City of New York et al v. Philadelphia Indemnity Insurance Company
Plaintiff: The City of New York, City of New York and The Board of Education of the City School District of the City of New York
Defendant: Philadelphia Indemnity Insurance Company
Case Number: 1:2022cv02248
Filed: March 18, 2022
Court: US District Court for the Southern District of New York
Presiding Judge: Valerie E Caproni
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. ยง 1332 bc Diversity-Breach of Contract
Jury Demanded By: None
Docket Report

This docket was last retrieved on May 27, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 15, 2022 Filing 19 INITIAL REPORT OF PARTIES BEFORE PRETRIAL CONFERENCE. Document filed by City of New York, The Board of Education of the City School District of the City of New York. (Attachments: #1 Supplement Joint Letter re Diversity Jurisdiction).(Proshansky, Eric)
May 10, 2022 Opinion or Order Filing 18 ORDER granting #17 Letter Motion to Adjourn Conference. Application GRANTED. The initial pre-trial conference scheduled for May 20, 2022, is hereby ADJOURNED to Friday, May 27, 2022 at 10:30 a.m. The parties' joint submissions are due by no later than Thursday, May 19, 2022. All parties must attend by dialing 1-888-363-4749, using the access code 3121171, and the security code 2248. All attendees are advised to mute their phones when not speaking and to self-identify each time they speak. Recording or rebroadcasting the proceeding is strictly prohibited by law. SO ORDERED. Initial Conference set for 5/27/2022 at 10:30 AM before Judge Valerie E. Caproni. (Signed by Judge Valerie E. Caproni on 5/10/2022) (tg)
May 10, 2022 Filing 17 FIRST LETTER MOTION to Adjourn Conference addressed to Judge Valerie E. Caproni from Eric Proshansky dated 5/10/2022. Document filed by City of New York..(Proshansky, Eric)
May 4, 2022 Opinion or Order Filing 16 STIPULATION: IT IS HEREBY STIPULATED AND AGREED by the undersigned, attorneys for the Plaintiff and the Defendant that the time for the Defendant, Philadelphia Indemnity Insurance Company, to answer, move or otherwise respond to the Amended Complaint is hereby extended to May 24, 2022. SO ORDERED. Motions terminated: #15 MOTION for Extension of Time to File Answer re: #14 Amended Complaint, Request to So Order. filed by Philadelphia Indemnity Insurance Company. Philadelphia Indemnity Insurance Company answer due 5/24/2022. (Signed by Judge Valerie E. Caproni on 5/4/2022) (tg)
May 3, 2022 Filing 15 MOTION for Extension of Time to File Answer re: #14 Amended Complaint, Request to So Order. Document filed by Philadelphia Indemnity Insurance Company..(Kohane, Dan)
April 7, 2022 Filing 14 AMENDED COMPLAINT amending #4 Complaint against Philadelphia Indemnity Insurance Company.Document filed by City of New York, The Board of Education of the City School District of the City of New York. Related document: #4 Complaint. (Attachments: #1 Supplement Redline copy of the Amended Complaint).(Proshansky, Eric)
April 7, 2022 Filing 13 CERTIFICATE OF SERVICE of Summons and Complaint. Philadelphia Indemnity Insurance Company served on 3/22/2011, answer due 4/12/2011. Service was accepted by Anne Donahue, claims representative. Document filed by City of New York; The Board of Education of the City School District of the City of New York..(Proshansky, Eric)
April 7, 2022 Opinion or Order Filing 12 MEMO ENDORSEMENT on re: #11 Amended Complaint, filed by The Board of Education of the City School District of the City of New York, City of New York. ENDORSEMENT: Pursuant to Federal Rule of Civil Procedure 15(a)(1), a party may only amend its pleading once as a matter of course, inter alia, within 21 days after serving the original pleading. Plaintiffs have not filed proof of service on Defendant. Thus, the Court has no way of assessing whether Plaintiffs have complied with Rule 15(a)(1). Further, Plaintiffs' Amended Complaint does not comply with Rule 4(E) of the Undersigned's Individual Practices in Civil Cases. Accordingly, the Clerk of Court is respectfully directed to strike docket entry 11. Plaintiffs may refile their Amended Complaint once they have complied with both applicable rules. SO ORDERED. (Signed by Judge Valerie E. Caproni on 4/7/2022) (tg)
April 6, 2022 Filing 11 *** STRICKEN DOCUMENT. Document number #11 has been stricken from the case record. The document was stricken from this case pursuant to #12 Order. AMENDED COMPLAINT amending #4 Complaint against Philadelphia Indemnity Insurance Company.Document filed by City of New York, The Board of Education of the City School District of the City of New York. Related document: #4 Complaint..(Proshansky, Eric) Modified on 4/7/2022 (tg).
