National Union Fire Insurance Company of Pittsburgh, PA v. American Airlines, Inc.
| National Union Fire Insurance CO of P.A. and National Union Fire Insurance Company of Pittsburgh, PA |
| American Airlines, Inc. |
| 1:2021cv05795 |
| July 6, 2021 |
| US District Court for the Southern District of New York |
| Jesse M Furman |
| Contract: Other |
| 28 U.S.C. § 1331 |
| None |
Docket Report
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Filing 17
ORDER OF DISMISSAL... It is ORDERED that the above-entitled action be and is hereby DISMISSED and discontinued without costs, and without prejudice to the right to reopen the action within sixty days of the date of this Order if the settlement is not consummated. To be clear, any application to reopen must be filed by the aforementioned deadline; any application to reopen filed thereafter may be denied solely on that basis. Further, requests to extend the deadline to reopen are unlikely to be granted. If the parties wish for the Court to retain jurisdiction for the purposes of enforcing any settlement agreement, they must submit the settlement agreement to the Court by the deadline to reopen to be "so ordered" by the Court. Per Paragraph 4(B) of the Court's Individual Rules and Practices for Civil Cases, unless the Court orders otherwise, the Court will not retain jurisdiction to enforce a settlement agreement unless it is made part of the public record. Any pending motions are moot. All conferences are canceled. The Clerk of Court is directed to close the case. SO ORDERED. (Signed by Judge Jesse M. Furman on 9/2/21) (yv)
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| Filing 16 FIRST LETTER MOTION for Extension of Time to Finalize Settlement addressed to Judge Jesse M. Furman from Charles M. Henderson, III dated September 2, 2021. Document filed by National Union Fire Insurance Company of Pittsburgh, PA..(Henderson, Charles) |
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Filing 15
ORDER SCHEDULING DEFAULT JUDGMENT BRIEFING AND SHOW CAUSE HEARING: On July 6, 2021, Plaintiff filed its Complaint with the Court. See ECF No. 1. Defendant was served with the Complaint on August 3, 2021, and proof of service was filed with the Court. See ECF No. 13. To date, Defendant has neither answered the Complaint, nor otherwise appeared in this action. In light of the foregoing, it is hereby ORDERED that any motion for default judgment shall be filed, in accordance with the Court's Individual Rules and Practices for Civil Cases (available at https://nysd.uscourts.gov/hon-jesse-m-furman), no later than September 15, 2021. Defendant shall file any opposition to the motion for default judgment no later than September 22, 2021. Defendant is cautioned that a corporation may appear in federal court only through licensed counsel, and "where a corporation repeatedly fails to appear by counsel, a default judgment may be entered against it." Grace v. Bank Leumi Tr. Co. of N.Y., 443 F.3d 180, 192 (2d Cir. 2006) (internal quotation marks omitted). If a motion for default judgment is filed, it is further ORDERED that Defendant appear and show cause via telephone before this Court, on October 6, 2021, at 4:30 p.m., why an order should not be issued granting a default judgment against Defendant. The hearing will be held remotely by telephone in accordance with Rule 2(B) of the Court's Individual Rules and Practices in Civil Cases, available at https://nysd.uscourts.gov /hon-jesse-m-furman. The parties should join the conference by calling the Court's dedicated conference line at (888) 363-4749 and using access code 542-1540, followed by the pound (#) key. It is further ORDERED that Plaintiff serve Defendant via overnight courier (1) with a copy of this Order within one business day of the date of this Order; and (2) with a copy of the motion for default judgment and all supporting papers within one business day of the date of any such motion. In each case, within two business days of service, Plaintiff must file proof of such service on the docket. Finally, it is ORDERED that the initial pretrial conference previously scheduled for October 6, 2021, is adjourned sine die and further set forth in this Order. ( Motions due by 9/15/2021., Responses due by 9/22/2021, Telephone Conference set for 10/6/2021 at 04:30 PM before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 9/1/2021) (rro)
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| Filing 14 AFFIDAVIT OF SERVICE of Proof of Service served on Jonathan Chernow, Esq. on August 9, 2021. Service was made by E-mail. Document filed by National Union Fire Insurance Company of Pittsburgh, PA..(Henderson, Charles) |
| Filing 13 AFFIDAVIT OF SERVICE. American Airlines, Inc. served on 8/3/2021, answer due 8/24/2021. Service was accepted by Patrick Duffy, Intake Specialist. Document filed by National Union Fire Insurance Company of Pittsburgh, PA..(Henderson, Charles) |
| Filing 12 ELECTRONIC AMENDED SUMMONS ISSUED as to American Airlines, Inc...(pc) |
| Filing 11 REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to American Airlines, Inc., C/o Registered Agent: The Corporation Trust Company, re: #1 Complaint. Document filed by National Union Fire Insurance Company of Pittsburgh, PA..(Henderson, Charles) |
| Filing 10 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU REQUEST FOR ISSUANCE OF SUMMONS as to American Airlines, Inc., C/o Registered Agent: The Corporation Trust Company, re: #1 Complaint. Document filed by National Union Fire Insurance Company of Pittsburgh, PA..(Henderson, Charles) Modified on 7/28/2021 (sj). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Charles Mitchell Henderson, III to RE-FILE Document No. #10 Request for Issuance of Summons. The filing is deficient for the following reason(s): the wrong event type was used to file the request for issuance of summons. Re-file the document using the event type Request for Issuance of Amended Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (sj) |
