Daileader v. Certain Underwriters at Lloyds London Syndicate 1861 et al
| Timothy Daileader |
| Certain Underwriters at Lloyds London Syndicate 1861, Crum & Forster Specialty Insurance Company, Certain Underwriters at Lloyds, Subscribing to Policy Number DOH00746111 and StarStone Specialty Insurance Company |
| 1:2022cv05408 |
| June 27, 2022 |
| US District Court for the Southern District of New York |
| Katherine Polk Failla |
| Paul G Gardephe |
| Insurance |
| 28 U.S.C. § 2201 ij Injunction |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 4, 2024. A more recent docket listing may be available from PACER.
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Filing 44
DECLARATION of David Dunn in Support re: #41 MOTION for Preliminary Injunction .. Document filed by Timothy Daileader. (Attachments: #1 Exhibit A Scheduling Orders, #2 Exhibit B May 6, 2022 Letter, #3 Exhibit C July 8, 2022 Letter).(Mascia, Raymond)
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Filing 43
DECLARATION of Raymond A. Mascia in Support re: #41 MOTION for Preliminary Injunction .. Document filed by Timothy Daileader. (Attachments: #1 Exhibit A- Landmark Primary Policy, #2 Exhibit B - Syndicate 1861 Policy, #3 Exhibit C- Crum & Forster Policy, #4 Exhibit D - LLoyd's Policy, #5 Exhibit E - Starstone Policy, #6 Exhibit F - Consent Judgments, #7 Exhibit G McCollum Plea, #8 Exhibit H - Demand Letter, #9 Exhibit I - Draft Complaint, #10 Exhibit J - June 28, 2021 Letter, #11 Exhibit K - 21-80057 Adversary Complaint, #12 Exhibit L - 21-80058 Adversary Complaint, #13 Exhibit M - 21-80059 Adversary Complaint, #14 Exhibit N - 21-80057 Adversary Amended Complaint, #15 Exhibit O - 21-80058 Adversary Amended Complaint, #16 Exhibit P - 21-80059 Adversary Amended Complaint, #17 Exhibit Q - Order on Motion to Dismiss McGuireWoods, #18 Exhibit R - Order on Motion to Dismiss Huron, #19 Exhibit S - Landmark Coverage Letter, #20 Exhibit T - Declaratory Judgment Action, #21 Exhibit U - June 3, 2022 Letter, #22 Exhibit V - October 27, 2021 Letter, #23 Exhibit W - August 2, 2021 Letter).(Mascia, Raymond)
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Filing 42
FIRST MEMORANDUM OF LAW in Support re: #41 MOTION for Preliminary Injunction . . Document filed by Timothy Daileader..(Mascia, Raymond)
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Filing 41
MOTION for Preliminary Injunction . Document filed by Timothy Daileader..(Mascia, Raymond)
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Filing 40
FILING ERROR - DEFICIENT DOCKET ENTRY - (SEE DOCUMENT#41) MOTION to Disqualify Counsel ., FIRST MOTION for Preliminary Injunction . Document filed by Timothy Daileader..(Mascia, Raymond) Modified on 8/18/2022 (lb).
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Filing 39
LETTER addressed to Judge Paul G. Gardephe from Raymond A. Mascia Jr. dated 8/16/2022 re: Response to the Joint Letter Motion to Consolidate. Document filed by Timothy Daileader..(Mascia, Raymond)
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Filing 38
JOINT LETTER MOTION to Consolidate Cases 1:22-cv-02038 addressed to Judge Paul G. Gardephe from Rafael Rivera, Jr. dated August 11, 2022. Document filed by Certain Underwriters at Lloyds London Syndicate 1861, StarStone Specialty Insurance Company..(Rivera, Rafael)
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Filing 37
ORDER terminating #18 Motion for Preliminary Injunction. Plaintiff will amend his preliminary injunction motion previously filed in the District of South Carolina action (Dkt. No. 18) to address Second Circuit authority, and refile any such motion by August 17, 2022. Defendants' opposition will be due by August 31, 2022. Any reply will be due by September 7, 2022. The Clerk of Court is directed to terminate the motion (Dkt. No. 18). SO ORDERED.. (Signed by Judge Paul G. Gardephe on 8/2/2022) (ks)
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Set/Reset Deadlines: Motions due by 8/17/2022. Responses due by 8/31/2022 Replies due by 9/7/2022. (ks)
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Filing 36
LETTER addressed to Judge Paul G. Gardephe from Raymond A. Mascia Jr. dated 8/01/2022 Document filed by Timothy Daileader. (Attachments: #1 Exhibit 1 Letter Dated 06.27.2022 to Judge Gardephe from Daileader, #2 Exhibit 2 Letter Dated 06.28.2022 to Judge Gardephe from Excess Insurance Companies, #3 Exhibit 3 Letter Dated 06.30.2022 to Judge Gardephe from Daileader).(Mascia, Raymond)
