In Re: Generali COVID-19 Travel Insurance Litigation
| Howard Morris, Richard Robbins, Amy Flanigan, Tami Paterson, Shelley Keith, Amitabh Sharma, Kari Nixon, Max Bachara, John Marr, Audra Sanchez, Matthew Nixon, Jo Ellen Young, Gary Schrader, Renee Clonts, Melissa Garner, Tralisa Sheridan, Rebecca Oglevee, Kristen Johner and Mark Swafford |
| Assicurazioni Generali Group, S.p.A., Generali U.S. Branch, Generali Global Assistance, Inc., Customized Services Administrators, Inc. and Generali Global Assistance and Insurance Services |
| 1:2020md02968 |
| December 17, 2020 |
| US District Court for the Southern District of New York |
| John G Koeltl |
| Insurance |
| 28 U.S.C. § 1453 |
| None |
Docket Report
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| Filing 23 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 22 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 21
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 20 PROPOSED CASE MANAGEMENT PLAN. Document filed by Generali Global Assistance, Inc., Generali U.S. Branch..(Pollock, Bronwyn) |
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Filing 19
ORDER GRANTING PLAINTIFFS' UNANIMOUS MOTION TO APPOINT INTERIM CO-LEAD COUNSEL, LIAISON COUNSEL, AND AN EXECUTIVE COMMITTEE granting #11 Motion to Appoint Counsel. IT IS HEREBY ORDERED THAT: The Motion is GRANTED. This Court appoints the law firms of Cafferty Clobes Meriwether & Sprengel LLP, Carlson Lynch, LLP, and the Potts Law Firm to serve as Interim Co-Lead Counsel, Kirby McInerney by David Kovel to serve as Liaison Counsel, and an Executive Committee including the firms Raizner Slania LLP, Sauder Schelkopf LLC, Scott + Scott Attorneys at Law LLP, and Zimmerman Reed LLP. The primary attorneys for the Co-Lead Counsel law firms are (1) Bryan Clobes for Cafferty Clobes Meriwether & Sprengel LLP, (2) Jamisen Etzel for Carlson Lynch, LLP, and (3) Derek Potts for the Potts Law Firm. Co-Lead Counsel and Liaison Counsel shall be generally responsible for the following and will call on members of the Executive Committee to assist when and as needed: Determining and presenting in pleadings, motions, memoranda, oral argument, and such other fashion as may be appropriate, personally or by designee, to this Court and opposing parties, the position of plaintiffs on all matters arising during pretrial proceedings; As further set forth in this Order. Liaison Counsel will act as an intermediary with the Court and between defendants' and plaintiffs' counsel. Liaison Counsel will advise plaintiffs' counsel on the local rules and procedure of this Court and applicable laws in this District. Subject to the discretion of Co-Lead Counsel, Liaison Counsel will also work on substantive matters in this action. IT IS SO ORDERED.. (Signed by Judge John G. Koeltl on 1/29/2021) (ks)
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| 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 18 DECLARATION of David E. Kovel in Support re: #11 MOTION to Appoint Counsel NOTICE OF PLAINTIFFS UNANIMOUS MOTION TO APPOINT INTERIM COLEAD COUNSEL, LIAISON COUNSEL, AND AN EXECUTIVE COMMITTEE.. Document filed by Howard Morris. (Attachments: #1 Exhibit A - Revised [Proposed] Leadership Order).(Kovel, David) |
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Filing 17
ORDER: For purposes of the record, defense counsel should list Bronwyn F. Pollock as Lead Counsel and Christopher James Houpt as Liaison Counsel for the defendants. Bronwyn F. Pollock, Mayer Brown LLP, 350 S. Grand Avenue, 25th Floor, Los Angeles, CA 90071, (213)-229-5194, Email: bpollock@mayerbrown.com; Christopher J. Houpt, Mayer Brown LLP (NY), 1221 Avenue of the Americas, 14th Floor, New York, NY 10020-1001, (212) 506-2380, FAX: (212) 849-5830, Email: choupt@mayerbrown.com. SO ORDERED. (Signed by Judge John G. Koeltl on 1/28/2021) (ks)
