Moskowitz v. Principal Life Insurance Company
Plaintiff: Jacob Moskowitz
Defendant: Principal Life Insurance Company
Case Number: 1:2021cv03030
Filed: April 8, 2021
Court: US District Court for the Southern District of New York
Presiding Judge: Andrew L Carter
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Plaintiff
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This docket was last retrieved on July 31, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 3, 2021 Opinion or Order Filing 26 CERTIFICATE OF SERVICE of Notice of Motion & Supporting Documents served on Counsel of Record on 6/3/2021. Document filed by Principal Life Insurance Company..(Duffy, Colleen)
June 3, 2021 Opinion or Order Filing 25 PROPOSED ORDER. Document filed by Principal Life Insurance Company. Related Document Number: #21 ..(Duffy, Colleen) Proposed Order to be reviewed by Clerk's Office staff.
June 3, 2021 Opinion or Order Filing 24 MEMORANDUM OF LAW in Support re: #21 MOTION to Dismiss Plaintiff's Amended Complaint. . Document filed by Principal Life Insurance Company..(Duffy, Colleen)
June 3, 2021 Opinion or Order Filing 23 DECLARATION of John R. Williams in Support re: #21 MOTION to Dismiss Plaintiff's Amended Complaint.. Document filed by Principal Life Insurance Company..(Duffy, Colleen)
June 3, 2021 Opinion or Order Filing 22 DECLARATION of Colleen M. Duffy, Esq. in Support re: #21 MOTION to Dismiss Plaintiff's Amended Complaint.. Document filed by Principal Life Insurance Company..(Duffy, Colleen)
June 3, 2021 Opinion or Order Filing 21 MOTION to Dismiss Plaintiff's Amended Complaint. Document filed by Principal Life Insurance Company..(Duffy, Colleen)
June 3, 2021 Opinion or Order ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Colleen Mary Duffy to RE-FILE Document #20 MOTION to Dismiss . ERROR(S): Supporting documents must be filed separately, each receiving their own document number. Declaration in Support of Motion and Memorandum of Law in Support of Motion are both found under the event list Replies, Opposition and Supporting Documents. (ldi)
June 3, 2021 Opinion or Order ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #25 Proposed Order was reviewed and approved as to form. (dt)
May 28, 2021 Opinion or Order Filing 20 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Dismiss . Document filed by Principal Life Insurance Company. (Attachments: #1 Brief in Support of Motion to Dismiss, #2 Declaration of John R. Williams with Exhibits in Support of Motion to Dismiss, #3 Declaration of Colleen M. Duffy with Exhibit in Support of Motion to Dismiss, #4 Proposed Order, #5 Certification of Service).(Duffy, Colleen) Modified on 6/3/2021 (ldi).
May 14, 2021 Opinion or Order Filing 19 EXHIBIT TO PLEADING re: #18 Amended Complaint,. Document filed by Jacob Moskowitz..(Lipsius, Ira)
May 10, 2021 Opinion or Order Filing 18 FIRST AMENDED COMPLAINT against Principal Life Insurance Company with JURY DEMAND.Document filed by Jacob Moskowitz..(Manela, Phillip) Modified on 5/13/2021 (pc). Modified on 5/17/2021 (sj).
