Adrien Logistics LLC et al v. Certain Underwriters at Lloyd's, London Subscribing to Policy Number Z178311-007NTL
| Adrien Logistics LLC and Progressive Preferred Insurance Company |
| Certain Underwriters at Lloyd's, London Subscribing to Policy Number Z178311-007NTL |
| Knight Refrigerated Transport, LLC |
| 1:2022cv03002 |
| April 12, 2022 |
| US District Court for the Southern District of New York |
| Edgardo Ramos |
| Insurance |
| 05 U.S.C. § 8705 Declaratory Judgment - Insurance |
| None |
Docket Report
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Filing 44
NOTICE OF VOLUNTARY DISMISSAL PURSUANT TO FED.R.CIV.P. 41(a)(2): The claims of Plaintiff Progressive Preferred Insurance Company ("Progressive") in this action are hereby voluntarily dismissed pursuant to Fed. R. Civ. P 41(a)(2) at the instance of Progressive and by the filing of this Notice in the manner ordered by the Court at the hearing held on August 3, 2023. SO ORDERED. Progressive Preferred Insurance Company and Progressive Preferred Insurance Company terminated. (Signed by Judge Edgardo Ramos on 8/7/2023) (tg)
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***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. #43 Notice of Voluntary Dismissal, was reviewed and referred to Judge Edgardo Ramos 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;. (nd)
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Filing 43
NOTICE OF VOLUNTARY DISMISSAL, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, against the defendant(s) Certain Underwriters at Lloyd's, London Subscribing to Policy Number Z178311-007NTL. Document filed by Progressive Preferred Insurance Company. Proposed Order to be reviewed by Clerk's Office staff...(Zakarin, Benjamin)
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Filing 42
ORDER: For all these reasons, the Court dismisses Adrien's claims with prejudice. But Defendant has indicated, both by letter (Doc. 40) and at the August 3, 2023 conference, that it intends to proceed with its declaratory judgment counterclaim expeditiously, and the Court therefore declines to close the case in its entirety to permit Defendant to pursue the counterclaim. It is SO ORDERED. (Signed by Judge Edgardo Ramos on 8/3/2023) (tg)
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Filing 41
LETTER addressed to Judge Edgardo Ramos from ROBERT K. GROSS dated August 2, 2023 re: ECF No. 40. Document filed by Progressive Preferred Insurance Company..(Zakarin, Benjamin)
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Filing 40
LETTER addressed to Judge Edgardo Ramos from Adam Kominsky dated July 28, 2023 re: Order to Show Cause. Document filed by Certain Underwriters at Lloyd's, London Subscribing to Policy Number Z178311-007NTL..(Kominsky, Adam)
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Filing 39
NOTICE OF APPEARANCE by Adam G.L. Kominsky on behalf of Certain Underwriters at Lloyd's, London Subscribing to Policy Number Z178311-007NTL..(Kominsky, Adam)
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Filing 38
ORDER: Accordingly, Adrien is hereby ORDERED to appear for a telephonic conference on August 3, 2023 at 10:30 AM, so that it may show cause why the Court should not dismiss this case pursuant to Federal Rule of Civil Procedure 41 for failure to prosecute. Adrien is directed to call (877) 411-9748 at that time and enter access code 3029857, followed by the pound (#) sign. IT IS SO ORDERED., ( Telephone Conference set for 8/3/2023 at 10:30 AM before Judge Edgardo Ramos.) (Signed by Judge Edgardo Ramos on 7/14/2023) (ama)
