Paterson v. Generali U.S. Branch et al
| Tami Paterson |
| Generali Global Assistance, Inc. doing business as CSA Travel Protection and Insurance Services, Generali U.S. Branch and Customized Services Administrators, Inc. |
| 1:2020cv10755 |
| December 21, 2020 |
| US District Court for the Southern District of New York |
| John G Koeltl |
| Insurance |
| 28 U.S.C. § 1332 ds |
| Plaintiff |
Docket Report
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| Filing 31 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 30 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 29
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 28 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 27 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 26 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 25
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 24 MDL TRANSFERRED IN from the United States District Court - District of Texas Eastern; Case Number: 2:20-cv-00266. 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 23 CERTIFIED TRANSER ORDER. Signed by the Panel on Multidistrict Litigation (klc, ) [Transferred from Texas Eastern on 12/21/2020.] |
| Interdistrict transfer to the Southern District of New York. (klc, ) [Transferred from Texas Eastern on 12/21/2020.] |
| Filing 22 REPLY to Response to Motion re #15 MOTION to Dismiss Under Rule 12(b)(6) Reply in support of Defendants' Motion to Dismiss Pursuant to Rule 12(b)(6) filed by Customized Services Administrators, Inc., Generali Global Assistance, Inc., Generali U.S. Branch. (Harrell, Robert) [Transferred from Texas Eastern on 12/21/2020.] |
| ***FILED IN ERROR - was filed using the wrong docket event. Document # 21, RESPONSE in Support. PLEASE IGNORE.*** (nkl, ) [Transferred from Texas Eastern on 12/21/2020.] |
| Filing 21 FILED IN ERROR RESPONSE in Support re #15 MOTION to Dismiss Under Rule 12(b)(6) filed by Generali Global Assistance, Inc., Generali U.S. Branch. (Harrell, Robert) Modified on 12/8/2020 (nkl, ). [Transferred from Texas Eastern on 12/21/2020.] |
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Filing 20
ORDER granting #19 Motion for Extension of Time to File Response/Reply re #15 MOTION to Dismiss Under Rule 12(b)(6) Replies due by 12/7/2020.. Signed by District Judge Rodney Gilstrap on 11/25/2020. (nkl, ) [Transferred from Texas Eastern on 12/21/2020.]
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| Filing 19 Unopposed MOTION for Extension of Time to File Response/Reply as to #15 MOTION to Dismiss Under Rule 12(b)(6) by Customized Services Administrators, Inc., Generali Global Assistance, Inc., Generali U.S. Branch. (Attachments: #1 Text of Proposed Order [PROPOSED] Order granting unopposed motion to extend time to file reply brief to defendant's motion to dismiss)(Harrell, Robert) [Transferred from Texas Eastern on 12/21/2020.] |
| Filing 18 RESPONSE in Opposition re #15 MOTION to Dismiss Under Rule 12(b)(6) filed by Tami Paterson. (Attachments: #1 Exhibit Certificate of Service, #2 Text of Proposed Order)(Beyea-Schroeder, Karen) (Additional attachment(s) added on 11/24/2020: #3 Revised Proposed Order) (nkl, ). [Transferred from Texas Eastern on 12/21/2020.] |
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Filing 17
DOCKET CONTROL ORDER re #14 Joint MOTION for Entry of Docket Control Order filed by Customized Services Administrators, Inc., Generali U.S. Branch, Generali Global Assistance, Inc.., Hearing set for 12/2/2021 09:00 AM before District Judge Rodney Gilstrap., Amended Pleadings due by 3/16/2021., Discovery due by 9/8/2021., Joinder of Parties due by 3/16/2021. Signed by District Judge Rodney Gilstrap on 11/18/2020. (nkl, ) [Transferred from Texas Eastern on 12/21/2020.]
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Filing 16
DISCOVERY ORDER. Signed by District Judge Rodney Gilstrap on 11/18/2020. (nkl, ) [Transferred from Texas Eastern on 12/21/2020.]