March 25, 2022 Filing 10 ELECTRONIC SUMMONS ISSUED as to Philadelphia Indemnity Insurance Company..(lal)
March 24, 2022 Filing 9 REQUEST FOR ISSUANCE OF SUMMONS as to Philadelphia Indemnity Insurance Company, re: #4 Complaint. Document filed by City of New York, The Board of Education of the City School District of the City of New York..(Proshansky, Eric)
March 24, 2022 ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Eric Proshansky to RE-FILE Document No. #8 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; Typographical error in party name in 'TO' field. 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)
March 23, 2022 Filing 8 FILING ERROR - DEFICIENT SUMMONS REQUEST - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to Philadelphia Indemnity Insurance Company, re: #4 Complaint. Document filed by City of New York, The Board of Education of the City School District of the City of New York.(Proshansky, Eric) Modified on 3/24/2022 (sj).
March 23, 2022 Opinion or Order Filing 7 NOTICE OF INITIAL PRETRIAL CONFERENCE: At the scheduled time, counsel for all parties should call 888-363-4749, Access code 3121171#, Security code 2248. (And as further set forth herein.) SO ORDERED. Initial Conference set for 5/20/2022 at 02:30 PM before Judge Valerie E. Caproni. (Signed by Judge Valerie E. Caproni on 3/23/2022) (jca)
March 23, 2022 ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Eric Proshansky to RE-FILE Document No. #6 Request for Issuance of Summons,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct;the date field on the offical A.O. Summons form was completed by the attorney;. 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. (lal)
March 22, 2022 Filing 6 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Philadelphia Indemnity Insurance Company, re: #4 Complaint. Document filed by City of New York, The Board of Education of the City School District of the City of New York..(Proshansky, Eric) Modified on 3/23/2022 (lal).
March 22, 2022 ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Eric Proshansky to RE-FILE Document No. #5 Request for Issuance of Summons. The filing is deficient for the following reason(s): Plaintiff Party Name Error listed on Summons Caption; and Defendant party name spelling error listed on Summons. Party names must correspond to pleading caption. 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. (vf)
March 22, 2022 ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Eric Proshansky. The party information for the following party/parties has been modified: Board of Education of the School District of the City of New York.. The information for the party/parties has been modified for the following reason/reasons: party name entered incorrectly. (vf)
March 21, 2022 Filing 5 FILING ERROR - DEFICIENT - SUMMONS REQUEST- REQUEST FOR ISSUANCE OF SUMMONS as to Philadelphia Indemnity Insurance Company, re: #4 Complaint. Document filed by The Board of Education of the City School District of the City of New York, City of New York.(Proshansky, Eric) Modified on 3/22/2022 (vf).
March 21, 2022 Filing 4 COMPLAINT against Philadelphia Indemnity Insurance Company. Document filed by City of New York, The Board of Education of the City School District of the City of New York.(Proshansky, Eric)
March 21, 2022 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Valerie E. Caproni. 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)
March 21, 2022 ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Eric Proshansky. The following case opening statistical information was erroneously selected/entered: Fee Status code due (due). The following correction(s) have been made to your case entry: the Fee Status code has been modified to pd (paid). (sj)
March 21, 2022 ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Eric Proshansky to RE-FILE re: Document No. #1 Complaint. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; the wrong filer/filers were selected for the pleading. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents. Re-file the pleading using the event type Complaint 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)
March 21, 2022 Magistrate Judge Stewart D. Aaron 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)
March 21, 2022 ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Eric Proshansky to RE-FILE Document No. #2 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; the wrong filer/filers were selected for the request for issuance of summons. 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)
March 21, 2022 Case Designated ECF. (sj)
March 21, 2022 ADD PARTY FOR PLEADING. Plaintiffs/Petitioners City of New York, Board of Education of the School District of the City of New York added. Party added pursuant to #1 Complaint,.Document filed by City of New York, Board of Education of the School District of the City of New York. Related document: #1 Complaint,..(Proshansky, Eric)
March 19, 2022 Filing 3 CIVIL COVER SHEET filed..(Proshansky, Eric)
March 19, 2022 Filing 2 FILING ERROR - DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS REQUEST FOR ISSUANCE OF SUMMONS as to Philadelphia Indemnity Insurance Company, re: #1 Complaint. Document filed by The City of New York..(Proshansky, Eric) Modified on 3/21/2022 (sj).
March 19, 2022 Filing 1 FILING ERROR - DEFICIENT PLEADING - FILER ERROR - COMPLAINT against Philadelphia Indemnity Insurance Company. (Filing Fee $ 402.00, Receipt Number ANYSDC-25886072)Document filed by Philadelphia Indemnity Insurance Company..(Proshansky, Eric) Modified on 3/21/2022 (sj).

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Plaintiff: The City of New York
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Plaintiff: City of New York
Represented By: Eric Proshansky
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Plaintiff: The Board of Education of the City School District of the City of New York
Represented By: Eric Proshansky
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Defendant: Philadelphia Indemnity Insurance Company
Represented By: Dan David Kohane
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