The Lubrizol Corporation v. Starr Indemnity & Liability Company
Plaintiff: Lubrizol France SAS and The Lubrizol Corporation
Defendant: Starr Indemnity & Liability Company
Not Classified By Court: Berkshire Hathaway Inc,
Case Number: 1:2021cv05318
Filed: June 21, 2021
Court: US District Court for the Southern District of New York
Presiding Judge: J Paul Oetken
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. § 1332 in
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on August 24, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 18, 2021 Filing 52 PROPOSED CONSENT ORDER. Document filed by Lubrizol France SAS, The Lubrizol Corporation..(Pastor, Sherilyn)
August 17, 2021 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #48 MOTION for Suzanne Faul Day 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. (bcu)
August 6, 2021 Filing 51 FIRST LETTER addressed to Judge J. Paul Oetken from Sherilyn Pastor, Esq. dated August 6, 2021 re: Filing of Third Amended Complaint. Document filed by Lubrizol France SAS, The Lubrizol Corporation..(Pastor, Sherilyn)
August 2, 2021 Opinion or Order Filing 50 ORDER granting #49 Motion to Appear Pro Hac Vice. GRANTED. SO ORDERED. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (bh)
July 26, 2021 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #49 MOTION for Julie Anne Harris 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. (vba)
July 23, 2021 Filing 49 MOTION for Julie Anne Harris to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Lubrizol France SAS, The Lubrizol Corporation. (Attachments: #1 Text of Proposed Order Proposed Order, #2 Affidavit Aff. with Certificates of Good Standing).(Pastor, Sherilyn)
July 23, 2021 Filing 48 MOTION for Suzanne Faul Day to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Lubrizol France SAS, The Lubrizol Corporation. (Attachments: #1 Text of Proposed Order Proposed Order, #2 Affidavit Aff. with Certificates of Good Standing).(Pastor, Sherilyn)
July 23, 2021 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #46 MOTION for Suzanne Faul Day to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24830922. Motion and supporting papers to be reviewed by Clerk's Office staff., #47 MOTION for Julie Anne Harris to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24830942. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Texas;. 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.. (wb)
July 22, 2021 Filing 47 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Julie Anne Harris to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24830942. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Lubrizol France SAS, The Lubrizol Corporation. (Attachments: #1 Text of Proposed Order Proposed Order, #2 Affidavit Affidavit of Julie Anne Harris, #3 Exhibit Ex. 1 - Ohio Cert. of Good Standing, #4 Exhibit Ex. 2 - Texas Cert. of Good Standing).(Pastor, Sherilyn) Modified on 7/23/2021 (wb).
July 22, 2021 Filing 46 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Suzanne Faul Day to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24830922. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Lubrizol France SAS, The Lubrizol Corporation. (Attachments: #1 Text of Proposed Order Proposed Order, #2 Affidavit Affidavit of SUZANNE F. DAY, #3 Exhibit Ex. 1 - Ohio Cert. of Good Standing, #4 Exhibit Ex. 2 - Texas Cert. of Good Standing).(Pastor, Sherilyn) Modified on 7/23/2021 (wb).