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Filing 35
LETTER addressed to Judge Paul G. Gardephe from Raymond A. Mascia Jr. dated 6/30/2022 Document filed by Timothy Daileader..(Mascia, Raymond)
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Filing 34
NOTICE OF APPEARANCE by Stephanie Alix Nashban on behalf of Certain Underwriters at Lloyds London Syndicate 1861, StarStone Specialty Insurance Company..(Nashban, Stephanie)
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Filing 33
NOTICE OF APPEARANCE by Rafael Rivera, Jr on behalf of Certain Underwriters at Lloyds London Syndicate 1861, StarStone Specialty Insurance Company..(Rivera, Rafael)
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Filing 32
NOTICE OF APPEARANCE by Jonathan Ellis Meer on behalf of Certain Underwriters at Lloyds, Subscribing to Policy Number DOH00746111..(Meer, Jonathan)
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NOTICE OF CASE REASSIGNMENT to Judge Paul G. Gardephe. Judge Katherine Polk Failla is no longer assigned to the case..(aea)
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CASE ACCEPTED AS RELATED. Create association to 1:22-cv-02038-PGG. Notice of Assignment to follow. (aea)
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Magistrate Judge Katharine H. Parker is so redesignated. (aea)
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Filing 31
REPLY MEMORANDUM OF LAW in Support re: #18 MOTION for Preliminary Injunction . Document filed by Timothy Daileader..(Mascia, Raymond)
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Filing 30
NOTICE OF APPEARANCE by William Gorman Passannante on behalf of Timothy Daileader..(Passannante, William)
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Filing 29
NOTICE OF APPEARANCE by Regan Erica Samson on behalf of Timothy Daileader..(Samson, Regan)
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Filing 28
NOTICE OF APPEARANCE by Ethan Wilson Middlebrooks on behalf of Timothy Daileader..(Middlebrooks, Ethan)
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Filing 27
NOTICE OF APPEARANCE by Raymond A. Mascia, Jr on behalf of Timothy Daileader..(Mascia, Raymond)
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Filing 26
CASE TRANSFERRED IN from the United States District Court - District of South Carolina; Case Number: 7:22-cv-00916. Original file certified copy of transfer order and docket entries received.
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Case Designated ECF. (vba)
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Magistrate Judge Valerie Figueredo 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. (vba)
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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. (vba)
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CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Judge Katherine Polk Failla. 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..(vba)
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Filing 24
ORDER denying #17 Motion to Dismiss and granting Motion to Transfer Case. Signed by Honorable Henry M Herlong, Jr on 6/23/22.(arut) [Transferred from South Carolina on 6/27/2022.]
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Filing 23
REPLY to Response to Motion re #17 MOTION to Dismiss MOTION to Stay MOTION to Transfer Case Response filed by Certain Underwriters at Lloyds London Syndicate 1861, Certain Underwriters at Lloyds Subscribing to Policy Number DOH00746111, Crum & Forster Specialty Insurance Company, StarStone Specialty Insurance Company. (Montague, Shelley) [Transferred from South Carolina on 6/27/2022.]
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Filing 22
RESPONSE in Opposition re #18 MOTION for Preliminary Injunction Response filed by Certain Underwriters at Lloyds London Syndicate 1861, Certain Underwriters at Lloyds Subscribing to Policy Number DOH00746111, Crum & Forster Specialty Insurance Company, StarStone Specialty Insurance Company.Reply to Response to Motion due by 6/28/2022 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Montague, Shelley) [Transferred from South Carolina on 6/27/2022.]
