STORM DAMAGE SOLUTIONS v. MT HAWLEY INSURANCE COMPANY
| STORM DAMAGE SOLUTIONS LLC doing business as SMART TARP on behalf of FERNANDO INC doing business as VALARTA PLAZA |
| MT Hawley Insurance Company |
| 1:2022cv04020 |
| May 17, 2022 |
| US District Court for the Southern District of New York |
| John P Cronan |
| Insurance |
| 28 U.S.C. § 1332 nr Diversity: Notice of Removal |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 27, 2024. A more recent docket listing may be available from PACER.
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Filing 28
ORDER granting #27 Motion for Matthew McElligott to Appear Pro Hac Vice (HEREBY ORDERED by Judge John P. Cronan)(Text Only Order) (mhe)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #27 AMENDED MOTION for Matthew McElligott to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz) |
| Filing 27 AMENDED MOTION for Matthew McElligott to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by STORM DAMAGE SOLUTIONS LLC. (Attachments: #1 Affidavit Atty Affidavit, #2 Exhibit Cert of Good Standing, #3 Text of Proposed Order Proposed Order Granting).(McElligott, Matthew) |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #26 MOTION for Matthew McElligott to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26328895. Motion and supporting papers to be reviewed by Clerk's Office staff.. The filing is deficient for the following reason(s): Affidavit Not Notarized;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. (sgz) |
| Filing 26 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Matthew McElligott to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26328895. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by STORM DAMAGE SOLUTIONS LLC. (Attachments: #1 Affidavit Affidavit Supporting Admission, #2 Exhibit Certificate of Good Standin, #3 Text of Proposed Order Order for Admission).(McElligott, Matthew) Modified on 6/27/2022 (sgz). |
| Filing 25 PROPOSED CASE MANAGEMENT PLAN. Document filed by MT Hawley Insurance Company..(Kraus, Matthew) |
| Filing 24 NOTICE OF APPEARANCE by Andrew Jesse Furman on behalf of MT Hawley Insurance Company..(Furman, Andrew) |
| Filing 23 NOTICE OF APPEARANCE by Matthew David Kraus on behalf of MT Hawley Insurance Company..(Kraus, Matthew) |
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Filing 22
MEMO ENDORSEMENT on re: #21 Letter filed by MT Hawley Insurance Company. ENDORSEMENT: Given that there are no outstanding motions nor requests to file motions and the information provided in the parties' joint letter, the Court finds that a status conference is not necessary at this time. If the parties believe that there are any matters that should be addressed at a conference, however, they may request that the Court schedule one. By June 9, 2022, the parties shall file a proposed Amended Case Management Plan. The parties shall use the form Proposed Case Management Plan available at the Court's website: https://www.nysd.uscourts.gov/hon-john-p-cronan. SO ORDERED. (Signed by Judge John P. Cronan on 6/2/2022) (jca)
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| Filing 21 JOINT LETTER addressed to Judge John P. Cronan from Matthew Kraus dated June 1, 2022 re: status report. Document filed by MT Hawley Insurance Company..(Kraus, Matthew) |
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Filing 20
NOTICE OF ASSIGNMENT: This case has been transferred from the Honorable M. Casey Rodgers in the Northern District of Florida to the Southern District of New York and assigned to the undersigned. All counsel must familiarize themselves with the Court's Individual Rules, which are available at https://www.nysd.uscourts.gov /hon-john-p-cronan. Additionally, within two weeks of the filing of this Order, the parties are hereby ORDERED to file on ECF a joint letter, described below, updating the Court on the status of the case. The joint letter shall not exceed five (5) pages. (And as further set forth herein.) SO ORDERED. (Signed by Judge John P. Cronan on 5/18/2022) (jca)
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| Filing 19 CASE TRANSFERRED IN from the United States District Court - District of Florida Northern; Case Number: 3:21-cv-01943. Original file certified copy of transfer order and docket entries received. |
| 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. (laq) |
| Case Designated ECF. (laq) |
| 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. (laq) |
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Filing 18
ORDER. Defendants Motion to Transfer Venue (ECF No. #4 ) is GRANTED. The clerk of court is directed to transfer this case to the United States District Court for the Southern District of New York and close the file. Signed by JUDGE M CASEY RODGERS on 05/09/2022. (alb) [Transferred from Florida Northern on 5/17/2022.]