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Filing 37
AFFIDAVIT of Thomas D. Flinn, Esq. in Support re: #33 MOTION for THOMAS D. FLINN to Withdraw as Attorney for Adrien Logistics, LLC.. Document filed by Adrien Logistics LLC. (Attachments: #1 Affidavit Francis X. Garrity).(Flinn, Thomas)
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Filing 36
ORDER: granting #33 Motion to Withdraw as Attorney. Before the Court is the motion of Thomas D. Flinn and the Garrity, Graham, Favetta & Flinn law firm (the "Law Firm") to withdraw as attorney for Adrien Logistics, LLC, filed on April 10, 2023. Doc. 33. For the reasons stated at the conference held on April 19, 2023, the Court hereby grants this motion. Adrien Logistics is directed to retain new counsel by no later than May 19, 2023. Failure of new counsel to enter an appearance by that date may result in adverse action, including dismissal of this case for failure to prosecute. Flinn is instructed to serve Adrien Logistics with a copy of this Order. Flinn is further directed to submit an affirmation to the Court that Adrien Logistics has received notice of this Order. The Clerk of Court is respectfully directed to terminate Flinn and the Law Firm as counsel for Adrien Logistics, as well as the motion, Doc. 33. IT IS SO ORDERED. Attorney Thomas D. Flinn terminated. (Signed by Judge Edgardo Ramos on 4/19/2023) (ama)
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Filing 35
MEMO ENDORSEMENT: on re: #34 Letter filed by Adrien Logistics LLC. ENDORSEMENT: This matter will be heard at the telephonic case management conference scheduled for April 19, 2023. That conference, previously scheduled to begin at 11 a.m., is hereby rescheduled for 11:30 a.m. on April 19. The parties are reminded to call (877) 411-9748 and enter access code 3029857# when prompted. SO ORDERED., (Telephonic Case Management Conference set for 4/19/2023 at 11:30 AM before Judge Edgardo Ramos.) (Signed by Judge Edgardo Ramos on 4/17/2023) (ama)
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Filing 34
LETTER addressed to Judge Edgardo Ramos from Thomas D. Flinn dated April 10, 2023 re: Case Management Conference. Document filed by Adrien Logistics LLC..(Flinn, Thomas)
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Filing 33
MOTION for THOMAS D. FLINN to Withdraw as Attorney for Adrien Logistics, LLC. Document filed by Adrien Logistics LLC. Return Date set for 4/25/2023 at 10:00 AM..(Flinn, Thomas)
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Minute Entry for proceedings held before Judge Edgardo Ramos: Telephone Conference held on 3/16/2023. Plaintiff's and Defendant's counsel present. A case management conference is scheduled for April 19, 2023 at 11:00 AM by telephone. The parties are instructed to call (877) 411-9748 and enter access code 3029857# when prompted. (jar) Modified on 4/18/2023 (jar).
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Filing 32
OPINION AND ORDER: re: #21 MOTION to Dismiss filed by Progressive Preferred Insurance Company. For the foregoing reasons, Progressive's motion for dismiss the third-party complaint is GRANTED. The Clerk of Court is respectfully directed to terminate the motion, Doc. 21. The parties are directed to appear for a telephonic status conference on March 16, 2023 at 10:30 a.m. The parties are directed to dial (877) 411-9748 and to enter access code 3029857. IT IS SO ORDERED., ( Telephone Conference set for 3/16/2023 at 10:30 AM before Judge Edgardo Ramos.) (Signed by Judge Edgardo Ramos on 2/27/2023) (ama) Transmission to Orders and Judgments Clerk for processing.