July 22, 2021 Minute Entry for proceedings held before Judge J. Paul Oetken: Initial Pretrial Conference held on 7/22/2021. Order to follow. (bh)
July 19, 2021 Filing 45 PROPOSED CASE MANAGEMENT PLAN. Document filed by Starr Indemnity & Liability Company..(Nicoletti, John)
July 14, 2021 Filing 44 NOTICE OF APPEARANCE by Sherilyn Pastor on behalf of Lubrizol France SAS, The Lubrizol Corporation..(Pastor, Sherilyn)
June 22, 2021 Opinion or Order Filing 43 ORDER: Counsel for all parties are directed to appear telephonically for an initial pretrial conference with the Court on July 22, 2021, at 2:00 p.m. Counsel should call (888) 557- 8511 at the scheduled time. The access code is 9300838. Counsel who appear at the pretrial conference must be authorized to negotiate terms of settlement. Media and the public may join but are instructed to place their phones on mute. Counsel are directed to confer with each other prior to the conference regarding settlement and each of the other subjects to be considered at a Fed. R. Civ. P. 16 conference. Counsel are further directed to use the Court's Civil Case Management Plan and Scheduling Order form (the "Form") to jointly prepare a detailed written proposed schedule for any motions and discovery. Counsel should type entries into this Form using a copy of the Form available at https://nysd.uscourts.gov/hon-j-paul-oetken. The parties shall submit a copy of the completed Form at least three business days prior to the date of the conference. So Ordered. Initial Conference set for 7/22/2021 at 02:00 PM before Judge J. Paul Oetken. (Signed by Judge J. Paul Oetken on 6/22/2021) (js)
June 21, 2021 Filing 42 CASE TRANSFERRED IN from the United States District Court - District of Texas Southern; Case Number: 4:20-cv-02768. Original file certified copy of transfer order and docket entries received. (sjo)
June 21, 2021 Case Designated ECF. (sjo)
June 21, 2021 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)
June 21, 2021 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)
June 21, 2021 CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Magistrate Judge Ona T. Wang. 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)
June 18, 2021 Filing 41 REPLY in Support of #38 MOTION to Stay Transfer Ruling to Permit Full Briefing on Plaintiffs' Motion for Reconsideration, filed by Lubrizol France SAS, The Lubrizol Corporation. (Day, Suzanne) [Transferred from Texas Southern on 6/21/2021.]
June 16, 2021 Filing 40 RESPONSE in Opposition to #38 MOTION to Stay Transfer Ruling to Permit Full Briefing on Plaintiffs' Motion for Reconsideration, filed by Starr Indemnity & Liability Company. (Attachments: #1 Proposed Order)(Nicoletti, John) [Transferred from Texas Southern on 6/21/2021.]
June 16, 2021 Filing 39 MOTION for Reconsideration of #37 Order to Transfer Case by Lubrizol France SAS, The Lubrizol Corporation, filed. Motion Docket Date 7/7/2021. (Attachments: #1 Proposed Order)(Day, Suzanne) [Transferred from Texas Southern on 6/21/2021.]
June 14, 2021 Filing 38 MOTION to Stay Transfer Ruling to Permit Full Briefing on Plaintiffs' Motion for Reconsideration by Lubrizol France SAS, The Lubrizol Corporation, filed. Motion Docket Date 7/6/2021. (Attachments: #1 Exhibit A - Plaintiffs' Amended Rule 26(a) Disclosures, #2 Proposed Order)(Day, Suzanne) [Transferred from Texas Southern on 6/21/2021.]
June 11, 2021 Opinion or Order Filing 37 ORDER TO TRANSFER CASE to Southern District of New York; granting #19 Motion to Transfer Venue.(Signed by Magistrate Judge Christina A Bryan) Parties notified.(cjan, 4) [Transferred from Texas Southern on 6/21/2021.]
June 11, 2021 Interdistrict transfer to Southern District of New York. Case transferred electronically. Case terminated on 6/11/2021, filed. (cjan, 4) [Transferred from Texas Southern on 6/21/2021.]
February 23, 2021 Opinion or Order Filing 36 CONSENT TO PROCEED BEFORE MAGISTRATE JUDGE by Lubrizol France SAS, Starr Indemnity & Liability Company, The Lubrizol Corporation and ORDER TRANSFERRING CASE to Magistrate Judge Christina A Bryan. Judge Sim Lake no longer assigned to the case. (Signed by Judge Sim Lake) Parties notified.(sanderson, 4) [Transferred from Texas Southern on 6/21/2021.]
February 19, 2021 Filing 35 ANSWER to #33 Amended Complaint/Counterclaim/Crossclaim etc., by Starr Indemnity & Liability Company, filed.(Nicoletti, John) [Transferred from Texas Southern on 6/21/2021.]