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| Filing 17 NOTICE of Supplemental Authority in Support of Defendant's Motion to Transfer Venue by MT HAWLEY INSURANCE COMPANY re #4 MOTION to Change Venue (Defendants MOTION to Transfer Venue and Memorandum in Support) (Attachments: #1 Exhibit A - Amusam v. Mt. Hawley Order Granting Motion to Transfer, #2 Exhibit B - H-2 Kendall Lakes v. Mt. Hawley Order Granting Motion to Dismiss for Improper Venue, #3 Exhibit C - Pinto v. Mt. Hawley Order Granting Motion to Transfer, #4 Exhibit D - Doral City Invest v. Mt. Hawley Order Granting Motion to Transfer, #5 Exhibit E - Summerwind West Condominium Owners Assoc v. Mt. Hawley Order Granting Motion to Transfer) (MAHFOOD, MARCUS) [Transferred from Florida Northern on 5/17/2022.] |
| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE M CASEY RODGERS notified that action is needed Re: #17 DEFENDANT MT. HAWLEY INSURANCE COMPANY'S NOTICE OF SUPPLEMENTAL AUTHORITY IN SUPPORT OF DEFENDANT'S MOTION TO TRANSFER VENUE. (jfj) [Transferred from Florida Northern on 5/17/2022.] |
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Filing 16
ORDER granting #15 Joint Motion to Extend Scheduling Order Deadlines. All deadlines are extended as requested. ( Dispositive Motions to be filed by 12/2/2022. Discovery due by 11/11/2022. Mediation to take place by 12/9/2022. Mediation Report due by 12/23/2022.) Signed by JUDGE M CASEY RODGERS on 02/08/2022. (alb) [Transferred from Florida Northern on 5/17/2022.]
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| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE M CASEY RODGERS notified that action is needed Re: #15 Joint MOTION to Extend Time/Extend Scheduling Order Deadlines and Motion for Amended Scheduling Order. (alb) [Transferred from Florida Northern on 5/17/2022.] |
| Filing 15 Joint MOTION to Extend Time/Extend Scheduling Order Deadlines and Motion for Amended Scheduling Order by MT HAWLEY INSURANCE COMPANY. (MAHFOOD, MARCUS) [Transferred from Florida Northern on 5/17/2022.] |
| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE M CASEY RODGERS notified that action is needed Re: #14 Defendant's Reply Memorandum Supporting Motion to Transfer. (alb) [Transferred from Florida Northern on 5/17/2022.] |
| Filing 14 REPLY to Response to Motion re #4 MOTION to Change Venue (Defendants MOTION to Transfer Venue and Memorandum in Support) filed by MT HAWLEY INSURANCE COMPANY. (Attachments: #1 Exhibit A - Nusi Amusam v Mt. Hawley Insurance Co.) (MAHFOOD, MARCUS) [Transferred from Florida Northern on 5/17/2022.] |
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Filing 13
ORDER. UNOPPOSED MOTION FOR LEAVE TO FILE A REPLY BRIEF IN SUPPORT OF DEFENDANT'S MOTION TO TRANSFER VENUE. On consideration, the motion is GRANTED. Defendant may file a reply brief that complies with the Court's 3,200 word limit by January 17, 2022.( Replies due by 1/17/2022.) Signed by JUDGE M CASEY RODGERS on 12/30/2021. (alb) [Transferred from Florida Northern on 5/17/2022.]
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| Filing 12 MOTION for Leave to File re #4 MOTION to Change Venue (Defendants MOTION to Transfer Venue and Memorandum in Support), #11 Response in Opposition to Motion by MT HAWLEY INSURANCE COMPANY. (MAHFOOD, MARCUS) [Transferred from Florida Northern on 5/17/2022.] |
| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE M CASEY RODGERS notified that action is needed Re: #4 MOTION to Change Venue (Defendants MOTION to Transfer Venue and Memorandum in Support), #11 Response in Opposition to Motion. (alb) [Transferred from Florida Northern on 5/17/2022.] |
| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE M CASEY RODGERS notified that action is needed Re: #12 MOTION for Leave to File a Reply in Support of Defendant's #4 Motion to Transfer Venue, #11 Response in Opposition to Motion. (alb) [Transferred from Florida Northern on 5/17/2022.] |
| Filing 11 RESPONSE in Opposition re #4 MOTION to Change Venue (Defendants MOTION to Transfer Venue and Memorandum in Support) filed by LLC STORM DAMAGE SOLUTIONS. (MCELLIGOTT, MATTHEW) [Transferred from Florida Northern on 5/17/2022.] |
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Filing 10
FINAL SCHEDULING ORDER AND MEDIATION REFERRAL, re: #9 Report of Rule 26(f) Planning Meeting. (Discovery due by 11/11/2022. Dispositive Motions to be filed by 12/2/2022. Mediation to take place by 12/9/2022. Mediation Report due by 12/23/2022). Signed by JUDGE M CASEY RODGERS on 12/13/2021. (alb) [Transferred from Florida Northern on 5/17/2022.]
