Endurance Services Limited et al v. Westfield Insurance Company et al
| Endurance Services Limited and Sompo International Holdings Ltd. |
| Westfield Insurance Company, Westfield Specialty, Inc. and John and Jane Does 1-5 |
| 1:2021cv07852 |
| September 21, 2021 |
| US District Court for the Southern District of New York |
| Debra C Freeman |
| Lorna G Schofield |
| Personal Property: Other |
| 28 U.S.C. § 1332 fd |
| Plaintiff |
Docket Report
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Filing 33
STIPULATED CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Lorna G. Schofield on 11/15/2021) (rro)
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| Filing 32 PROPOSED PROTECTIVE ORDER. Document filed by Endurance Services Limited, Sompo International Holdings Ltd...(Kayman, Steven) |
| Filing 31 MEMORANDUM OF LAW in Opposition re: #24 MOTION to Dismiss Plaintiffs' Complaint. . Document filed by Endurance Services Limited, Sompo International Holdings Ltd...(Kayman, Steven) |
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Filing 30
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 Debra C. Freeman. (Signed by Judge Lorna G. Schofield on 11/5/2021) (mml)
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| Filing 29 JOINT LETTER addressed to Judge Lorna G. Schofield from Steven M. Kayman dated 11/4/2021 re: Court's October 28, 2021 Order (ECF No. 27),. Document filed by Endurance Services Limited, Sompo International Holdings Ltd...(Kayman, Steven) |
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Filing 28
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. See 28 U.S.C. 636(c). All fact discovery shall be completed no later than 2/25/22. Depositions pursuant to Fed. R. Civ. P. 30, 31 shall be completed by 2/18/22. If you have identified types of experts in question 9(a), all expert discovery shall be completed no later than 4/11/22. This case is to be tried to a jury. Counsel for the parties have conferred and their present best estimate of the length of trial is one week. By 12/16/21, the parties shall submit a joint status letter, as outlined in Individual Rule IV.A.2. By 3/8/22, the parties shall submit a joint status letter, as outlined in Individual Rule IV.A.2 and, in the event that they have not already been referred for settlement discussions, shall also advise the Court whether or not they request a referral for settlement discussions as provided in Paragraph 4(c) above. On 4/28/22 at 10:50 A.M., a pre-motion conference will be held for any anticipated dispositive motions. To join the conference, the parties shall call (888) 363-4749 and use Access Code 558-3333. The Clerk of Court is directed to enter the dates under paragraphs 5, 6, 8(a), 9(b)-(c) and 13(a)-(c) into the Court's calendar. SO ORDERED. Amended Pleadings due by 11/30/2021. Joinder of Parties due by 11/30/2021. Depositions due by 2/18/2022. Fact Discovery due by 2/25/2022. Expert Discovery due by 4/11/2022. Telephone Conference set for 4/28/2022 at 10:50 AM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 10/28/2021) (vfr)
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Filing 27
ORDER: It is hereby ORDERED that no later than November 4, 2021, the parties shall meet and confer to discuss the scope of discovery, interim discovery deadlines, and the priority of discovery in the parties' productions. It is further ORDERED that the parties shall file a joint letter no letter than November 4, 2021, providing proposed interim discovery deadlines, including the categories of documents to be prioritized in the parties' productions. If the parties are unable to reach an agreement on particular issues, the letter shall state their respective positions. (Signed by Judge Lorna G. Schofield on 10/28/2021) (kv)
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Filing 26
ORDER granting #22 Motion for John Joseph Haggerty to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (jcs)
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| Minute Entry for proceedings held before Judge Lorna G. Schofield: Initial Pretrial Conference held on 10/28/2021. (jcs) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #22 MOTION for John Joseph Haggerty 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) |