February 18, 2021 Filing 34 CONSENT to Proceed Before a Magistrate Judge by Lubrizol France SAS, The Lubrizol Corporation, filed.(Day, Suzanne) [Transferred from Texas Southern on 6/21/2021.]
February 5, 2021 Filing 33 Second AMENDED COMPLAINT with Jury Demand against Starr Indemnity & Liability Company filed by The Lubrizol Corporation, Lubrizol France SAS. Related document: #16 Amended Complaint/Counterclaim/Crossclaim etc., filed by Lubrizol France SAS, The Lubrizol Corporation, #1 Complaint filed by The Lubrizol Corporation. (Attachments: #1 Exhibit A - Starr Marine Open Cargo Policy)(Day, Suzanne) [Transferred from Texas Southern on 6/21/2021.]
February 5, 2021 Opinion or Order Filing 32 ORDER - CASE REFERRED to Magistrate Judge Christina A Bryan. All parties are ORDERED to advise the court within 20 days of the entry of this Order whether they will consent to the jurisdiction of Magistrate Judge Christina A. Bryan. (Signed by Magistrate Judge Christina A Bryan) (Attachments: #1 Consent Form) Parties notified.(sanderson, 4) [Transferred from Texas Southern on 6/21/2021.]
February 5, 2021 Opinion or Order Filing 31 ORDER granting #26 MOTION for Leave to File Second Amended Complaint (Signed by Judge Sim Lake) Parties notified. (aboyd, 4) [Transferred from Texas Southern on 6/21/2021.]
February 3, 2021 Filing 30 REPLY in Support of #26 MOTION for Leave to File Second Amended Complaint, filed by Lubrizol France SAS, The Lubrizol Corporation. (Day, Suzanne) [Transferred from Texas Southern on 6/21/2021.]
January 27, 2021 Filing 29 RESPONSE in Opposition to #26 MOTION for Leave to File Second Amended Complaint, filed by Starr Indemnity & Liability Company. (Nicoletti, John) [Transferred from Texas Southern on 6/21/2021.]
January 12, 2021 Opinion or Order Filing 28 AGREED PROTECTIVE ORDER granting #27 Joint MOTION for Protective Order (Signed by Judge Sim Lake) Parties notified. (aboyd, 4) [Transferred from Texas Southern on 6/21/2021.]
January 11, 2021 Filing 27 Joint MOTION for Protective Order by Lubrizol France SAS, The Lubrizol Corporation, filed. Motion Docket Date 2/1/2021. (Attachments: #1 Appendix 1 - Agreed Protective Order)(Day, Suzanne) [Transferred from Texas Southern on 6/21/2021.]
January 6, 2021 Filing 26 MOTION for Leave to File Second Amended Complaint by Lubrizol France SAS, The Lubrizol Corporation, filed. Motion Docket Date 1/27/2021. (Attachments: #1 Exhibit A - Proposed Second Amended Complaint, #2 Exhibit B - Affidavit of Edward Shaffer, #3 Exhibit C - 10/1/2020 Correspondence from A.Conrod to S.Day, #4 Exhibit D - 10/7/2020 Correspondence from S.Day to N.Ginsburg, #5 Exhibit E - 10/12/2020 Correspondence from R.Girzadas to S.Day, #6 Exhibit F - 12/9/2020 Correspondence from S.Day to J.Nicoletti, #7 Exhibit G - 12/31/2020 Correspondence from K.O'Malley to S.Day, #8 Proposed Order)(Day, Suzanne) [Transferred from Texas Southern on 6/21/2021.]
December 22, 2020 Filing 25 REPLY in Support of #19 Opposed MOTION to Transfer Case to United States District Court for the Southern District of New York, filed by Starr Indemnity & Liability Company. (Attachments: #1 Exhibit D, #2 Exhibit E, #3 Exhibit F, #4 Exhibit G)(Nicoletti, John) [Transferred from Texas Southern on 6/21/2021.]