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Filing 21
RESPONSE in Opposition re #17 MOTION to Dismiss MOTION to Stay MOTION to Transfer Case Response filed by Timothy Daileader.Reply to Response to Motion due by 6/22/2022 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Exhibit 1 - Preliminary Injunction, #2 Exhibit 2 - Daileader letter to ANV - Syndicate 1861 June 2022, #3 Exhibit 3 - 21-80057 Amended, #4 Exhibit 4 - 21-80058 Amended, #5 Exhibit 5 - 21-80059 Amended, #6 Exhibit 6 - Amended Complaint, #7 Exhibit 7 - Landmark DAIL 000001, #8 Exhibit 8 - Syndicate 1861 DAIL 000077, #9 Exhibit 9 - Crum & Forster DAIL 000101, #10 Exhibit 10 - Lloyd's DAIL 000116, #11 Exhibit 11- Starstone DAIL 000133, #12 Exhibit 12 - Table C-1, #13 Exhibit 13 - 2021 NY Annual Report, #14 Exhibit 14 - 2020 NY Annual Report, #15 Exhibit 15 - Donna Rauch Complaint, #16 Exhibit 16 - Complaint, #17 Exhibit 17 - 2022.06.07 - Dkt. 18-3 - Daileader - Dunn Declaration with Exhibits, #18 Exhibit 18 - 2022.04.29 Letter from T. Hanekamp, #19 Exhibit 19 - 2019.06.06 Letter from P. Krajec)(Barker, Rita) (Attachments 1, 6, 16, and 17 replaced on 6/16/2022 with corrected documents provided by filing user (arut). [Transferred from South Carolina on 6/27/2022.]
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Filing 20
TEXT ORDER denying #19 Motion for expedited briefing on motion for Preliminary Injunction. Entered at the direction of Honorable Henry M Herlong, Jr on 6/8/22. (sfla) [Transferred from South Carolina on 6/27/2022.]
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Filing 19
MOTION for Expedited Briefing on Plaintiff's Motion for Preliminary Injunction re #18 MOTION for Preliminary Injunction by Timothy Daileader. Response to Motion due by 6/21/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Barker, Rita) Modified on 6/8/2022 to edit docket text (arut). [Transferred from South Carolina on 6/27/2022.]
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Filing 18
MOTION for Preliminary Injunction by Timothy Daileader. Response to Motion due by 6/21/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Memo in Support, #2 Declaration of Rita Bolt Barker, #3 Declaration of David Dunn)No proposed order.(Barker, Rita) (Attachment 2 replaced on 6/8/2022 with corrected document provided by filing user) (arut). [Transferred from South Carolina on 6/27/2022.]
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Filing 17
MOTION to Dismiss or in the alternative , MOTION to Transfer Case, MOTION to Stay by Certain Underwriters at Lloyds London Syndicate 1861, Certain Underwriters at Lloyds Subscribing to Policy Number DOH00746111, Crum & Forster Specialty Insurance Company, StarStone Specialty Insurance Company. Response to Motion due by 6/15/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Memo in Support, #2 Exhibit A - Amended Complaint filed in NY Action, #3 Exhibit B - Answer and Counterclaim filed in NY Action) No proposed order.(Montague, Shelley). Modified on 6/2/2022 to include additional motion reliefs and edit docket text (arut). [Transferred from South Carolina on 6/27/2022.]
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Filing 16
TEXT ORDER: The plaintiff in this case has filed an amended complaint as a matter of right under FRCP 15, which provides in relevant part that "[a] party may amend its pleadings once as a matter of course within... 21 days after service of a motion under Rule 12(b)." Fed. R. Civ. P. 15(a)(1)(B). Because a properly filed amended complaint supersedes the original one and becomes the operative complaint in the case, it renders the original complaint "of no effect." Young v. City of Mt. Ranier, 238 F.3d 567, 573 (4th Cir. 2001); see also Fawzy v. Wauquiez Boats SNC, 873 F.3d 451, 455 (4th Cir. 2017). Therefore, the defendants' motions #12 Motion to Dismiss, #12 Motion to Transfer Case, and #12 Motion to Stay are dismissed as moot. Entered at the direction of Honorable Henry M Herlong, Jr on 5/19/22. (sfla) Modified on 5/19/2022 to edit text (arut). [Transferred from South Carolina on 6/27/2022.]
