JRLDDS, LLC v. The Hartford Financial Services Group Inc. et al
| JRLDDS, LLC doing business as JEFFREY R. LEMLER, DDS |
| The Hartford Financial Services Group Inc. and Trumbull Insurance Company |
| 1:2021cv09487 |
| November 16, 2021 |
| US District Court for the Southern District of New York |
| Jesse M Furman |
| Insurance |
| 28 U.S.C. § 1446 in |
| None |
Docket Report
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This docket was last retrieved on July 29, 2022. A more recent docket listing may be available from PACER.
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Filing 16
ORDER granting #15 Letter Motion for Extension of Time. Application GRANTED. The Clerk of Court is directed to terminate ECF No. 15. SO ORDERED.. (Signed by Judge Jesse M. Furman on 1/6/2022) (ks)
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Set/Reset Deadlines: Amended Pleadings due by 1/28/2022. Responses due by 1/28/2022 Replies due by 2/11/2022. (ks)
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Filing 15
LETTER MOTION for Extension of Time addressed to Judge Jesse M. Furman from Joseph P. DePaola dated 01/05/2022. Document filed by JRLDDS, LLC..(Depaola, Joseph)
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Filing 14
ORDER, It is hereby ORDERED that Plaintiff shall file any amended complaint by January 7, 2022. Plaintiff will not be given any further opportunity to amend the complaint to address issues raised by the motion to dismiss. If no amended complaint is filed, Plaintiff shall file any opposition to the motion to dismiss by January 7, 2022. Defendants' reply, if any, shall be filed by January 14, 2022. In any opposition to Defendants' motion to dismiss, Plaintiff should address the import, if any, of this Court's previous decisions regarding insurance coverage disputes arising out of the COVID-19 pandemic. See Spirit Realty Cap., Inc. v. Westport Ins. Corp., No. 21-CV-2261 (JMF), 2021 WL 4926016 (S.D.N.Y. Oct. 21, 2021); 100 Orchard St., LLC v. Travelers Indem. Ins. Co. of Am., No. 20-CV-8452 (JMF), 2021 WL 2333244 (S.D.N.Y. June 8, 2021). Finally, it is further ORDERED that the initial pretrial conference previously scheduled for December 21, 2021 is adjourned sine die. SO ORDERED. ( Amended Pleadings due by 1/7/2022., Responses due by 1/7/2022, Replies due by 1/14/2022.) (Signed by Judge Jesse M. Furman on 12/13/21) (yv)
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Filing 13
DECLARATION of Charles Michael in Support re: #11 MOTION to Dismiss .. Document filed by The Hartford Financial Services Group Inc., Trumbull Insurance Company. (Attachments: #1 Appendix I - New York Cases Finding No Direct Physical Loss In Connection With COVID-19 Business Interruption Claims, #2 Appendix II - Federal Cases Finding No Direct Physical Loss In Connection With COVID-19 Business Interruption Claims, #3 Exhibit A - Insurance Policy between JRLDDS d/b/a Jeffrey R. Lemler, DDS and Trumbull Insurance Company, for the Policy Period March 1, 2020 to March 1, 2021, #4 Exhibit B - Empire State Development Corporation, Guidance on Executive Order 202.6, #5 Exhibit C - Empire State Development Corporation, Frequently Asked Questions).(Michael, Charles)
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Filing 12
MEMORANDUM OF LAW in Support re: #11 MOTION to Dismiss . . Document filed by The Hartford Financial Services Group Inc., Trumbull Insurance Company..(Michael, Charles)
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Filing 11
MOTION to Dismiss . Document filed by The Hartford Financial Services Group Inc., Trumbull Insurance Company..(Michael, Charles)
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Filing 10
ORDER granting #8 Letter Motion for Extension of Time to Answer re #8 LETTER MOTION for Extension of Time to File Answer addressed to Judge Jesse M. Furman from Charles Michael dated November 19, 2021., #7 Amended Notice of Removal,. Application GRANTED. The Clerk of Court is directed to terminate ECF No. 8. SO ORDERED. (All Defendants.) (Signed by Judge Jesse M. Furman on 11/22/21) (yv)
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Filing 9
AFFIDAVIT OF SERVICE of Order (ECF No. 3) and Notice of Pretrial Conference (ECF No. 4) served on Joseph P. DePaola, Greenberg Law, P.C. on November 17, 2021. Service was made by Mail. Document filed by The Hartford Financial Services Group Inc., Trumbull Insurance Company..(Michael, Charles)
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Filing 8
LETTER MOTION for Extension of Time to File Answer addressed to Judge Jesse M. Furman from Charles Michael dated November 19, 2021. Document filed by The Hartford Financial Services Group Inc., Trumbull Insurance Company..(Michael, Charles)
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Filing 7
AMENDED NOTICE OF REMOVAL against JRLDDS, LLC; amending #1 Notice of Removal,.Document filed by Trumbull Insurance Company, The Hartford Financial Services Group Inc.. Related document: #1 Notice of Removal,. (Attachments: #1 Exhibit A - Summons + Complaint - JRLDDS, #2 Exhibit B - Docket Report, #3 Exhibit C - Service of Process).(Michael, Charles)
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Filing 6
NOTICE OF APPEARANCE by Matthew Greenberg on behalf of JRLDDS, LLC..(Greenberg, Matthew)
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Filing 5
NOTICE OF APPEARANCE by Joseph Paul Depaola on behalf of JRLDDS, LLC..(Depaola, Joseph)
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Filing 4
NOTICE OF INITIAL PRETRIAL CONFERENCE: It is hereby ORDERED that counsel for all parties appear for an initial pretrial conference with the Court on December 21, 2021, at 3:30 p.m. in Courtroom 1105 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York. Within two business days of the date of this Order, Defendants are directed to serve on Plaintiff a copy of this Order and of the Court's Individual Rules and Practices in Civil Cases, and to file proof of such service on the docket. Counsel for Plaintiff is directed to file a notice of appearance on the docket within two business days of such service. 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://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. SO ORDERED. ( Initial Conference set for 12/21/2021 at 03:30 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 11/17/21) (yv)
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Filing 3
ORDER: Accordingly, it is hereby ORDERED that, on or before December 1, 2021, Defendants shall amend their Notice of Removal to allege the citizenship of each constituent person or entity comprising the Plaintiff LLC (including the state of incorporation and principal place of business of any corporate entity member). If, by that date, Defendants are unable to amend the Notice of Removal to truthfully allege complete diversity of citizenship, then the action will be remanded to the Supreme Court of New York, New York County, without further notice to either party. Finally, Defendants are directed to, within two business days of this Order, serve on Plaintiff a copy of this Order and to file proof of such service on the docket. Counsel for Plaintiff is directed to file a notice of appearance on the docket within two business days of such service. SO ORDERED. ( Amended Pleadings due by 12/1/2021.) (Signed by Judge Jesse M. Furman on 11/17/2021) (tg)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jesse M. Furman. 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)
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Magistrate Judge Sarah Netburn 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)
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Case Designated ECF. (vf)
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Filing 2
CIVIL COVER SHEET filed..(Michael, Charles)
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Filing 1
NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 655561/2021. (Filing Fee $ 402.00, Receipt Number ANYSDC-25342879).Document filed by Trumbull Insurance Company, The Hartford Financial Services Group Inc.. (Attachments: #1 Exhibit A - Summons + Complaint, #2 Exhibit B - Docket Report, #3 Exhibit C -Service of Process).(Michael, Charles)
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