Abbey Hotel Acquisition, LLC et al v. National Surety Corporation
| ABBEY HOTEL ACQUISITION, LLC, SETAI RESORT AND RESIDENCE CONDOMINIUM ASSOCIATION, INC, SETAI HOTEL ACQUISITION, LLC, SETAI VALET SERVICES, LLC and Setai Resort and Residence Condominium Association, Inc. |
| National Surety Corporation |
| 1:2021cv03506 |
| April 20, 2021 |
| US District Court for the Southern District of New York |
| Valerie E Caproni |
| Insurance |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 1, 2021. A more recent docket listing may be available from PACER.
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Filing 20
ORDER: WHEREAS on June 11, 2021, the parties appeared for a conference; IT IS HEREBY ORDERED that Plaintiffs response to Defendants motion to dismiss is due not later than July 16, 2021. In response to Defendant's motion, Plaintiffs may either amend their complaint or file a brief in opposition to the motion, not both. If Plaintiffs opt to oppose the motion, Defendant may file a reply in further support of its motion not later than August 8, 2021. IT IS FURTHER ORDERED that discovery in this matter is STAYED pending the Court's decision on Defendants motion to dismiss. The Court will reassess its decision to stay discovery after it has received the parties full briefing on the motion. ( Responses due by 7/16/2021, Replies due by 8/8/2021.) (Signed by Judge Valerie E. Caproni on 6/11/2021) (cf)
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Minute Entry for proceedings held before Judge Valerie E. Caproni: Telephone Conference held on 6/11/2021. Attorney Joshua Mallin present for the plaintiffs. Attorneys Anna Finger and Michael Hynes present for the defendant. Court Reporter Michael McDaniel present. (anc)
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Filing 19
MEMORANDUM OF LAW in Support re: #18 MOTION to Dismiss Complaint. . Document filed by National Surety Corporation. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit).(Finger, Anna)
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Filing 18
MOTION to Dismiss Complaint. Document filed by National Surety Corporation..(Finger, Anna)
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Filing 17
MEMO ENDORSEMENT: on re: #16 Letter filed by National Surety Corporation. ENDORSEMENT: The parties must appear for a teleconference at the scheduled time of 10:30 a.m. on June 11, 2021. The parties must be prepared to discuss Defendant's request to stay discovery pending the Court's decision on its forthcoming motion to dismiss. Defendant should refrain from filing a motion to stay on June 10, 2021, subject to the Court's request for written briefing, as necessary, after the parties appear for the June 11, 2021 teleconference. SO ORDERED., ( Telephone Conference set for 6/11/2021 at 10:30 AM before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 6/07/2021) (ama)
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Filing 16
JOINT LETTER addressed to Judge Valerie E. Caproni from Anna K. Finger dated June 4, 2021 re: provided in response to the Court's Order dated April 22, 2021and correspondence received from the Court on June 4, 2021. Document filed by National Surety Corporation..(Finger, Anna)
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Filing 15
PROPOSED CASE MANAGEMENT PLAN. Document filed by Abbey Hotel Acquisition, LLC, Setai Hotel Acquisition, LLC, Setai Resort and Residence Condominium Association, Inc., Setai Valet Services, LLC..(Mallin, Joshua)
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Filing 14
JOINT LETTER addressed to Judge Valerie E. Caproni from Joshua L. Mallin, Esq. dated June 3, 2021 re: Letter provided pursuant to the Court's Order dated April 22, 2021. Document filed by Abbey Hotel Acquisition, LLC, Setai Hotel Acquisition, LLC, Setai Resort and Residence Condominium Association, Inc., Setai Valet Services, LLC..(Mallin, Joshua)
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Filing 13
DEMAND for Trial by Jury. Document filed by Abbey Hotel Acquisition, LLC, Setai Hotel Acquisition, LLC, Setai Resort and Residence Condominium Association, Inc., Setai Valet Services, LLC.(Mallin, Joshua)
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Filing 12
NOTICE OF APPEARANCE by Anne Marie Bossart on behalf of Abbey Hotel Acquisition, LLC, Setai Hotel Acquisition, LLC, Setai Resort and Residence Condominium Association, Inc., Setai Valet Services, LLC..(Bossart, Anne Marie)
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Filing 11