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Filing 15
AMENDED COMPLAINT against All Defendants, filed by Timothy Daileader. Service due by 8/16/2022 (Attachments: #1 Exhibit A - Oaktree Medical Policy, #2 Exhibit B - Excess Policy, #3 Exhibit C - Crum & Forster Policy, #4 Exhibit D - Certain Underwriters Policy, #5 Exhibit E- StarStone Policy, #6 Exhibit F - Demand Letter, #7 Exhibit G - Draft Complaint, #8 Exhibit H - June 28, 2021 Letter, #9 Exhibit I - Complaint - Case No. 21-80057-hb, #10 Exhibit J - Complaint - Case No. 21-80058-hb, #11 Exhibit K - Complaint - Case No. 21-80059-hb, #12 Exhibit L - Amended Complaint - Case No. 21-80057-hb, #13 Exhibit M - Amended Complaint - Case No. 21-80058-hb, #14 Exhibit N - Amended Complaint - Case No. 21-80059-hb, #15 Exhibit O - Supplemental Coverage Position Letter, #16 Exhibit P - 5/6/22 Letter to Cozen O'Conner) (Barker, Rita) [Transferred from South Carolina on 6/27/2022.]
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Filing 12
MOTION to Dismiss or in the alternative, MOTION to Transfer Case, MOTION to Stay by Certain Underwriters at Lloyds London Syndicate 1861, Certain Underwriters at Lloyds Subscribing to Policy Number DOH00746111, Crum & Forster Specialty Insurance Company, StarStone Specialty Insurance Company. Response to Motion due by 5/18/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Memo in Support, #2 Exhibit Amended Complaint filed in New York, Index No 650484/2022, #3 Exhibit Answer and Counterclaim filed in USDC Southern District of New York, 1-22-cv-2038-PGG)No proposed order.(Montague, Shelley) Added MOTION to Transfer Case, MOTION to Stay on 5/5/2022 to add additional relief listed. Modified on 5/5/2022: to add text (to clarify exhibits) (kmca). [Transferred from South Carolina on 6/27/2022.]
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Filing 11
LETTER EXTENDING TIME TO ANSWER All Defendants answer due 5/4/22. (Montague, Shelley) Modified on 4/20/2022: to add text (answer date) (kmca). [Transferred from South Carolina on 6/27/2022.]
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Filing 9
SUMMONS Returned Executed by Timothy Daileader. Certain Underwriters at Lloyds Subscribing to Policy Number DOH00746111 served on 3/23/2022, answer due 4/13/2022. (Attachments: #1 Service Letter - SC Department of Insurance)(Barker, Rita) [Transferred from South Carolina on 6/27/2022.]
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Filing 8
SUMMONS Returned Executed by Timothy Daileader. Certain Underwriters at Lloyds London Syndicate 1861 served on 3/23/2022, answer due 4/13/2022. (Attachments: #1 Service Letter - SC Department of Insurance)(Barker, Rita) [Transferred from South Carolina on 6/27/2022.]
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Filing 7
SUMMONS Returned Executed by Timothy Daileader. StarStone Specialty Insurance Company served on 3/23/2022, answer due 4/13/2022. (Attachments: #1 Service Letter - SC Department of Insurance)(Barker, Rita) [Transferred from South Carolina on 6/27/2022.]
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Filing 6
SUMMONS Returned Executed by Timothy Daileader. Crum & Forster Specialty Insurance Company served on 3/23/2022, answer due 4/13/2022. (Attachments: #1 Service Letter - SC Department of Insurance)(Barker, Rita) [Transferred from South Carolina on 6/27/2022.]
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Filing 4
Summons Issued as to Certain Underwriters at Lloyds London Syndicate 1861, Certain Underwriters at Lloyds Subscribing to Policy Number DOH00746111, Crum & Forster Specialty Insurance Company, StarStone Specialty Insurance Company. (Attachments: #1 Summons Crum & Forster Specialty Insurance Company, #2 Summons Certain Underwriters at Lloyds Subscribing to Policy Number DOH00746111, #3 Summons StarStone Specialty Insurance Company)(kmca) [Transferred from South Carolina on 6/27/2022.]
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Filing 3
Local Rule 26.01 Answers to Interrogatories by Timothy Daileader.(kmca) [Transferred from South Carolina on 6/27/2022.]
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Filing 1
COMPLAINT against Certain Underwriters at Lloyds London Syndicate 1861, Certain Underwriters at Lloyds Subscribing to Policy Number DOH00746111, Crum & Forster Specialty Insurance Company, StarStone Specialty Insurance Company (Filing fee $402 receipt number ASCDC-10399788), filed by Timothy Daileader. Service due by 6/16/2022. (Attachments: #1 Exhibit A - The Primary Policy, #2 Exhibit B - The Excess Policy, #3 Exhibit C - Crum and Forster Excess Policy, #4 Exhibit D - Certain Underwriters Excess Policy, #5 Exhibit E - StarStone Excess Policy)(kmca) [Transferred from South Carolina on 6/27/2022.]
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