Cardiovascular Research Foundation v. Willis Towers Watson Southeast, Inc.
| Cardiovascular Research Foundation |
| WILLIS TOWERS WATSON NORTHEAST, INC. and WILLIS TOWERS WATSON SOUTHEAST, INC. |
| 1:2022cv01990 |
| March 9, 2022 |
| US District Court for the Southern District of New York |
| Analisa Torres |
| Insurance |
| 28 U.S.C. § 1332 Diversity Action |
| Plaintiff |
Docket Report
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| Filing 29 FIRST AMENDED COMPLAINT against Willis Towers Watson Southeast, Inc. with JURY DEMAND.Document filed by Cardiovascular Research Foundation. (Attachments: #1 Exhibit A - USSIC Quote, #2 Exhibit B - USSIC Policy No. U-207004559).(Nemecek, Philip) |
Filing 28
ORDER: To conserve resources, to promote judicial efficiency, and in an effort to achieve a faster disposition of this matter, it is hereby ORDERED that the parties discuss whether they are willing to consent, under 28 U.S.C. 636(c), to conducting all further proceedings before the assigned Magistrate Judge. If all parties consent to proceed before the Magistrate Judge, counsel for Defendants shall, by July 5, 2022, e-mail a fully executed Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form, available at https://nysd.uscourts.gov/node/754 and attached to this order, to Orders_and_Judgments@nysd.uscourts.gov. If the Court approves that form, all further proceedings will then be conducted before the assigned Magistrate Judge rather than before me. An information sheet on proceedings before magistrate judges is also attached to this order. Any appeal would be taken directly to the United States Court of Appeals for the Second Circuit, as it would be if the consent form were not signed and so ordered. If any party does not consent to conducting all further proceedings before the assigned Magistrate Judge, the parties must file a joint letter, by July 5, 2022, advising the Court that the parties do not consent, but without disclosing the identity of the party or parties who do not consent. The parties are free to withhold consent without negative consequences. SO ORDERED. (Signed by Judge Analisa Torres on 5/4/2022) (tg)
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Filing 27
INITIAL PRETRIAL SCHEDULING ORDER: 1. Counsel for all parties are directed to submit a joint letter and a jointly proposed Case Management Plan and Scheduling Order by July 5, 2022, in accordance with Rule 16 of the Federal Rules of Civil Procedure and the instructions set forth below. 2. COUNSEL FOR PLAINTIFF IS DIRECTED TO IMMEDIATELY SEND A COPY OF THIS ORDER AND THE COURTS INDIVIDUAL PRACTICES TO ALL PARTIES. 3. This case has been designated for electronic case filing. By the deadline for submissions, counsel for all parties are required to register as ECF filers and file a notice of appearance in accordance with the Electronic Case Filing Rules & Instructions (https://nysd.uscourts.gov/electronic-case-filing). 4. The parties are directed to submit a joint letter addressing the following in separate paragraphs: (1) a brief description of the case, including the factual and legal bases for the claim(s) and defense(s), (2) any contemplated motions, and (3) the prospect for settlement. 5. The parties are directed to submit with their joint letter a jointly proposed Case Management Plan and Scheduling Order. The parties are directed to consult the Court's Individual Practices and model Case Management Plan and Scheduling Order, which are available at https://nysd.uscourts.gov/hon-analisa-torres. The joint letter shall be filed electronically on ECF, with a courtesy copy, clearly marked as such, e-mailed to chambers in accordance with the Court's Individual Practices (See Rule I.B). The proposed Case Management Plan and Scheduling Order shall be e-mailed to chambers (Torres_nysdchambers@nysd.uscourts.gov). 6. Requests for adjournment of the deadline for the above submissions will be considered only if made in writing and in accordance with the Court's Individual Practices (See le I.C). 7. The parties are advised that the Court requires pre-motion letters before a motion is filed (See Rules III.A-C). 8. If this case has been settled or otherwise terminated, counsel are required to notify the Court-before the deadline for the above submissions-by calling (212) 805-0292 and must e-mail a stipulation of discontinuance, voluntary dismissal, or other proof of termination to the Orders and Judgments Clerk (judgments@nysd.uscourts.gov). SO ORDERED. (Signed by Judge Analisa Torres on 5/4/2022) (tg)
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Filing 26