December 16, 2020 Filing 24 NOTICE OF CANCELLATION. The Initial Conference set for 12/18/2020 at 2:00 PM is cancelled, filed. (aboyd, 4) [Transferred from Texas Southern on 6/21/2021.]
December 15, 2020 Filing 23 RESPONSE in Opposition to #19 Opposed MOTION to Transfer Case to United States District Court for the Southern District of New York, filed by Lubrizol France SAS, The Lubrizol Corporation. (Attachments: #1 Exhibit A - Affidavit of Jason R. Sussman, #2 Proposed Order)(Day, Suzanne) [Transferred from Texas Southern on 6/21/2021.]
December 15, 2020 Filing 22 NOTICE of Appearance by Patrick W. Mizell on behalf of Lubrizol France SAS, The Lubrizol Corporation, filed. (Mizell, Patrick) [Transferred from Texas Southern on 6/21/2021.]
December 15, 2020 Filing 21 NOTICE of Appearance by Stephanie L. Noble on behalf of Lubrizol France SAS, The Lubrizol Corporation, filed. (Noble, Stephanie) [Transferred from Texas Southern on 6/21/2021.]
December 2, 2020 Filing 20 JOINT DISCOVERY/CASE MANAGEMENT PLAN by Lubrizol France SAS, The Lubrizol Corporation, filed.(Day, Suzanne) [Transferred from Texas Southern on 6/21/2021.]
November 24, 2020 Filing 19 Opposed MOTION to Transfer Case to United States District Court for the Southern District of New York by Starr Indemnity & Liability Company, filed. Motion Docket Date 12/15/2020. (Attachments: #1 Memorandum of Law in Support, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Proposed Order)(Nicoletti, John) [Transferred from Texas Southern on 6/21/2021.]
November 20, 2020 Filing 18 ANSWER to #16 Amended Complaint/Counterclaim/Crossclaim etc., by Starr Indemnity & Liability Company, filed.(Nicoletti, John) [Transferred from Texas Southern on 6/21/2021.]
November 2, 2020 Filing 17 CORPORATE DISCLOSURE STATEMENT by Lubrizol France SAS identifying Berkshire Hathaway Inc. as Corporate Parent, filed.(Day, Suzanne) [Transferred from Texas Southern on 6/21/2021.]
November 2, 2020 Filing 16 AMENDED COMPLAINT with Jury Demand against Starr Indemnity & Liability Company filed by The Lubrizol Corporation, Lubrizol France SAS. Related document: #1 Complaint filed by The Lubrizol Corporation. (Attachments: #1 Exhibit Exhibit A - Starr Marine Open Cargo Policy)(Day, Suzanne) [Transferred from Texas Southern on 6/21/2021.]
October 23, 2020 Opinion or Order Filing 15 AMENDED ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 12/18/2020 at 02:00 PM in Courtroom 9B before Judge Sim Lake. (Signed by Judge Sim Lake) Parties notified. (aboyd, 4)[Transferred from Texas Southern on 6/21/2021.]
October 22, 2020 Filing 14 Joint MOTION for Extension of Time TIME BEFORE INITIAL PRETRIAL AND SCHEDULING CONFERENCE by Starr Indemnity & Liability Company, filed. Motion Docket Date 11/12/2020. (Merkley, David) [Transferred from Texas Southern on 6/21/2021.]
October 21, 2020 Filing 13 NOTICE of lead counsel designation correspondence by Starr Indemnity & Liability Company, filed. (Merkley, David) [Transferred from Texas Southern on 6/21/2021.]
October 15, 2020 Opinion or Order Filing 12 ORDER granting #8 Motion for Nooshin Namazi to Appear Pro Hac Vice. (Signed by Judge Sim Lake) Parties notified. (aboyd, 4) [Transferred from Texas Southern on 6/21/2021.]
