Johnson Controls, Inc. v. Platinum Electric, Inc. et al
| Johnson Controls, Inc. |
| Platinum Electric, Inc. and Nationwide Mutual Insurance Company |
| 1:2021cv06385 |
| July 27, 2021 |
| US District Court for the Southern District of New York |
| Andrew L Carter |
| Barbara C Moses |
| Contract: Other |
| 28 U.S.C. § 2201 dj |
| Plaintiff |
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Filing 16
ORDER REGARDING GENERAL PRETRIAL MANAGEMENT:The above-referenced action has been referred to Magistrate Judge Barbara Moses for general pretrial management, including scheduling, discovery, non-dispositive pretrial motions, and settlement, pursuant to 28 U.S.C. 636(b)(1)(A). All pretrial motions and applications, including those related to scheduling and discovery (but excluding motions to dismiss or for judgment on the pleadings, for injunctive relief, for summary judgment, or for class certification under Fed. R. Civ. P. 23) must be made to Judge Moses and in compliance with this Court's Individual Practices in Civil Cases, available on the Court's website at https://nysd.uscourts.gov/hon-barbara-moses. Parties and counsel are cautioned: Once a discovery schedule has been issued, all discovery must be initiated in time to be concluded by the close of discovery set by the Court. Discovery applications, including letter-motions requesting discovery conferences, must be made promptly after the need for such an application arises and must comply with Local Civil Rule 37.2 and 2(b) of Judge Moses's Individual Practices. It is the Court's practice to decide discovery disputes at the Rule 37.2 conference, based on the parties' letters, unless a party requests or the Court requires more formal briefing. Absent extraordinary circumstances, discovery applications made later than 30 days prior to the close of discovery may be denied as untimely and further set forth in this Order. (Signed by Magistrate Judge Barbara C. Moses on 9/29/2021) (rro)
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Filing 15
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Barbara C. Moses. (Signed by Judge Andrew L. Carter, Jr on 9/28/2021) (mml)
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| Filing 14 ELECTRONIC SUMMONS ISSUED as to Platinum Electric, Inc...(jgo) |
| Filing 13 ELECTRONIC SUMMONS ISSUED as to Nationwide Mutual Insurance Company..(jgo) |
| Filing 12 REQUEST FOR ISSUANCE OF SUMMONS as to Nationwide Mutual Insurance Company, re: #1 Complaint,,. Document filed by Johnson Controls, Inc...(Iemma, Joseph) |
| Filing 11 REQUEST FOR ISSUANCE OF SUMMONS as to Platinum Electric, Inc., re: #1 Complaint,,. Document filed by Johnson Controls, Inc...(Iemma, Joseph) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Joseph Angelo Iemma to RE-FILE Document No. #9 Request for Issuance of Summons, #10 Request for Issuance of Summons,. The filing is deficient for the following reason(s): the date field on the offical A.O. Summons form was completed by the attorney; do not attach the Complaint;. 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. (jgo) |
| Filing 10 FILING ERROR - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Nationwide Mutual Insurance Company, re: #1 Complaint,,. Document filed by Johnson Controls, Inc.. (Attachments: #1 Appendix Complaint as filed).(Iemma, Joseph) Modified on 9/24/2021 (jgo). |
| Filing 9 FILING ERROR - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Platinum Electric, Inc., re: #1 Complaint,,. Document filed by Johnson Controls, Inc.. (Attachments: #1 Appendix Complaint as filed).(Iemma, Joseph) Modified on 9/24/2021 (jgo). |
| Filing 8 ANSWER to #1 Complaint,,. Document filed by Nationwide Mutual Insurance Company..(Kaufman, Thomas) |
| Filing 7 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Nationwide Mutual Insurance Company, Corporate Parent Harleysville Group, Inc. for Nationwide Mutual Insurance Company. Document filed by Nationwide Mutual Insurance Company..(Kaufman, Thomas) |
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Filing 6
MEMO ENDORSEMENT on re: #5 Letter, filed by Nationwide Mutual Insurance Company. ENDORSEMENT: SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 8/20/2021) (tg)
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| Set/Reset Deadlines: Nationwide Mutual Insurance Company answer due 9/13/2021. (tg) |
| Filing 5 LETTER addressed to Judge Andrew L. Carter, Jr. from Thomas C. Kaufman (Kennedys CMK LLP) dated August 19, 2021 re: Nationwide's Request For An Extension of Time To Answer. Document filed by Nationwide Mutual Insurance Company..(Kaufman, Thomas) |
| Filing 4 NOTICE OF APPEARANCE by Thomas Craig Kaufman, Jr on behalf of Nationwide Mutual Insurance Company..(Kaufman, Thomas) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Joseph Angelo Iemma. The party information for the following party/parties has been modified: Nationwide Mutual Insurance Company. The information for the party/parties has been modified for the following reason/reasons: party text was omitted;. (pc) |
| 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..(pc) |
| Magistrate Judge Barbara C. Moses 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) |
| Case Designated ECF. (pc) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Johnson Controls International plc for Johnson Controls, Inc.. Document filed by Johnson Controls, Inc...(Iemma, Joseph) |
| Filing 2 CIVIL COVER SHEET filed..(Iemma, Joseph) |
| Filing 1 COMPLAINT against Nationwide Mutual Insurance Company, Platinum Electric, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-24847197)Document filed by Johnson Controls, Inc.. (Attachments: #1 Exhibit A-Subcontract, #2 Exhibit B-Cert of Liability Insurance, #3 Exhibit C-Complaint and Amended Complaint, #4 Exhibit D-Third Party Complaint, #5 Exhibit E-JCI Tender Letter, #6 Exhibit F-Denial of Tender, #7 Exhibit G-Response to Tender Denial, #8 Exhibit H-Denial of Tender, #9 Affidavit Iemma Affidavit).(Iemma, Joseph) |
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