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Filing 31
ORDER granting #18 Motion for Daniel S. Strick to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Edgardo Ramos)(Text Only Order) (jar)
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Filing 30
COUNTER LETTER addressed to Judge Edgardo Ramos from Kohar Boyadjian dated August 30, 2022 re: document 27. Document filed by Certain Underwriters at Lloyd's, London Subscribing to Policy Number Z178311-007NTL..(Boyadjian, Kohar)
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Filing 29
AFFIDAVIT OF SERVICE of Third-Party Complaint served on Knight Refrigerated Transport, LLC on August 2, 2022. Service was made by Mail. Document filed by Certain Underwriters at Lloyd's, London Subscribing to Policy Number Z178311-007NTL..(Boyadjian, Kohar)
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Filing 28
REPLY MEMORANDUM OF LAW in Support re: #21 MOTION to Dismiss . . Document filed by Progressive Preferred Insurance Company..(Zakarin, Benjamin)
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Filing 27
RESPONSE to Motion re: #21 MOTION to Dismiss . Adrien Logistics Letter in Response to Progressive's Motion to Dismiss. Document filed by Adrien Logistics LLC..(Flinn, Thomas)
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Filing 26
MEMORANDUM OF LAW in Opposition re: #21 MOTION to Dismiss . . Document filed by Certain Underwriters at Lloyd's, London Subscribing to Policy Number Z178311-007NTL. (Attachments: #1 Exhibit A-Ohio Secretary of State, #2 Exhibit B-Lease Agreement, #3 Exhibit C-Green Card, #4 Exhibit D-USPS tracking, #5 Text of Proposed Order Proposed Order).(Boyadjian, Kohar)
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Filing 25
NOTICE OF APPEARANCE by Kohar M. Boyadjian on behalf of Certain Underwriters at Lloyd's, London Subscribing to Policy Number Z178311-007NTL..(Boyadjian, Kohar)
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Filing 24
AFFIDAVIT of Laurence J. Rabinovich in Support re: #21 MOTION to Dismiss .. Document filed by Progressive Preferred Insurance Company. (Attachments: #1 Exhibit A to Laurence J. Rabinovich Affidavit, #2 Exhibit B to Laurence J. Rabinovich Affidavit).(Gross, Robert)
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Filing 23
DECLARATION of Chad Detwiler in Support re: #21 MOTION to Dismiss .. Document filed by Progressive Preferred Insurance Company. (Attachments: #1 Exhibit A to Chad Detwiler Declaration, #2 Exhibit B to Chad Detwiler Declaration).(Gross, Robert)
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Filing 22
MEMORANDUM OF LAW in Support re: #21 MOTION to Dismiss . . Document filed by Progressive Preferred Insurance Company. (Attachments: #1 Exhibit A to Memorandum of Law).(Gross, Robert)
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Filing 21
MOTION to Dismiss . Document filed by Progressive Preferred Insurance Company. (Attachments: #1 Text of Proposed Order Proposed Order Granting Motion to Dismiss).(Gross, Robert)
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***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Robert Gross to RE-FILE Document #20 MOTION to Dismiss .. ERROR(S): Supporting Documents are filed separately, each receiving their own document #. (Supporting Documents are found under the Event Type - Replies, Opposition and Supporting Documents; Affidavit, Declaration and Memorandum of Law are found under the Event List. File each separately then link each to the Motion to Dismiss. Only the Proposed Order and/or a Certificate of Service can be attached to this type of Motion. (kj)
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Filing 20
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Dismiss . Document filed by Progressive Preferred Insurance Company. (Attachments: #1 Appendix Memorandum of Law in Support of Motion to Dismiss, #2 Exhibit A to Memorandum of Law, #3 Appendix Declaration of Chad Detwiler in Support of Motion to Dismiss, #4 Exhibit A to Chad Detwiler Declaration, #5 Exhibit B to Chad Detwiler Declaration, #6 Affidavit Affidavit of Laurence J. Rabinovich in Support of Motion to Dismiss, #7 Exhibit A to Laurence J. Rabinovich Affidavit, #8 Exhibit B to Laurence J. Rabinovich Affidavit, #9 Text of Proposed Order Proposed Order Granting Motion to Dismiss).(Gross, Robert) Modified on 7/19/2022 (kj).