October 14, 2020 Opinion or Order Filing 11 ORDER granting #7 Motion for Kevin J.B. O'Malley to Appear Pro Hac Vice. (Signed by Judge Sim Lake) Parties notified. (aboyd, 4) [Transferred from Texas Southern on 6/21/2021.]
October 14, 2020 Opinion or Order Filing 10 ORDER granting #6 Motion for John A.V. Nicoletti to Appear Pro Hac Vice. (Signed by Judge Sim Lake) Parties notified. (aboyd, 4) [Transferred from Texas Southern on 6/21/2021.]
October 13, 2020 Filing 9 RULE 7.1 STATEMENT by Starr Indemnity & Liability Company, filed.(Merkley, David) [Transferred from Texas Southern on 6/21/2021.]
October 13, 2020 Filing 8 MOTION for Nooshin Namazi to Appear Pro Hac Vice by Starr Indemnity & Liability Company, filed. Motion Docket Date 11/3/2020. (Merkley, David) [Transferred from Texas Southern on 6/21/2021.]
October 13, 2020 Filing 7 MOTION for Kevin J.B. O'Malley to Appear Pro Hac Vice by Starr Indemnity & Liability Company, filed. Motion Docket Date 11/3/2020. (Merkley, David) [Transferred from Texas Southern on 6/21/2021.]
October 13, 2020 Filing 6 MOTION for John A.V. Nicoletti to Appear Pro Hac Vice by Starr Indemnity & Liability Company, filed. Motion Docket Date 11/3/2020. (Merkley, David) [Transferred from Texas Southern on 6/21/2021.]
October 13, 2020 Filing 5 ANSWER to #1 Complaint by Starr Indemnity & Liability Company, filed.(Merkley, David) [Transferred from Texas Southern on 6/21/2021.]
September 10, 2020 Filing 4 WAIVER OF SERVICE Returned Executed as to Starr Indemnity & Liability Company served on 8/13/2020, answer due 10/13/2020, filed.(Day, Suzanne) [Transferred from Texas Southern on 6/21/2021.]
August 10, 2020 Opinion or Order Filing 3 ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 11/20/2020 at 03:00 PM in Courtroom 9B before Judge Sim Lake. (Signed by Judge Sim Lake) Parties notified.(ShadiaNashadi, 4) [Transferred from Texas Southern on 6/21/2021.]
August 10, 2020 Filing 2 CORPORATE DISCLOSURE STATEMENT by The Lubrizol Corporation identifying Berkshire Hathaway Inc. as Corporate Parent, filed.(Harris, Julie) [Transferred from Texas Southern on 6/21/2021.]
August 9, 2020 Filing 1 COMPLAINT against Starr Indemnity & Liability Company (Filing fee $ 400 receipt number 0541-25035534) filed by The Lubrizol Corporation. (Attachments: #1 Exhibit A - Starr Marine Open Cargo Policy, #2 Civil Cover Sheet)(Day, Suzanne) [Transferred from Texas Southern on 6/21/2021.]

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Search for this case: The Lubrizol Corporation v. Starr Indemnity & Liability Company
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Plaintiff: Lubrizol France SAS
Represented By: Stephanie Lynn Noble
Represented By: Patrick W Mizell
Represented By: Suzanne Faul Day
Represented By: Sherilyn Pastor
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Plaintiff: The Lubrizol Corporation
Represented By: Stephanie Lynn Noble
Represented By: Julie A. Harris
Represented By: Patrick W Mizell
Represented By: Suzanne Faul Day
Represented By: Sherilyn Pastor
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Not classified by court: Berkshire Hathaway Inc,
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Defendant: Starr Indemnity & Liability Company
Represented By: Kevin J.B. OMalley
Represented By: John A. V. Nicoletti
Represented By: Nooshin Namazi
Represented By: David Lawrence Merkley
Represented By: John Anthony Vincent Nicoletti
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