May 7, 2021 Opinion or Order Filing 17 ORDER: The Court is in receipt of the parties' pre-motion conference letters. ECF Nos. 15, 16. Upon review of the submissions, the Court denies Defendant's request for a pre-motion conference. Defendant is hereby GRANTED leave to file a motion to dismiss according to the following briefing schedule: Opening brief: May 28, 2021; Opposition brief: June 18, 2021; Reply brief: June 25, 2021., (Motions due by 5/28/2021., Responses due by 6/18/2021, Replies due by 6/25/2021.) (Signed by Judge Andrew L. Carter, Jr on 5/7/2021) (nb)
May 4, 2021 Opinion or Order Filing 16 LETTER addressed to Judge Andrew L. Carter, Jr. from Phillip M. Manela dated 5/4/2021 re: Pre-Motion Conference. Document filed by Jacob Moskowitz..(Manela, Phillip)
April 30, 2021 Opinion or Order Filing 15 LETTER addressed to Judge Andrew L. Carter, Jr. from Colleen M. Duffy, Esq. dated 4/30/2021 re: Request for Pre-Motion Conference. Document filed by Principal Life Insurance Company..(Nagotko, Janet)
April 14, 2021 Opinion or Order Filing 14 STIPULATION AND ORDER EXTENDING TIME TO FILE RESPONSIVE PLEADINGS TO COMPLAINT: Counsel for Plaintiff Jacob Moskowitz, Phillip M. Manela, Esq., Lipsius-BenHaim Law, LLP, and counsel for Defendant Principal Life Insurance Company, Colleen M. Duffy, Esq., McElroy, Deutsch, Mulvaney & Carpenter, LLP, hereby stipulate and agree, subject to the Court's approval, to extend the time for Defendant to file a responsive pleading to the Complaint to April 30, 2021. In support of this Stipulation, counsel for the parties hereby represent as follows: 1. Plaintiff commenced this action on March 3, 2021 with the filing of a Complaint in the Supreme Court for the State of New York, County of New York. 2. Service of the Summons and Complaint was acknowledged by counsel on behalf of Defendant on March 10, 2021. 3. The action was removed to this Court by Defendant on April 8, 2021. 4. An additional period of time until April 30, 2021 is needed by counsel for Defendant to obtain and review all client files and documents relevant to this case and to prepare a responsive pleading to the Complaint. 5. Therefore, counsel for the parties stipulate and respectfully request that the Court so order Defendant's time to answer, move, or otherwise respond to the Complaint is extended through and including April 30, 2021. IT IS SO STIPULATED. The above application is ORDERED GRANTED., Principal Life Insurance Company answer due 4/30/2021., (Signed by Judge Andrew L. Carter, Jr on 4/14/2021) (rj)
April 14, 2021 Opinion or Order Filing 13 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Principal Financial Group, Inc., Other Affiliate Delaware Charter Guarantee & Trust Company, Other Affiliate Equity FC, Ltd., Other Affiliate Principal Investors Corporation, Other Affiliate Principal Real Estate Investors, LLC, Other Affiliate Principal Financial Group, Inc.,, Other Affiliate PFG DO Brasil Ltda, Other Affiliate Diversified Dental Services, Inc., Other Affiliate Principal Global Services Private Limited, Other Affiliate Principal International Holding Company, LLC, Other Affiliate Principal International De Chile S.A. (Chile), Other Affiliate Principal Reinsurance Company of Vermont, Other Affiliate Principal Holding Company, LLC, Other Affiliate Principal Life Insurance Company of Iowa, Other Affiliate Principal Real Estate Fund Investors, LLC, Other Affiliate Principal Real Estate Holding Company, LLC, Other Affiliate Post Advisory Group, LLC, Other Affiliate Spectrum Asset Management, Inc., Other Affiliate Principal Enterprise Capital, LLC, Other Affiliate Principal Commercial Funding, LLC, Other Affiliate Principal Financial Services, Inc.,, Other Affiliate BrasilPrev Seguros e Previdencia S.A., Other Affiliate CIMB Wealth Advisors Berhad, Other Affiliate Employers Dental Services, Inc., Other Affiliate Finisterre Capital LLP, Other Affiliate Finisterre holdings Limited, Other Affiliate Finisterre Malta Limited, Other Affiliate GAVI PREHC HC, LLC, Other Affiliate GAVI PREPI