| Filing 9 FILING ERROR - DEFICIENT SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to The Corporation Trust Company, re: #1 Complaint. Document filed by National Union Fire Insurance Company of Pittsburgh, PA..(Henderson, Charles) Modified on 7/28/2021 (sj). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Charles Mitchell Henderson, III to RE-FILE Document No. #8 Request for Issuance of Summons. The filing is deficient for the following reason(s): Summonses are only issued to active parties to the case. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (sj) |
| Filing 8 FILING ERROR - DEFICIENT SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to The Corporation Trust Company, re: #1 Complaint. Document filed by National Union Fire Insurance Company of Pittsburgh, PA..(Henderson, Charles) Modified on 7/27/2021 (sj). |
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Filing 7
NOTICE OF INITIAL PRETRIAL CONFERENCE: It is further ORDERED that counsel for all parties appear for an initial pretrial conference with the Court on October 6, 2021 at 4:30 p.m. in Courtroom 1105 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York. All counsel are required to register promptly as filing users on ECF and to familiarize themselves with the SDNY ECF Rules & Instructions, which are available at https://www.nysd.uscourts.gov/electronic-case-filing. All counsel must also familiarize themselves with the Court's Individual Rules, which are available athttps://www.nysd.uscourts.gov/hon-jesse-m-furman. Absent leave of Court obtained by letter-motion filed before the conference, all pretrial conferences must be attended by the attorney who will serve as principal trial counsel. Additionally, in accordance with Paragraph 2.B of the Court's Individual Rules and Practices, the parties are hereby ORDERED to file on ECF a joint letter, described below, as well as a proposed Civil Case Management Plan and Scheduling Order attached as an exhibit to the joint letter, no later than Thursday of the week prior to the initial pretrial conference. The parties shall use this Court's form Proposed Civil Case Management Plan and Scheduling Order, which is also available at https://www.nysd.uscourts.gov/hon-jesse-m-furman. Any open legal issues can be addressed at the conference. The joint letter shall not exceed five (5) pages, and shall provide the following information in separate paragraphs as further set forth in this Order. Counsel who have entered a notice of appearance as of the issuance of this order are directed (1) to notify counsel for all other parties in this action who have not yet appeared by serving upon each of them a copy of this order and the Court's Individual Rules and Practices forthwith, and (2) to file proof of such notice with the Court. If unaware of the identity of counsel for any of the parties, counsel receiving this order must forthwith send a copy of this order and the Court's Individual Rules and Practices to that party personally. SO ORDERED. ( Initial Conference set for 10/6/2021 at 04:30 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 7/8/21) (yv)
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Filing 6
MEDIATION REFERRAL ORDER: It is hereby ORDERED that this case is referred for mediation to the Court-annexed Mediation Program. The parties are hereby notified that Local Rule 83.9 shall govern the mediation and are directed to participate in the mediation in good faith. The mediation should take place at least two weeks prior to the Initial Pretrial Conference, which is currently scheduled (by separate Order to be entered today) for October 6, 2021. The mediation will have no effect upon any scheduling Order issued by this Court without leave of this Court. SO ORDERED. Mediators will be assigned based on the nature of suit. Additional expertise requests should promptly be directed to the Mediation Office.. Please reference the following when corresponding with the Mediation Office. E-mail MediationOffice@nysd.uscourts.gov, telephone (212) 805-0643, and facsimile (212) 805-0647. Mediator to be Assigned by 7/19/2021. (Signed by Judge Jesse M. Furman on 7/8/21) (yv)
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| NOTICE OF CASE REASSIGNMENT to Judge Jesse M. Furman. Judge Mary Kay Vyskocil is no longer assigned to the case..(wb) |
| Filing 5 ELECTRONIC SUMMONS ISSUED as to American Airlines, Inc. (vf) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Charles Mitchell Henderson, III. The following case opening statistical information was erroneously selected/entered: Dollar Demand 10,000,000; County code Albany. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to 10,000; the County code has been modified to New York. (vf) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Charles Mitchell Henderson, III. The party information for the following party/parties has been modified: National Union Fire Insurance CO of P.A. The information for the party/parties has been modified for the following reason/reasons: party name entered incorrectly. (vf) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Mary Kay Vyskocil. 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..(vf) |
| Magistrate Judge Sarah L. Cave 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. (vf) |
| Case Designated ECF. (vf) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to American Airlines, Inc., re: #1 Complaint. Document filed by National Union Fire Insurance Company of Pittsburgh, PA. (Henderson, Charles) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent American International Group, Inc. for National Union Fire Insurance CO of P.A.. Document filed by National Union Fire Insurance Company of Pittsburgh, PA.(Henderson, Charles) |
| Filing 2 CIVIL COVER SHEET filed..(Henderson, Charles) |
| Filing 1 COMPLAINT against American Airlines, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-24758900)Document filed by National Union Fire Insurance Company of Pittsburgh, PA.(Henderson, Charles) |
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