Spirit Realty Capital, Inc. v. Westport Insurance Corporation
| Spirit Realty Capital, Inc. |
| Westport Insurance Corporation |
| 1:2021cv02261 |
| March 16, 2021 |
| US District Court for the Southern District of New York |
| Jesse M Furman |
| Insurance |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 21, 2021. A more recent docket listing may be available from PACER.
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Filing 22
ORDER, It is hereby ORDERED that Plaintiff shall file any amended complaint by May 31, 2021. Plaintiff will not be given any further opportunity to amend the complaint to address issues raised by the motion to dismiss. If no amended complaint is filed, Plaintiff shall file any opposition to the motion to dismiss by May 31, 2021. Defendant's reply, if any, shall be filed by June 7, 2021. At the time any reply is served, the moving party shall supply the Court with one, double-sided courtesy hard copy of all motion papers by mailing or delivering them to the Thurgood Marshall United States Courthouse, 40 Centre Street, New York, New York. Finally, it is further ORDERED that the initial pretrial conference previously scheduled for June 1, 2021, is adjourned sine die. SO ORDERED. ( Amended Pleadings due by 5/31/2021., Responses due by 5/31/2021, Replies due by 6/7/2021.) (Signed by Judge Jesse M. Furman on 5/11/21) (yv)
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Filing 21
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Swiss Re Solutions Holding Corporation, Corporate Parent Swiss Reinsurance Company Ltd., Corporate Parent Swiss Re America Holding Corporation for Westport Insurance Corporation. Document filed by Westport Insurance Corporation..(Deckman, Mark)
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Filing 20
DECLARATION of Stacy Barkdull in Support re: #17 MOTION to Dismiss .. Document filed by Westport Insurance Corporation. (Attachments: #1 Exhibit A Westport Insurance Contract, #2 Exhibit B Notice Email, #3 Exhibit C 4/15/2020 Letter, #4 Exhibit D 5/11/2020 Letter, #5 Exhibit E 5/19/2020 Letter, #6 Exhibit F 7/6/2020 Letter, #7 Exhibit G 10/28/2020 Declination Letter, #8 Exhibit H 1/7/2021 Letter, #9 Exhibit I 1/28/2021 Letter).(Deckman, Mark)
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Filing 19
DECLARATION of Mark L. Deckman in Support re: #17 MOTION to Dismiss .. Document filed by Westport Insurance Corporation. (Attachments: #1 Exhibit A- Complaint, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H).(Deckman, Mark)
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Filing 18
MEMORANDUM OF LAW in Support re: #17 MOTION to Dismiss . . Document filed by Westport Insurance Corporation..(Deckman, Mark)
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Filing 17
MOTION to Dismiss . Document filed by Westport Insurance Corporation..(Deckman, Mark)
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Filing 16
ORDER granting #14 Letter Motion for Extension of Time to Answer. Application GRANTED. The Clerk of Court is directed to terminate ECF No. 14. Westport Insurance Corporation answer due 5/10/2021. (Signed by Judge Jesse M. Furman on 4/7/2021) (mro)
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Filing 15
NOTICE OF APPEARANCE by Aidan Middlemiss McCormack on behalf of Westport Insurance Corporation..(McCormack, Aidan)
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Filing 14
CONSENT LETTER MOTION for Extension of Time to File Answer re: #1 Complaint addressed to Judge Jesse M. Furman from Mark L. Deckman dated April 6, 2021. Document filed by Westport Insurance Corporation..(Deckman, Mark)
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Filing 13
ORDER granting #11 Motion for Amber S. Finch to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
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Filing 12
ORDER granting #10 Motion for T. Connor O'Carroll to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
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Filing 11
MOTION for Amber S. Finch to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Spirit Realty Capital, Inc.. (Attachments: #1 Affidavit of Amber S. Finch in Support of Her Motion for Admission Pro Hac Vice, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order).(Finch, Amber)
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Filing 10
MOTION for T. Connor O'Carroll to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Spirit Realty Capital, Inc.. (Attachments: #1 Affidavit of T. Connor O'Carroll in Support of His Motion for Admission Pro Hav Vice, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order).(O'Carroll, Thomas)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #10 MOTION for T. Connor O'Carroll to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #11 MOTION for Amber S. Finch to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
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Filing 9
AFFIDAVIT OF SERVICE of Summons and Complaint. Westport Insurance Corporation served on 3/18/2021, answer due 4/8/2021. Service was accepted by Julie Bottemuller, as head receptionist for Westport Insurance Company. Document filed by Spirit Realty Capital, Inc...(Crawford, Anthony)
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Filing 8
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Amber S. Finch to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24279491. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Spirit Realty Capital, Inc.. (Attachments: #1 Exhibit Affidavit of oAmber S. Finch in Support of her Motion for Admission Pro Hac Vice, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order).(Crawford, Anthony) Modified on 3/19/2021 (bcu).
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Filing 7
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for T. Connor O'Carroll to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24279269. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Spirit Realty Capital, Inc.. (Attachments: #1 Exhibit Affidavit of T. Connor O'Carroll in Support of his Motion for Admission Pro Hac Vice, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order).(Crawford, Anthony) Modified on 3/19/2021 (bcu).
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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #8 MOTION for Amber S. Finch to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24279491. Motion and supporting papers to be reviewed by Clerk's Office staff., #7 MOTION for T. Connor O'Carroll to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24279269. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): Attorney Affidavits were not notarized;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (bcu)
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Filing 6
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Spirit Realty Capital, Inc...(Crawford, Anthony)
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Filing 5
NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 6/1/2021 at 04:30 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. SO ORDERED. (Signed by Judge Jesse M. Furman on 3/17/2021) (ks)
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Filing 4
ELECTRONIC SUMMONS ISSUED as to Westport Insurance Corporation..(jgo)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jesse M. Furman. 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..(jgo)
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Magistrate Judge Robert W. Lehrburger 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. (jgo)
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Case Designated ECF. (jgo)
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Filing 3
REQUEST FOR ISSUANCE OF SUMMONS as to Westport Insurance Corporation, re: #1 Complaint. Document filed by Spirit Realty Capital, Inc...(Crawford, Anthony)
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Filing 2
CIVIL COVER SHEET filed..(Crawford, Anthony)
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Filing 1
COMPLAINT against Westport Insurance Corporation. (Filing Fee $ 402.00, Receipt Number ANYSDC-24257294)Document filed by Spirit Realty Capital, Inc.. (Attachments: #1 Exhibit Insurance Policy).(Crawford, Anthony)
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