HC, LLC, Other Affiliate Origin Asset Management LLP, Other Affiliate Petula Associates, LLC, Other Affiliate PGI Finisterre Holding Company Ltd., Other Affiliate PGI Origin Holding Company Ltd., Other Affiliate Preferred Product Network, Inc., Other Affiliate Principal Administradora General de Fondos S.A., Other Affiliate Principal Asset Management Company (Asia) Limited, Other Affiliate Principal Bank, Other Affiliate Principal Commercial Acceptance, LLC, Other Affiliate Principal Compania de Seguros de Vida Chile S.A., Other Affiliate Principal Consulting (India) Private Limited, Other Affiliate Principal Dental Services, Inc., Other Affiliate Principal Development Investors, L.L.C., Other Affiliate Principal Financial Group (Mauritius) Ltd., Other Affiliate Principal Funds Distributor, Inc., Other Affiliate Principal Generation Plant, LLC, Other Affiliate Principal Global Investors (Australia) Limited, Other Affiliate Principal Global Investors (Australia) Service Company Pty Ltd, Other Affiliate Principal Global Investors (Europe) Limited, Other Affiliate Principal Global Investors (Hong Kong) Limited, Other Affiliate Principal Global Investors (Ireland) Limited, Other Affiliate Principal Global Investors (Japan) Ltd., Other Affiliate Principal Global Investors Participacoes, LTDA, Other Affiliate Principal Global Investors (Singapore) Limited, Other Affiliate Principal Insurance Company (Hong Kong) Limited, Other Affiliate Principal International (Asia) Limited, Other Affiliate Principal Mexico Servicios, S.A. De C.V., Other Affiliate Principal Nominee Company (Hong Kong) Limited, Other Affiliate Principal Reinsurance Company of Delaware, Other Affiliate Principal Reinsurance Company of Delaware, Other Affiliate Principal Retirement Advisors Private Limited, Other Affiliate Principal Servicios Corporativos Chile Ltda., Other Affiliate Principal Shareholder Services, Inc., Other Affiliate Principal Trust Company (Asia) Limited, Other Affiliate Principal Trustee Company Private Limited, Other Affiliate Principal Real Estate Portfolio, Inc., Other Affiliate Principal Financial Group, S.A. de C.V., Grupo Financiero, Other Affiliate Administradora de Fondos de Pensiones Cuprum S.A., Other Affiliate CCB Principal Asset Management Co., Ltd., Other Affiliate Ciclic Corretora de Seguros S.A., Other Affiliate Claritas Administragao de Recursos Ltda., Other Affiliate Claritas Investments Ltd., Other Affiliate Finisterre Capital UK Limited, Other Affiliate First Dental Health, Other Affiliate Hipotecaria Security Principal S.A., Other Affiliate INTERNOS Real Estate Limited, Other Affiliate Inversiones Cuprum Internacional S.A., Other Affiliate Liongate Capital Management LLP, Other Affiliate Liongate Limited, Other Affiliate Petula Prolix Development Company, LLC, Other Affiliate PFG Do Brasil 2 Participacoes Ltda, Other Affiliate Principal Advised Services, LLC, Other Affiliate Principal Afore, S.A. De C.V., Principal Grupo Financiero, Other Affiliate Principal Ahorro e Inversiones S.A., Other Affiliate Principal Asia Pacific Investment Consulting (Beijing) Limited, Other Affiliate Principal Asset Management Berhad, Other Affiliate Principal Asset Management Company Limited, Other Affiliate Principal Asset Management Private Limited, Other Affiliate Principal Asset Management (S) Pte. Ltd., Other Affiliate Principal Chile Limitada, Other Affiliate Principal Corporate Secretarial Services Limited, Other Affiliate Principal Enterprise Services (India) LLP, Other Affiliate Principal Financial Services Asia (UK) Ltd, Other Affiliate Principal Financial Services III (UK) Ltd, Other Affiliate Principal Financial Services II (UK) Ltd, Other Affiliate Principal Financial Services II (US), LLC, Other Affiliate Principal Financial Services I (UK) LLP, Other Affiliate Principal Financial Services I (US), LLC, Other Affiliate Principal Financial Services IV (UK) LLP, Other Affiliate Principal Financial Services Latin America Ltd, Other Affiliate Principal Financial Services VI (UK) Ltd, Other Affiliate