Esteban's, Inc. v. Mt. Hawley Insurance Company
| Esteban's, Inc. and Esteban |
| MT Hawley Insurance Company |
| RLI Corp., The Vanguard Group Inc, State Street Corporation and Blackrock, Inc. |
| 1:2022cv02791 |
| April 5, 2022 |
| US District Court for the Southern District of New York |
| Vernon S Broderick |
| Insurance |
| 28 U.S.C. § 1332 in Diversity-Insurance Contract |
| Both |
Docket Report
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This docket was last retrieved on August 23, 2022. A more recent docket listing may be available from PACER.
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Filing 27
ORDER SCHEDULING SETTLEMENT CONFERENCE: A settlement conference in this matter utilizing Microsoft Teams is scheduled for Thursday, July 21, 2022 at 2:00 p.m.- ET. Counsel for the parties will be sent an invitation by Judge Parkers chambers prior to the scheduled conference date. Corporate parties must send the person with decision making authority to settle the matter to the conference. The parties are instructed to complete the Settlement Conference Summary Report and prepare pre-conference submissions in accordance with the Judge Parker's Individual Rules of Practice. Updated pre-conference submissions must be received by the Court no later than July 14, 2022 by 5:00 p.m. SO ORDERED. Settlement Conference set for 7/21/2022 at 02:00 PM before Magistrate Judge Katharine H. Parker. (Signed by Magistrate Judge Katharine H. Parker on 5/17/2022) (jca)
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| Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Pre-Settlement Telephone Conference held on 5/17/2022. (ca) |
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Filing 26
MEMO ENDORSEMENT on re: #25 Letter filed by MT Hawley Insurance Company. ENDORSEMENT: The pre-settlement call scheduled for May 3, 2022 is hereby rescheduled to May 17, 2022 at 12:30 p.m. Counsel is directed to call Judge Parker's telephone conference line at the scheduled time. Please dial (866) 434-5269, Access Code: 4858267. SO ORDERED. ( Telephone Conference set for 5/17/2022 at 12:30 PM before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 4/29/2022) (vfr)
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| Filing 25 LETTER addressed to Judge Vernon S. Broderick from Greg K. Winslett dated April 29, 2022 re: Letter requesting adjournment of pre-settlement call. Document filed by MT Hawley Insurance Company..(Winslett, Greg) |
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Filing 24
ORDER SCHEDULING PRE-SETTLEMENT TELEPHONE CONFERENCE: This case has been referred to me for settlement purposes (docket no. 23). A telephone conference will be held on Tuesday, May 3, 2022 at 12:00 p.m. in advance of a settlement conference. The parties are directed to review Judge Parker's Individual Practices at http://nysd.uscourts.gov/judge/Parker concerning settlement conferences in advance of the call. Counsel for the parties are directed to call Judge Parker's Chambers court conference line at the scheduled time. Please dial (866) 434-5269, Access code: 4858267. SO ORDERED. ( Telephone Conference set for 5/3/2022 at 12:00 PM before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 4/14/2022) (vfr)
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Filing 23
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Katharine H. Parker. SO ORDERED. (Signed by Judge Vernon S. Broderick on 4/14/2022) (vfr)
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Filing 22
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, pursuant to 28 U.S.C. 636(c). This case is to be tried to a jury. Except as provided by Rule 15 of the Federal Rules of Civil Procedure, no additional parties may be joined after 30 days from the entry of this order. Depositions shall be completed by August 11, 2022. All expert discovery, including disclosures, reports, production of underlying documents, and depositions shall be completed by October 7, 2022. All discovery shall be completed no later than October 7, 2022. The parties have conferred and their present best estimate of the length of trial is 3-4 days. SO ORDERED. Depositions due by 10/7/2022. Fact Discovery due by 8/11/2022. Expert Discovery due by 10/7/2022. Discovery due by 10/7/2022. Status Conference set for 10/14/2022 at 2:00 PM before Judge Vernon S. Broderick. (Signed by Judge Vernon S. Broderick on 4/14/2022) (vfr)
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| Filing 21 PROPOSED CASE MANAGEMENT PLAN. Document filed by MT Hawley Insurance Company..(Winslett, Greg) |
| Filing 20 JOINT LETTER addressed to Judge Vernon S. Broderick from Greg Winslett and Jesse Corona dated April 13, 2022 re: Joint Letter for Initial Conference. Document filed by MT Hawley Insurance Company..(Winslett, Greg) |
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Filing 19
ORDER GRANTING MOTION FOR ADMISSION PRO HAC VICE granting #14 Motion for Greg K. Winslett to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys.. (Signed by Judge Vernon S. Broderick on 4/8/2022) (kv)
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Filing 18
ORDER GRANTING MOTION FOR ADMISSION PRO HAC VICE granting #13 Motion for Richard L. Smith, III to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys.. (Signed by Judge Vernon S. Broderick on 4/8/2022) (kv)
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Filing 17