NOTICE OF APPEARANCE by Joshua Lee Mallin on behalf of Abbey Hotel Acquisition, LLC, Setai Hotel Acquisition, LLC, Setai Resort and Residence Condominium Association, Inc., Setai Valet Services, LLC..(Mallin, Joshua)
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Filing 10
NOTICE OF APPEARANCE by Dennis T. D'Antonio on behalf of Abbey Hotel Acquisition, LLC, Setai Hotel Acquisition, LLC, Setai Resort and Residence Condominium Association, Inc., Setai Valet Services, LLC..(D'Antonio, Dennis)
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Filing 9
ORDER granting #8 Letter Motion for Extension of Time. Application GRANTED. Defendant's time to respond to the complaint is extended to June 10, 2021. The Court is unlikely to grant additional extensions absent compelling circumstances.. (Signed by Judge Valerie E. Caproni on 4/29/2021) (nb)
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Filing 8
LETTER MOTION for Extension of Time to file a response to Plaintiffs' Complaint addressed to Judge Valerie E. Caproni from Anna K. Finger dated April 29, 2021. Document filed by National Surety Corporation. (Attachments: #1 Exhibit A).(Finger, Anna)
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Filing 7
DECLARATION of Lorrie V. Leonard re: #6 Order,, . Document filed by National Surety Corporation..(Finger, Anna)
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Set/Reset Deadlines: National Surety Corporation answer due 6/10/2021. (nb)
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Filing 6
ORDER: IT IS HEREBY ORDERED that not later than May 4, 2021, Defendant's counsel must file a signed affidavit from one of Defendant's corporate executives attesting that no representative of Defendant's ever received the summons or complaint as a result of Plaintiffs' service on the New York State Department of Financial Services on February 5, 2021, and that no representative of Defendant otherwise received the complaint before April 19, 2021. SO ORDERED. (Signed by Judge Valerie E. Caproni on 4/22/2021) (ama)
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Filing 5
NOTICE OF APPEARANCE by Anna K Finger on behalf of National Surety Corporation..(Finger, Anna)
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Filing 4
NOTICE OF INITIAL PRETRIAL CONFERENCE: In light of the COVID-19 situation, the Court will conduct the Initial Pretrial Conference ("IPTC") in accordance with Rule 16 of the Federal Rules of Civil Procedure on June 11, 2021 at 10:30 a.m. by teleconference. At the scheduled time, counsel for all parties should call 888- 363-4749, Access code 3121171#, Security code 3506. Counsel should submit their proposed case management plan and joint letter as outlined below. This Court encourages plaintiffs to serve defendants promptly. And as set forth herein. SO ORDERED. Initial Conference set for 6/11/2021 at 10:30 AM before Judge Valerie E. Caproni. (Signed by Judge Valerie E. Caproni on 4/22/2021) (ama)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Michael D. Hynes. The party information for the following party/parties has been modified: ABBEY HOTEL ACQUISITION, LLC, SETAI HOTEL ACQUISITION, LLC, SETAI RESORT AND RESIDENCE CONDOMINIUM ASSOCIATION, INC, SETAI VALET SERVICES, LLC. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps;. (pc)
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Magistrate Judge James L. Cott 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. (pc)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Valerie E. Caproni. 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..(pc)
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Case Designated ECF. (pc)
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Filing 3
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Allianz Global Risks US Insurance Company, Corporate Parent Fireman's Fund Insurance Company, Corporate Parent Allianz of America, Inc., Other Affiliate AGCS International Holding B.V., Other Affiliate Allianz SE for National Surety Corporation. Document filed by National Surety Corporation..(Hynes, Michael)
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Filing 2
CIVIL COVER SHEET filed..(Hynes, Michael)
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Filing 1
NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 650651/2021. (Filing Fee $ 402.00, Receipt Number ANYSDC-24427743).Document filed by National Surety Corporation..(Hynes, Michael)
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