Principal Financial Services V (UK) Ltd, Other Affiliate Principal Fondos de Inversion, S.A. de C.V., Operadora de Fondos de Inversion, Principal Grupo Financiero, Other Affiliate Principal Global Financial Services (Europe) II Ltd, Other Affiliate Principal Global Financial Services (Europe) Ltd, Other Affiliate Principal Global Investors Asia (UK) Ltd, Other Affiliate Principal Global Investors (EU) Limited, Other Affiliate Principal Global Investors Holding Company, LLC, Other Affiliate Principal Global Investors Holding Company (US), LLC, Other Affiliate Principal Global Investors (Switzerland) GmbH, Other Affiliate Principal Global Investors Trust Company, Other Affiliate Principal Global Services (Philippines) LLC, Other Affiliate Principal Holding Company Chile S.A., Other Affiliate Principal Innovations, Inc., Other Affiliate Principal International Asia (UK) Ltd, Other Affiliate Principal International India (UK) Ltd, Other Affiliate Principal International Latin America Ltd., Other Affiliate Principal International, LLC, Other Affiliate Principal International Mexico, LLC, Other Affiliate Principal International South America II Ltd., Other Affiliate Principal International South America II Ltd., Agenda en Chile, Other Affiliate Principal International South America I Ltd., Other Affiliate Principal International (South Asia) Sdn. Bhd., Other Affiliate Principal Investment & Retirement Services Limited, Other Affiliate Principal Islamic Asset Management Sdn. Bhd., Other Affiliate Principal National Life Insurance Company, Other Affiliate Principal Real Estate B.V., Other Affiliate Principal Real Estate Europe Limited, Other Affiliate Principal Real Estate GmbH, Other Affiliate Principal Real Estate Kapitalverwaltungsgesellschaft mbH, Other Affiliate Principal Real Estate Limited, Other Affiliate Principal Real Estate S. r.l., Other Affiliate Principal Real Estate SAS, Other Affiliate Principal Real Estate S.L., Other Affiliate Principal Real Estate Spezialfondsgesellschaft mbH, Other Affiliate Principal Securities, Inc., Other Affiliate Principal Seguros, S.A. De C.V., Principal Grupo Financiero, Other Affiliate Principal Servicios de Administracion S.A., Other Affiliate Principal Trust Company (Bermuda) Limited, Other Affiliate Principal Trust Company (Hong Kong) Limited, Other Affiliate PT Principal Asset Management, Other Affiliate PT Principal International Indonesia, Other Affiliate RobustWealth, Inc., Other Affiliate SAMI Brokerage LLC, Other Affiliate Veloxiti Commercial Contracting, Inc., Other Affiliate Principal Life Insurance Company, Other Affiliate Principal Global Investors, LLC for Principal Life Insurance Company. Document filed by Principal Life Insurance Company..(Nagotko, Janet)
April 13, 2021 Opinion or Order Filing 12 PROPOSED STIPULATION AND ORDER. Document filed by Principal Life Insurance Company..(Duffy, Colleen)
April 13, 2021 Opinion or Order Filing 11 NOTICE OF APPEARANCE by Colleen Mary Duffy on behalf of Principal Life Insurance Company..(Duffy, Colleen)
April 12, 2021 Opinion or Order Filing 10 NOTICE OF APPEARANCE by Phillip M. Manela on behalf of Jacob Moskowitz..(Manela, Phillip)
April 12, 2021 Opinion or Order Filing 9 NOTICE OF APPEARANCE by Ira S. Lipsius on behalf of Jacob Moskowitz..(Lipsius, Ira)
April 12, 2021 Opinion or Order Filing 8 ORDER granting #6 Motion for Colleen M. Duffy to Appear Pro Hac Vice. Defendant, Principal Life Insurance Company ("Defendant"), by their attorneys, McElroy, Deutsch, Mulvaney, & Carpenter, LLP, 570 Broad Street, 15th Floor, Newark, NJ 07102, having duly moved for an Order permitting attorney Colleen M. Duffy, Esq. of McElroy, Deutsch, Mulvaney, & Carpenter, LLP, to appear as counsel pro hac vice, for all purposes in this action, and good cause having been shown; it is this 12 day of April, 2021 hereby ORDERED that the motion be, and it hereby is, granted. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 4/12/2021) (rj)