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***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Robert Kline Gross to RE-FILE Document #19 MOTION to Dismiss . ERROR(S): Supporting documents are filed separately, each receiving their own document #. (db)
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Filing 19
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Dismiss . Document filed by Progressive Preferred Insurance Company. (Attachments: #1 Appendix Memorandum of Law in Support of Motion to Dismiss, #2 Appendix Declaration of Chad Detwiler in Support of Motion to Dismiss, #3 Exhibit Exhibit A to Chad Detwiler Declaration, #4 Exhibit Exhibit B to Chad Detwiler Declaration, #5 Appendix Affidavit of Laurence J. Rabinovich in Support of Motion to Dismiss, #6 Exhibit Exhibit A to Laurence J. Rabinovich Affidavit, #7 Exhibit Exhibit B to Laurence J. Rabinovich Affidavit, #8 Text of Proposed Order Proposed Order Granting Motion to Dismiss).(Gross, Robert) Modified on 7/15/2022 (db).
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #18 FIRST MOTION for Daniel S. Strick to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26402107. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz)
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Filing 18
FIRST MOTION for Daniel S. Strick to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26402107. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Certain Underwriters at Lloyd's, London Subscribing to Policy Number Z178311-007NTL..(Asharia, Akbar)
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Minute Entry for proceedings held before Judge Edgardo Ramos: Pre-Motion Conference held on 6/22/2022 by telephone. Plaintiffs' and Defendants' counsel present. Progressive Preferred is granted leave to file a motion to dismiss the third party complaint with the following briefing schedule: moving papers due July 13, 2022; opposition due August 3, 2022; and reply due August 17, 2022. (jar)
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RESCHEDULING NOTICE: The pre-motion conference previously scheduled for June 22, 2022 at 11 a.m. is hereby rescheduled for 3:00 p.m. on June 22. The parties are reminded to call (877) 411-9748 and enter access code 3029857# when prompted. (jar)
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Filing 17
NOTICE of Notice of Appearance on behalf of Laurence J. Rabinovich, Esq.. Document filed by Progressive Preferred Insurance Company..(Gross, Robert)
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Filing 16
NOTICE OF APPEARANCE by Robert Kline Gross on behalf of Progressive Preferred Insurance Company..(Gross, Robert)
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Filing 15
PROPOSED ORDER. Document filed by Certain Underwriters at Lloyd's, London Subscribing to Policy Number Z178311-007NTL..(Asharia, Akbar) Proposed Order to be reviewed by Clerk's Office staff.
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Filing 14
LETTER RESPONSE to Motion addressed to Judge Edgardo Ramos from Akbar A. Asharia dated 06/15/2022 re: #12 LETTER MOTION for Conference re: #6 Third Party Complaint, Pre-Motion Conf. Request addressed to Judge Edgardo Ramos from Laurence J. Rabinovich dated June 3, 2022. Response to Pre-Motion Conf. Request. Document filed by Certain Underwriters at Lloyd's, London Subscribing to Policy Number Z178311-007NTL..(Asharia, Akbar)
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Filing 13
ORDER granting #12 Motion for Conference re: #6 Third Party Complaint, Pre-Motion Conf. Request. A pre-motion conference will be held on June 22, 2022 at 11:00 AM by telephone. Defendant is directed to respond by June 15, 2022. The parties are instructed to call (877) 411-9748 and enter access code 3029857# when prompted. (HEREBY ORDERED by Judge Edgardo Ramos)(Text Only Order) (jar)
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Filing 12
LETTER MOTION for Conference re: #6 Third Party Complaint, Pre-Motion Conf. Request addressed to Judge Edgardo Ramos from Laurence J. Rabinovich dated June 3, 2022. Document filed by Progressive Preferred Insurance Company..(Zakarin, Benjamin)
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Filing 11
NOTICE OF APPEARANCE by Benjamin Reed Zakarin on behalf of Progressive Preferred Insurance Company..(Zakarin, Benjamin)
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Filing 10
ANSWER to #4 Counterclaim. Document filed by Adrien Logistics LLC..(Flinn, Thomas)
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Filing 9