| Filing 25 MEMORANDUM OF LAW in Support re: #24 MOTION to Dismiss Plaintiffs' Complaint. . Document filed by Westfield Insurance Company, Westfield Specialty, Inc.. (Attachments: #1 Certificate of Service).(Haggerty, John) |
| Filing 24 MOTION to Dismiss Plaintiffs' Complaint. Document filed by Westfield Insurance Company, Westfield Specialty, Inc.. Responses due by 11/9/2021 (Attachments: #1 Text of Proposed Order, #2 Certificate of Service).(Haggerty, John) |
| Filing 23 JOINT LETTER addressed to Judge Lorna G. Schofield from Steven M. Kayman and James C. Clark dated October 26, 2021 re: the Courts October 22, 2021 Order (ECF No. 20) addressing the information required by the Courts October 18, 2021 Order (ECF No. 17). Document filed by Endurance Services Limited, Sompo International Holdings Ltd.. (Attachments: #1 Exhibit A - Proposed Civil Case Management Plan and Scheduling Order).(Kayman, Steven) |
| Filing 22 MOTION for John Joseph Haggerty to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Westfield Insurance Company, Westfield Specialty, Inc.. (Attachments: #1 Affidavit, #2 Exhibit A, #3 Text of Proposed Order).(Haggerty, John) |
| Filing 21 LETTER addressed to Judge Lorna G. Schofield from John J. Haggerty dated 10/22/2021 re: Response to Plaintiffs 10/20/2021 Letter re: Request for Expedited Discovery (ECF No. 18). Document filed by Westfield Insurance Company, Westfield Specialty, Inc...(Haggerty, John) |
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Filing 20
MEMO ENDORSEMENT: on re: #18 Letter filed by Endurance Services Limited, Sompo International Holdings Ltd. ENDORSEMENT: The initial pretrial conference scheduled for December 2, 2021, at 10:50 a.m. is rescheduled for October 28, 2021, at 10:50 a.m. The parties shall call (888) 363-4749 and enter the access code 558-3333. The parties shall submit the materials required by the Order at docket No. 17 by October 26, 2021, at noon., (Telephonic Initial Conference set for 10/28/2021 at 10:50 AM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 10/22/2021) (ama)
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| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #19 MOTION for John Joseph Haggerty to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25221624. 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 Virginia;. 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.. (bcu) |
| Filing 19 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for John Joseph Haggerty to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25221624. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Westfield Insurance Company, Westfield Specialty, Inc.. (Attachments: #1 Affidavit, #2 Exhibit A, #3 Text of Proposed Order).(Haggerty, John) Modified on 10/21/2021 (bcu). |
| Filing 18 LETTER addressed to Judge Lorna G. Schofield from Steven M. Kayman dated 10/20/2021 re: Discovery. Document filed by Endurance Services Limited, Sompo International Holdings Ltd...(Kayman, Steven) |
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Filing 17
ORDER: This case has been assigned to me for all purposes. It is hereby ORDERED that a telephonic conference will be held on December 2, 2021 at 10:50a.m. The parties shall call (888) 363-4749 and enter the access code 558-3333. The telephonic conference is public, and the time of the conference is approximate, but the parties shall be ready to proceed by that time. All pretrial conferences must be attended by the attorney who will serve as principal trial counsel. The parties shall ensure they are all dialed into the conference call by the appointed conference time, as further set forth. DATE AND TIME OF TELEPHONIC CONFERENCE: December 2, 2021 at 10:50a.m. IPTC MATERIALS DUE: November 24, 2021 at noon. (Telephone Conference set for 12/2/2021 at 10:50 AM before Judge Lorna G. Schofield.) Initial Conference set for 12/2/2021 at 10:50 AM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 10/18/2021) (mml)
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Filing 16