ORDER FOR ADMISSION PRO HAC VICE granting #16 Motion for Jesse S Corona to Appear Pro Hac Vice. IT IS HEREBY ORDERED that applicant is admitted to practice Pro Hac Vice in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys.. (Signed by Judge Vernon S. Broderick on 4/8/2022) (kv)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #16 MOTION for Jesse S Corona to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25972817. Motion and supporting papers to be reviewed by Clerk's Office staff., #13 MOTION for Richard L. Smith, III to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25970823. Motion and supporting papers to be reviewed by Clerk's Office staff., #14 MOTION for Greg K. Winslett to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25972039. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba) |
| Filing 16 MOTION for Jesse S Corona to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25972817. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Esteban's, Inc.. (Attachments: #1 Exhibit Attorney Affidavit, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order Proposed Order).(Corona, Jesse) |
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Filing 15
ORDER AND NOTICE OF INITIAL CONFERENCE: This case has been assigned to me for all purposes. It is hereby: ORDERED that, in light of the public health crisis, the Court will not be holding an initial pretrial conference. IT IS FURTHER ORDERED that, by April 13, 2022, the parties submit a joint letter, not to exceed three (3) pages. IT IS FURTHER ORDERED that the parties also jointly submit to the Court a proposed case management plan and scheduling order. A template for the order is available at http://nysd.uscourts.gov /judge/Broderick. The status letter and the proposed case management plan should be filed electronically on ECF, consistent with Section 13.1 of the Court's Electronic Case Filing (ECF) Rules & Instructions, available at https://nysd.uscourts.gov/rules/ecf-relatedinstructions. SO ORDERED. (Signed by Judge Vernon S. Broderick on 4/6/2022) (jca)
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| Filing 14 MOTION for Greg K. Winslett to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25972039. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by MT Hawley Insurance Company. (Attachments: #1 Text of Proposed Order).(Winslett, Greg) |
| Filing 13 MOTION for Richard L. Smith, III to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25970823. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by MT Hawley Insurance Company. (Attachments: #1 Text of Proposed Order).(Smith, Richard) |
| Filing 12 CASE TRANSFERRED IN from the United States District Court - District of Texas Southern; Case Number: 3:22-cv-00075. Original file certified copy of transfer order and docket entries received. (sjo) |
| Case Designated ECF. (sjo) |
| Magistrate Judge Katharine H. Parker 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. (sjo) |
| NOTE TO OUT OF STATE ATTORNEYS: Please visit the Court's website at https://nysd.uscourts.gov/ for information regarding admission to the S.D.N.Y. Bar and the CM/ECF Rules & Filing Instructions. (sjo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Judge Vernon S. Broderick. 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. (sjo) |
| Filing 11 Interdistrict transfer to Southern District of New York. Case transferred electronically. Case terminated on 4/4/2022, filed. (agould, 3) [Transferred from Texas Southern on 4/5/2022.] |
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Filing 10
ORDER TO TRANSFER CASE to Southern District of New York; granting (Signed by Judge Jeffrey V Brown) Parties notified.(agould, 3) [Transferred from Texas Southern on 4/5/2022.]
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| Filing 9 Joint MOTION to Transfer Case to Southern District of New York by Mt. Hawley Insurance Company, filed. Motion Docket Date 4/21/2022. (Winslett, Gregory) [Transferred from Texas Southern on 4/5/2022.] |
| Filing 8 CORPORATE DISCLOSURE STATEMENT by Mt. Hawley Insurance Company, filed.(Winslett, Gregory) [Transferred from Texas Southern on 4/5/2022.] |
| Filing 7 CERTIFICATE OF INTERESTED PARTIES by Esteban's, Inc., filed.(Corona, Jesse) [Transferred from Texas Southern on 4/5/2022.] |
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Filing 6
PROTECTIVE ORDER (Signed by Judge Jeffrey V Brown) Parties notified.(GeorgeCardenas, 4) [Transferred from Texas Southern on 4/5/2022.]
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Filing 5
ORDER on Initial Discovery Protocols for First-Party Insurance Property Damage Cases Arising from Disasters.(Signed by Judge Jeffrey V Brown) Parties notified.(GeorgeCardenas, 4) [Transferred from Texas Southern on 4/5/2022.]
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| Filing 4 ANSWER to #1 State Court Petition/Notice of Removal by Mt. Hawley Insurance Company, filed.(Winslett, Gregory) [Transferred from Texas Southern on 4/5/2022.] |
| Filing 3 MOTION to Transfer Case to Southern District of New York by Mt. Hawley Insurance Company, filed. Motion Docket Date 4/4/2022. (Attachments: #1 Exhibit A, #2 Exhibit A-1 (Part 1), #3 Exhibit A-1 (Part 2), #4 Exhibit B, #5 Exhibit C)(Winslett, Gregory) [Transferred from Texas Southern on 4/5/2022.] |
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Filing 2
ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 6/1/2022 at 09:00 AM in by video before Magistrate Judge Andrew M Edison(Signed by Judge Jeffrey V Brown) Parties notified.(CynthiaBenavides, 3) [Transferred from Texas Southern on 4/5/2022.]
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| Filing 1 NOTICE OF REMOVAL from 405th District Court of Galveston, case number 22-CV-0056 (Filing fee $ 402 receipt number ATXSDC-27844341) filed by MT. HAWLEY INSURANCE COMPANY. (Attachments: #1 Index of Docs, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Civil Cover Sheet)(Winslett, Gregory) [Transferred from Texas Southern on 4/5/2022.] |
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