ORDER: To protect the public health, while promoting the "just, speedy, and inexpensive determination of every action and proceeding," Fed. R. Civ. P. 1, it is ORDERED pursuant to Rules 30(b)(3) and 30(b)(4) of the Federal Rules of Civil Procedure that all depositions in this action may be taken via telephone, videoconference, or other remote means. It is further ORDERED pursuant to Rule 30(b)(5) that a deposition will be deemed to have taken place "before an officer appointed or designated under Rule 28" if such officer attends the deposition using the same remote means used to connect all other participants, so long as all participants (including the officer) can clearly hear and be heard by all other participants. The parties are encouraged to engage in discovery through remote means at every available opportunity. SO ORDERED. (Signed by Judge Analisa Torres on 5/4/2022) (tg)
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| Filing 25 NOTICE OF VOLUNTARY DISMISSAL PURSUANT TO FED. R. CIV. P. 41(a)(1)(A)(i): Pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), plaintiff Cardiovascular Research Foundation hereby gives notice that the above-captioned action is voluntarily dismissed without prejudice against the defendant Willis Towers Watson Northeast, Inc. The Clerk of Court is directed to terminate Defendant Willis Towers Watson Northeast, Inc. from this action, and STRIKE the document at ECF No. 24. Willis Towers Watson Northeast, Inc. terminated. (Signed by Judge Analisa Torres on 5/4/2022) (rro) |
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Filing 24
***STRICKEN DOCUMENT. Document number #24 has been stricken from the case record. The document was stricken from this case pursuant to #25 Order . NOTICE OF VOLUNTARY DISMISSAL PURSUANT TO FED. R. CIV. P. 41(a)(1)(A)(i):Pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), plaintiff Cardiovascular Research Foundation hereby gives notice that the above-captioned action is voluntarily dismissed without prejudice against the defendant Willis Towers Watson Northeast, Inc. SO ORDERED. (Signed by Judge Analisa Torres on 5/4/2022) (rro) Modified on 5/4/2022 (rro).
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| ***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. #23 Notice of Voluntary Dismissal, was reviewed and referred to Judge Analisa Torres for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety. (tp) |
| Filing 23 NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice and without costs against the defendant(s) Willis Towers Watson Northeast, Inc.. Document filed by Cardiovascular Research Foundation. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Nemecek, Philip) |
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Filing 22
ORDER withdrawing #11 Motion to Remand to State Court; granting #21 Letter Motion for Leave to File Document. GRANTED. The Clerk of Court is directed to terminate the motion at ECF No. 11. SO ORDERED. (Signed by Judge Analisa Torres on 4/28/2022) (tg)
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| Set/Reset Deadlines: Amended Pleadings due by 5/6/2022. (tg) |
| Filing 21 LETTER MOTION for Leave to File Amended Complaint addressed to Judge Analisa Torres from Philip A. Nemecek dated 4/27/22. Document filed by Cardiovascular Research Foundation..(Nemecek, Philip) |
| Filing 20 DECLARATION of Kelly J. Smits in Opposition re: #11 MOTION to Remand to State Court .. Document filed by Willis Towers Watson Northeast, Inc., Willis Towers Watson Southeast, Inc...(Rauls, Ruth) |
| Filing 19 MEMORANDUM OF LAW in Opposition re: #11 MOTION to Remand to State Court . . Document filed by Willis Towers Watson Northeast, Inc., Willis Towers Watson Southeast, Inc...(Rauls, Ruth) |
| Filing 18 DEMAND for Trial by Jury. Document filed by Cardiovascular Research Foundation.(Nemecek, Philip) |
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Filing 17
ORDER re: #15 Letter filed by Willis Towers Watson Northeast, Inc., Willis Towers Watson Southeast, Inc., #16 Letter filed by Cardiovascular Research Foundation. The Court has reviewed the parties' letters dated April 1 and 8, 2022, concerning Defendants' request to file a motion to dismiss the complaint in this matter. The request is DENIED without prejudice to renewal within fifteen days of the Court's decision on the pending motion to remand this matter to state court. SO ORDERED. (Signed by Judge Analisa Torres on 4/11/2022) (kv)
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| Filing 16 LETTER addressed to Judge Analisa Torres from Philip A. Nemecek dated 4/8/22 re: Response To Defendants' Pre-Motion Letter Dated 4/1/22. Document filed by Cardiovascular Research Foundation..(Nemecek, Philip) |
| Filing 15 LETTER addressed to Judge Analisa Torres from Ruth A. Rauls, Esq. dated 04-01-2022 re: Permission to file a Motion to Dismiss. Document filed by Willis Towers Watson Northeast, Inc., Willis Towers Watson Southeast, Inc...(Rauls, Ruth) |
