions for personal service and waiver of service, and Local Rule 4.2. If you wish the Clerk to serve the Complaint on Defendant(s) (a seldom used alternative because it does not save time or money), you must provide the Clerk's office with copies of the Complaint along with other necessary documents, in the manner set forth in Local Rule 4.2(a).After Defendant(s) have been served and counsel enter an appearance, this Court will promptly hold an Initial Phone Status Conference. No Motion to Dismiss may be filed in advance of this Conference. The responsive pleading deadline will be automatically tolled until that time. (M,L) [Transferred from Ohio Northern on 12/18/2020.] |
| Judge Jack Zouhary assigned to case. (M,L) [Transferred from Ohio Northern on 12/18/2020.] |
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