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| Minute Entry for proceedings held before District Judge Rodney Gilstrap: Scheduling Conference held on 11/13/2020. Counsel for the parties appeared and were asked if any modification needed to be made to the Discovery Order, Docket Control Order and/or Protective Order. Counsel requested that the Court modify the Docket Control Order as discussed at the hearings. Counsel indicated that a Protective Order was not needed. (Court Reporter Shelly Holmes, CSR, TCRR.) (klc, ) [Transferred from Texas Eastern on 12/21/2020.] |
| Filing 15 MOTION to Dismiss Under Rule 12(b)(6) by Customized Services Administrators, Inc., Generali Global Assistance, Inc., Generali U.S. Branch. (Attachments: #1 Exhibit 1, #2 Text of Proposed Order)(Harrell, Robert) [Transferred from Texas Eastern on 12/21/2020.] |
| Filing 14 Joint MOTION for Entry of Docket Control Order by Customized Services Administrators, Inc., Generali Global Assistance, Inc., Generali U.S. Branch. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Text of Proposed Order, #4 Text of Proposed Order (Proposed Docket Control Order))(Harrell, Robert) (Additional attachment(s) added on 11/12/2020: #5 Revised Proposed Order, #6 Revised Proposed Docket Control Order) (nkl, ). [Transferred from Texas Eastern on 12/21/2020.] |
| Filing 13 CORPORATE DISCLOSURE STATEMENT filed by Customized Services Administrators, Inc., Generali U.S. Branch identifying Corporate Parent Assicurazioni Generali S.P.A., Corporate Parent Europ Assistance North America, Inc., Corporate Parent Europ Assistance Holding, S.A. for Customized Services Administrators, Inc. ; Corporate Parent Assicurazioni Generali S.P.A., Corporate Parent Borsa Italiana for Generali U.S. Branch. (Harrell, Robert) [Transferred from Texas Eastern on 12/21/2020.] |
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Filing 12
NOTICE OF SCHEDULING CONFERENCE, PROPOSED DEADLINES FOR DOCKET CONTROL ORDER AND DISCOVERY ORDER - Scheduling Conference set for 11/13/2020 10:00 AM before District Judge Rodney Gilstrap. Signed by District Judge Rodney Gilstrap on 10/15/2020. (nkl, ) Modified on 10/16/2020 (nkl, ). [Transferred from Texas Eastern on 12/21/2020.]
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| Filing 11 NOTICE of Attorney Appearance by Jack Wesley Hill on behalf of Customized Services Administrators, Inc., Generali Global Assistance, Inc., Generali U.S. Branch (Hill, Jack) [Transferred from Texas Eastern on 12/21/2020.] |
| Filing 10 NOTICE of Attorney Appearance by Charles Everingham, IV on behalf of Customized Services Administrators, Inc., Generali Global Assistance, Inc., Generali U.S. Branch (Everingham, Charles) [Transferred from Texas Eastern on 12/21/2020.] |
| Filing 9 NOTICE of Attorney Appearance by Andrea Leigh Fair on behalf of Customized Services Administrators, Inc., Generali Global Assistance, Inc., Generali U.S. Branch (Fair, Andrea) [Transferred from Texas Eastern on 12/21/2020.] |
| Filing 8 NOTICE of Attorney Appearance by Susan Lynn Alkadri on behalf of Customized Services Administrators, Inc., Generali Global Assistance, Inc., Generali U.S. Branch (Alkadri, Susan) [Transferred from Texas Eastern on 12/21/2020.] |
| Filing 7 NOTICE of Attorney Appearance by Robert Stanford Harrell on behalf of Customized Services Administrators, Inc., Generali Global Assistance, Inc., Generali U.S. Branch (Harrell, Robert) [Transferred from Texas Eastern on 12/21/2020.] |
| Filing 6 WAIVER OF SERVICE Returned Executed by Tami Paterson. (Beyea-Schroeder, Karen) [Transferred from Texas Eastern on 12/21/2020.] |
| Filing 5 WAIVER OF SERVICE Returned Executed by Tami Paterson. (Beyea-Schroeder, Karen) [Transferred from Texas Eastern on 12/21/2020.] |
| Filing 4 WAIVER OF SERVICE Returned Executed by Tami Paterson. (Beyea-Schroeder, Karen) [Transferred from Texas Eastern on 12/21/2020.] |
| Filing 3 AMENDED COMPLAINT against All Defendants, filed by Tami Paterson. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)(Beyea-Schroeder, Karen)[Transferred from Texas Eastern on 12/21/2020.] |
| Filing 2 Case Assigned to District Judge Rodney Gilstrap. (nkl, ) [Transferred from Texas Eastern on 12/21/2020.] |
| In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form #Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge. (nkl, ) [Transferred from Texas Eastern on 12/21/2020.] |
| Filing 1 COMPLAINT Class Action against All Defendants ( Filing fee $ 400 receipt number 0540-7946054.), filed by Tami Paterson. (Attachments: #1 Exhibit Policy, #2 Exhibit Booking Confirmation, #3 Exhibit Hayes Co Order, #4 Exhibit CSA Policy Information, #5 Exhibit Cancellation Request, #6 Exhibit CSA Claim, #7 Exhibit Denial of Claim, #8 Exhibit Covid-19 Notice, #9 Civil Cover Sheet)(Beyea-Schroeder, Karen) [Transferred from Texas Eastern on 12/21/2020.] |
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