| Filing 14 ANSWER to Complaint. Document filed by Willis Towers Watson Northeast, Inc., Willis Towers Watson Southeast, Inc...(Rauls, Ruth) |
| Filing 13 MEMORANDUM OF LAW in Support re: #11 MOTION to Remand to State Court . . Document filed by Cardiovascular Research Foundation..(Nemecek, Philip) |
| Filing 12 DECLARATION of Philip A. Nemecek in Support re: #11 MOTION to Remand to State Court .. Document filed by Cardiovascular Research Foundation. (Attachments: #1 Exhibit 1).(Nemecek, Philip) |
| Filing 11 MOTION to Remand to State Court . Document filed by Cardiovascular Research Foundation..(Nemecek, Philip) |
| Filing 10 LETTER addressed to Judge Analisa Torres from Ruth A. Rauls, Esq. dated 03-24-2022 re: Affidavit signed by John Beam (Dkt. 3). Document filed by Willis Towers Watson Northeast, Inc., Willis Towers Watson Southeast, Inc...(Rauls, Ruth) |
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Filing 9
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 Analisa Torres from Ruth A. Rauls, Esq. dated 03-11-2022., #3 Notice of Removal. GRANTED. SO ORDERED. Willis Towers Watson Northeast, Inc. answer due 4/1/2022; Willis Towers Watson Southeast, Inc. answer due 4/1/2022. (Signed by Judge Analisa Torres on 3/14/2022) (kv)
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| Filing 8 LETTER MOTION for Extension of Time to File Answer addressed to Judge Analisa Torres from Ruth A. Rauls, Esq. dated 03-11-2022. Document filed by Willis Towers Watson Northeast, Inc., Willis Towers Watson Southeast, Inc...(Rauls, Ruth) |
| Filing 7 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Willis Towers Watson PLC for Willis Towers Watson Northeast, Inc., Willis Towers Watson Southeast, Inc.. Document filed by Willis Towers Watson Northeast, Inc., Willis Towers Watson Southeast, Inc...(Rauls, Ruth) |
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Filing 6
ORDER: The Court has been advised that Plaintiff intends to contest removal of this matter. Accordingly, By April 1, 2022, Plaintiff shall file its motion for remand; By April 15, 2022, Defendants shall file their opposition; and By April 22, 2022, Plaintiff shall file its reply, if any. SO ORDERED., ( Motions due by 4/1/2022., Responses due by 4/15/2022, Replies due by 4/22/2022.) (Signed by Judge Analisa Torres on 3/11/2022) (ama)
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| Filing 5 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Cardiovascular Research Foundation..(Nemecek, Philip) |
| Filing 4 NOTICE OF APPEARANCE by Philip Adam Nemecek on behalf of Cardiovascular Research Foundation..(Nemecek, Philip) |
| Filing 3 NOTICE OF REMOVAL from Supreme Court of the State of New York, County of County of New York. Case Number: 650578/2022..Document filed by Willis Towers Watson Southeast, Inc., Willis Towers Watson Northeast, Inc.. (Attachments: #1 Exhibit Exhibit A - Summons & Complaint, #2 Exhibit Exhibit B - Affidavit of John Beam).(Rauls, Ruth) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Ruth Rauls. The party information for the following party/parties has been modified: Willis Towers Watson Northeast, Inc., Willis Towers Watson Southeast, Inc.. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps. (sj) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Ruth Rauls to RE-FILE Document No. #1 Notice of Removal. The filing is deficient for the following reason(s): Pursuant to ECF Filing Rule 13.3, Notice of Removal exhibits must be filed as attachments and labeled. Each attachment must be clearly titled in the ECF entry so the subject of the exhibit is clear. They cannot be labeled "Exhibit A, Exhibit B, etc.". Re-file the pleading using the event type Notice of Removal found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (sj) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Ruth Rauls. The following case opening statistical information was erroneously selected/entered: Dollar Demand (none). The following correction(s) have been made to your case entry: the Dollar Demand has been modified to $9,999,000. (sj) |
| 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. (sj) |
| Case Designated ECF. (sj) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Analisa Torres. 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..(sj) |
| Filing 2 CIVIL COVER SHEET filed..(Rauls, Ruth) |
| Filing 1 FILING ERROR - EXHIBITS NOT CLEARLY TITLED NOTICE OF REMOVAL from Supreme Court of the State of New York, County of County of New York. Case Number: 650578/2022. (Filing Fee $ 402.00, Receipt Number ANYSDC-25840325).Document filed by WILLIS TOWERS WATSON SOUTHEAST, INC., WILLIS TOWERS WATSON NORTHEAST, INC..(Rauls, Ruth) Modified on 3/10/2022 (sj). |
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