NOTICE of Affidavit of Service of the Third-Party Complaint. Document filed by Certain Underwriters at Lloyd's, London Subscribing to Policy Number Z178311-007NTL. (Attachments: #1 Exhibit "A" - Certified Mail Receipt).(Asharia, Akbar)
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Filing 8
ELECTRONIC SUMMONS ISSUED as to Knight Refrigerated Transport, LLC..(gp)
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Filing 7
REQUEST FOR ISSUANCE OF SUMMONS as to Knight Refrigerated Transport, LLC, re: #6 Third Party Complaint,. Document filed by Certain Underwriters at Lloyd's, London Subscribing to Policy Number Z178311-007NTL..(Asharia, Akbar)
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Filing 6
THIRD PARTY COMPLAINT against Knight Refrigerated Transport, LLC.Document filed by Certain Underwriters at Lloyd's, London Subscribing to Policy Number Z178311-007NTL. (Attachments: #1 Exhibit Exhibit A (NTL Policy), #2 Exhibit Exhibit B (Lease Agreement), #3 Affidavit Affidavit of Service of Third Party Complaint, #4 Proposed Summons on Third Party Complaint).(Asharia, Akbar)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Akbar Asharia to RE-FILE Document No. #5 Third Party Complaint,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct; Caption title does not include a Third Party Plaintiff. Re-file the pleading using the event type Third Party 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. (pc)
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Filing 5
FILING ERROR - PDF ERROR - THIRD PARTY COMPLAINT against Knight Refrigerated Transport, LLC.Document filed by Certain Underwriters at Lloyd's, London Subscribing to Policy Number Z178311-007NTL. (Attachments: #1 Exhibit "A" - NTL Policy, #2 Exhibit "B" - Lease Agreement, #3 Affidavit of Service to Third-Party Complaint, #4 Summons on a Third-Party Complaint).(Asharia, Akbar) Modified on 4/22/2022 (pc).
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Filing 4
ANSWER to Complaint., COUNTERCLAIM against Adrien Logistics LLC, Progressive Preferred Insurance Company. Document filed by Certain Underwriters at Lloyd's, London Subscribing to Policy Number Z178311-007NTL. (Attachments: #1 Exhibit "A" to Answer, Affirmative Defenses and Counterclaim, #2 Exhibit "B" to Answer, Affirmative Defenses and Counterclaim, #3 Affidavit of Service to Answer, Affirmative Defenses and Counterclaim).(Asharia, Akbar)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Edgardo Ramos. 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)
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Magistrate Judge Barbara C. Moses 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)
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Case Designated ECF. (pc)
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Filing 3
FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Certain Underwriters at Lloyd's, London for Certain Underwriters at Lloyd's, London Subscribing to Policy Number Z178311-007NTL. Document filed by Certain Underwriters at Lloyd's, London Subscribing to Policy Number Z178311-007NTL..(Asharia, Akbar)
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Filing 2
CIVIL COVER SHEET filed..(Asharia, Akbar)
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Filing 1
NOTICE OF REMOVAL from Supreme Court, County of Bronx. Case Number: 817433/2021E. (Filing Fee $ 402.00, Receipt Number ANYSDC-25996027).Document filed by Certain Underwriters at Lloyd's, London Subscribing to Policy Number Z178311-007NTL. (Attachments: #1 Exhibit "A" - Summons & Complaint for Declaratory Judgment, #2 Affidavit of Service to Notice of Removal).(Asharia, Akbar)
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| Search for this case: Adrien Logistics LLC et al v. Certain Underwriters at Lloyd's, London Subscribing to Policy Number Z178311-007NTL | |
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| Plaintiff: Adrien Logistics LLC | |
| Represented By: | Thomas D. Flinn |
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| Plaintiff: Progressive Preferred Insurance Company | |
| Represented By: | Benjamin Reed Zakarin |
| Represented By: | Robert Kline Gross |
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| Defendant: Certain Underwriters at Lloyd's, London Subscribing to Policy Number Z178311-007NTL | |
| Represented By: | Akbar Asharia |
| Represented By: | Kohar M. Boyadjian |
| Represented By: | Adam G.L. Kominsky |
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| 3rd party defendant: Knight Refrigerated Transport, LLC | |
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