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| Filing 16 DECLARATION of David E. Kovel in Support re: #11 MOTION to Appoint Counsel NOTICE OF PLAINTIFFS UNANIMOUS MOTION TO APPOINT INTERIM COLEAD COUNSEL, LIAISON COUNSEL, AND AN EXECUTIVE COMMITTEE.. Document filed by Howard Morris. (Attachments: #1 Exhibit A - [Proposed] Leadership Order).(Kovel, David) |
| Filing 15 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 14 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 13 DECLARATION of David E. Kovel in Support re: #11 MOTION to Appoint Counsel NOTICE OF PLAINTIFFS UNANIMOUS MOTION TO APPOINT INTERIM COLEAD COUNSEL, LIAISON COUNSEL, AND AN EXECUTIVE COMMITTEE.. Document filed by Howard Morris. (Attachments: #1 Exhibit A - Cafferty Clobes Firm Resume, #2 Exhibit B - Carlson Lynch Firm Resume, #3 Exhibit C - Potts Law Firm Firm Resume, #4 Exhibit D - Kirby McInerney Firm Resume, #5 Exhibit E - Raizner Slania Firm Resume, #6 Exhibit F - Sauder Schelkopf Firm Resume, #7 Exhibit G - Scott+Scott Firm Resume, #8 Exhibit H - Zimmerman Reed Firm Resume).(Kovel, David) |
| Filing 12 MEMORANDUM OF LAW in Support re: #11 MOTION to Appoint Counsel NOTICE OF PLAINTIFFS UNANIMOUS MOTION TO APPOINT INTERIM COLEAD COUNSEL, LIAISON COUNSEL, AND AN EXECUTIVE COMMITTEE. . Document filed by Howard Morris..(Kovel, David) |
| Filing 11 MOTION to Appoint Counsel NOTICE OF PLAINTIFFS UNANIMOUS MOTION TO APPOINT INTERIM COLEAD COUNSEL, LIAISON COUNSEL, AND AN EXECUTIVE COMMITTEE. Document filed by Howard Morris..(Kovel, David) |
| Filing 10 NOTICE OF APPEARANCE by Derek H Potts on behalf of Jo Ellen Young..(Potts, Derek) |
| Filing 9 NOTICE OF APPEARANCE by Derek H Potts on behalf of Tralisa Sheridan..(Potts, Derek) |
| Filing 8 NOTICE OF APPEARANCE by Derek H Potts on behalf of Audra Sanchez..(Potts, Derek) |
| Filing 7 NOTICE of LIST OF PARTIES, AFFILIATED COMPANIES, AND COUNSEL PURSUANT TO ORDER #1 re: #2 Order,,,,,,,,,,,,,,,,,,,,,,,,,, Set Hearings,,,,,,,,,,,,,,,,,,,,,,,,,. Document filed by Assicurazioni Generali Group, S.p.A., Customized Services Administrators, Inc., Generali Global Assistance, Inc., Generali U.S. Branch..(Houpt, Christopher) |
| Filing 6 NOTICE OF APPEARANCE by Alia M Abdi on behalf of Max Bachara, Renee Clonts, Melissa Garner, John Marr, Richard Robbins, Amitabh Sharma. Filed In Associated Cases: 1:20-md-02968-JGK, 1:20-cv-06635-JGK.(Abdi, Alia) |
| Filing 5 NOTICE OF APPEARANCE by John Gordon Rudd, Jr on behalf of Max Bachara, Renee Clonts, Melissa Garner, John Marr, Richard Robbins, Amitabh Sharma. Filed In Associated Cases: 1:20-md-02968-JGK, 1:20-cv-06635-JGK.(Rudd, John) |
| Filing 4 NOTICE OF APPEARANCE by David M. Cialkowski on behalf of Max Bachara, Renee Clonts, Melissa Garner, John Marr, Richard Robbins, Amitabh Sharma. Filed In Associated Cases: 1:20-md-02968-JGK, 1:20-cv-06635-JGK.(Cialkowski, David) |
| Filing 3 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 2
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 1 CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER IN ORDER FROM THE MDL PANEL... transferring this action from the United States District Court - that pursuant to 28 U.S.C. 1407, the actions listed on the attached schedule A and pending in the District of Illinois, Kansas, New York, Ohio, South Carolina and Texas, and the same hereby are, transferred to the Southern District of New York, with the consent of that court, assigned to the Honorable Judge John G. Koeltl, for coordinated or consolidated pretrial proceedings with the actions pending in that district and listed on Schedule A. (Signed by MDL Panel on 12/17/2020) (sjo) |
| Case Designated ECF. (sjo) |
| CASES ORIGINATING FROM THE SOUTHERN DISTRICT OF NEW YORK: 1:20-cv-04430 (JGK). (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) |
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