April 12, 2021 Opinion or Order ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Janet Nagotko to RE-FILE Document #4 Rule 7.1 Corporate Disclosure Statement. ERROR(S): Corporate Parents were not added. Please re-file this document and when prompted: Are there any corporate parents or other affiliates?, select the YES radio button and enter the Corporate Parent(s) or Affiliate(s). YOU MUST SELECT THE SEARCH BUTTON. Select the correct name or create a new corporate parent. Add the Corporate Parent(s) or Affiliate(s) one party name at a time. (ldi)
April 9, 2021 Opinion or Order Filing 7 NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 651436/2021..Document filed by Principal Life Insurance Company. (Attachments: #1 Exhibit Exh. A-Summons & Complaint, #2 Exhibit Exh. B-Acknowledgement of Service).(Nagotko, Janet)
April 9, 2021 Opinion or Order ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Janet Nagotko to RE-FILE Document No. #1 Notice of Removal,. The filing is deficient for the following reason(s): pursuant to Rule 13.3, exhibits must be filed as attachments to pleading and labeled (i.e. Summons and Complaint). Re-file the pleading using the event type Notice of Removal found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (jgo)
April 9, 2021 Opinion or Order ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Janet Nagotko. The following case opening statistical information was erroneously selected/entered: Origin code 1 (Original Proceeding); County code New York;. The following correction(s) have been made to your case entry: the Origin code has been modified to 2 (Removal from State Court); the County code has been modified to XX Out of State;. (jgo)
April 9, 2021 Opinion or Order CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Andrew L. Carter, Jr. 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)
April 9, 2021 Opinion or Order Magistrate Judge Sarah Netburn 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)
April 9, 2021 Opinion or Order Case Designated ECF. (jgo)
April 8, 2021 Opinion or Order Filing 6 MOTION for Colleen M. Duffy to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24371961. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Principal Life Insurance Company. (Attachments: #1 Affidavit Colleen M. Duffy in Support of Motion for Admission of Counsel Pro Hac Vice, #2 Affidavit Certification of Service, #3 Text of Proposed Order).(Nagotko, Janet)
April 8, 2021 Opinion or Order Filing 5 CERTIFICATE OF SERVICE of Notice of Removal; Civil Cover Sheet; Rule 7.1 Statement; Notice of Compliance with 28 U.S.C. 1446(d) served on Ira S. Lipsius, Esq. & Phillip M. Manela, Esq. on 4/8/2021. Document filed by Principal Life Insurance Company..(Nagotko, Janet)
April 8, 2021 Opinion or Order Filing 4 FILING ERROR - CORPORATE PARENT/OTHER AFFILIATE NOT ADDED - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Principal Life Insurance Company..(Nagotko, Janet) Modified on 4/12/2021 (ldi).
April 8, 2021 Opinion or Order Filing 3 NOTICE of Notice of Compliance with 28 U.S.C. 1446(d) re: #2 Civil Cover Sheet, #1 Notice of Removal. Document filed by Principal Life Insurance Company..(Nagotko, Janet)
April 8, 2021 Opinion or Order Filing 2 CIVIL COVER SHEET filed..(Nagotko, Janet)
April 8, 2021 Opinion or Order Filing 1 FILING ERROR - EXHIBIT ERROR - NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 651436/2021. (Filing Fee $ 402.00, Receipt Number ANYSDC-24370592).Document filed by Principal Life Insurance Company..(Nagotko, Janet) Modified on 4/9/2021 (jgo).
April 8, 2021 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #6 MOTION for Colleen M. Duffy to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24371961. 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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Defendant: Principal Life Insurance Company
Represented By: Janet Nagotko
Represented By: Colleen Mary Duffy
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Plaintiff: Jacob Moskowitz
Represented By: Ira S. Lipsius
Represented By: Phillip M. Manela
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