MEMO ENDORSEMENT on re: #13 Letter, filed by Westfield Insurance Company, Westfield Specialty, Inc. ENDORSEMENT: Defendants shall file their motion to dismiss and memorandum of law by October 26, 2021. Plaintiffs shall file their memorandum of law in opposition by November 9, 2021. Defendants shall file their reply memorandum of law, if any, by November 23, 2021. Defendants' request for a stay of discovery is denied. The Court does not stay discovery pending a motion to dismiss absent exceptional circumstances. So Ordered. (Motions due by 10/26/2021, Responses due by 11/9/2021, Replies due by 11/23/2021.) (Signed by Judge Lorna G. Schofield on 10/13/2021) (mml)
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| Filing 15 LETTER addressed to Judge Lorna G. Schofield from Steven M. Kayman dated 10/12/2021 re: Response to Defendants' Letter (Dkt. Entry 13) and to Court's Order (Dkt. Entry 14). Document filed by Endurance Services Limited, Sompo International Holdings Ltd...(Kayman, Steven) |
| Filing 14 MEMO ENDORSEMENT on re: #13 Letter, filed by Westfield Insurance Company, Westfield Specialty, Inc. ENDORSEMENT: Plaintiffs shall file a response to Defendants' letter by October 12, 2021, in accordance with Individual Rule III.C.2. Plaintiffs' response shall unambiguously state any intention to seek leave to amend. (Signed by Judge Lorna G. Schofield on 10/6/2021) (jca) |
| Filing 13 LETTER addressed to Judge Lorna G. Schofield from John J. Haggerty (pro hac vice forthcoming) dated 10/05/2021 re: Pre-Motion Letter in Anticipation of Motion to Dismiss. Document filed by Westfield Insurance Company, Westfield Specialty, Inc...(Clark, James) |
| Filing 12 NOTICE OF APPEARANCE by James Christian Clark on behalf of Westfield Insurance Company, Westfield Specialty, Inc...(Clark, James) |
| Filing 11 WAIVER OF SERVICE RETURNED EXECUTED. Westfield Specialty, Inc. waiver sent on 9/22/2021, answer due 11/22/2021. Document filed by Endurance Services Limited; Sompo International Holdings Ltd...(Kayman, Steven) |
| Filing 10 WAIVER OF SERVICE RETURNED EXECUTED. Westfield Insurance Company waiver sent on 9/22/2021, answer due 11/22/2021. Document filed by Endurance Services Limited; Sompo International Holdings Ltd...(Kayman, Steven) |
| Filing 9 ELECTRONIC SUMMONS ISSUED as to Westfield Insurance Company..(pc) |
| Filing 8 ELECTRONIC SUMMONS ISSUED as to Westfield Specialty, Inc...(pc) |
| Magistrate Judge Debra C. Freeman 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) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lorna G. Schofield. 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) |
| Filing 7 NOTICE OF APPEARANCE by Tiffany Mihee-Kwon Woo on behalf of Endurance Services Limited, Sompo International Holdings Ltd...(Woo, Tiffany) |
| Filing 6 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Sompo Japan Insurance Inc., Other Affiliate Sompo Holdings, Inc. for Sompo International Holdings Ltd.. Document filed by Sompo International Holdings Ltd...(Kayman, Steven) |
| Filing 5 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Endurance U.S. Holdings Corp., Other Affiliate Endurance Specialty Insurance Ltd., Other Affiliate Sompo Holdings, Inc., Other Affiliate Sompo International Holdings Ltd., Other Affiliate Sompo Japan Insurance Inc. for Endurance Services Limited. Document filed by Endurance Services Limited..(Kayman, Steven) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Westfield Specialty, Inc., re: #1 Complaint,. Document filed by Endurance Services Limited, Sompo International Holdings Ltd...(Kayman, Steven) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Westfield Insurance Company, re: #1 Complaint,. Document filed by Endurance Services Limited, Sompo International Holdings Ltd...(Kayman, Steven) |
| Filing 2 CIVIL COVER SHEET filed..(Kayman, Steven) |
| Filing 1 COMPLAINT against John and Jane Does 1-5, Westfield Insurance Company, Westfield Specialty, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-25087426)Document filed by Endurance Services Limited, Sompo International Holdings Ltd.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C).(Kayman, Steven) |
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