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| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE M CASEY RODGERS notified that action is needed Re: #9 Report of Rule 26(f) Planning Meeting. (alb) [Transferred from Florida Northern on 5/17/2022.] |
| Filing 9 REPORT of Rule 26(f) Planning Meeting. (MAHFOOD, MARCUS) [Transferred from Florida Northern on 5/17/2022.] |
| Filing 8 Corporate Disclosure Statement/Certificate of Interested Persons by MT HAWLEY INSURANCE COMPANY identifying Corporate Parent RLI CORP, Other Affiliate RLI INSURANCE COMPANY for MT HAWLEY INSURANCE COMPANY.. (MAHFOOD, MARCUS) [Transferred from Florida Northern on 5/17/2022.] |
| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE M CASEY RODGERS notified that action is needed Re: #4 MOTION to Change Venue (Defendants MOTION to Transfer Venue and Memorandum in Support. (No response filed.) (alb) [Transferred from Florida Northern on 5/17/2022.] |
| Filing 7 DOCKET ANNOTATION BY COURT: Re #3 Scheduling Order, Each non-governmental corporate party must file a statement that identifies any parent corporation and any publicly held corporation that owns 10% or more of its stock or states that there is no such corporation. The deadline for filing the statement is set forth in Fed. R. Civ. P. 7.1, and, if not filed sooner, the statement must in any event be filed within 14 days of the date of the scheduling order. The deadline expired on 11/22/2021. A corporate disclosure statement must be filed no later than 12/7/2021. Clerk to notify chambers on 12/7/2021. (alb) [Transferred from Florida Northern on 5/17/2022.] |
| Filing 6 Corporate Disclosure Statement/Certificate of Interested Persons by LLC STORM DAMAGE SOLUTIONS. (MCELLIGOTT, MATTHEW) [Transferred from Florida Northern on 5/17/2022.] |
| Set Deadlines/Hearings re #4 Motion to Change Venue. (Internal deadline for referral to judge if response not filed earlier: 11/29/2021). (alb) Modified on 12/2/2021 to correct hyperlink (alb). [Transferred from Florida Northern on 5/17/2022.] |
| Filing 5 Defendant's ANSWER to Complaint and Affirmative Defenses by MT HAWLEY INSURANCE COMPANY. (MAHFOOD, MARCUS) [Transferred from Florida Northern on 5/17/2022.] |
| Filing 4 MOTION to Change Venue (Defendants MOTION to Transfer Venue and Memorandum in Support) by MT HAWLEY INSURANCE COMPANY. (Attachments: #1 Exhibit A - Policy, #2 Exhibit B - New Hope Policy) (MAHFOOD, MARCUS) [Transferred from Florida Northern on 5/17/2022.] |
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Filing 3
INITIAL SCHEDULING ORDER : Fed.R.Civ.P. 7.1 Corporate Disclosure Statement Deadline set for 11/22/2021. Rule 26 Meeting Report due by 12/22/2021. Discovery due by 5/19/2022. Signed by JUDGE M CASEY RODGERS on 11/8/2021. (alb) Modified on 11/9/2021 to correct Discovery deadline (alb). [Transferred from Florida Northern on 5/17/2022.]
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| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE M CASEY RODGERS notified that action is needed Re: #2 Notice of Removal. (please see proposed ISO.) (alb) [Transferred from Florida Northern on 5/17/2022.] |
| Filing 2 NOTICE OF REMOVAL by MT HAWLEY INSURANCE COMPANY from Escambia, case number 2021-CA-002692. ( Filing fee $ 402 receipt number AFLNDC-6532605.), filed by MT HAWLEY INSURANCE COMPANY. (Attachments: #1 Exhibit A - Index of Matters Being Filed, #2 Exhibit B - State Court Docket, #3 Exhibit C - State Court Complaint, #4 Exhibit D - Notice of Service of Process on Mt. Hawley, #5 Exhibit E - Plaintiff's Invoice for $144,505.00, #6 Exhibit F - List of All Counsel of Record and Contact Information) (MAHFOOD, MARCUS) [Transferred from Florida Northern on 5/17/2022.] |
| Filing 1 CIVIL COVER SHEET. (MAHFOOD, MARCUS) [Transferred from Florida Northern on 5/17/2022.] |
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| Plaintiff: STORM DAMAGE SOLUTIONS LLC doing business as SMART TARP on behalf of FERNANDO INC doing business as VALARTA PLAZA | |
| Represented By: | MATTHEW MCELLIGOTT |
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| Defendant: MT Hawley Insurance Company | |
| Represented By: | Marcus G. Mahfood |
| Represented By: | Andrew Jesse Furman |
| Represented By: | Matthew David Kraus |
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