Consolidated Edison Company of New York, Inc. v. Liberty Mutual Insurance Company
Plaintiff: Consolidated Edison Company of New York, Inc.
Defendant: Liberty Mutual Insurance Company and Liberty Mutual Fire Insurance Company
3Rd Party Defendant: NGM Insurance Company and P. Pohorence & Son Landscaping Inc.
Case Number: 1:2022cv05504
Filed: June 28, 2022
Court: US District Court for the Southern District of New York
Presiding Judge: Katherine Polk Failla
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. § 1332 jd Diversity-Declaratory Judgement
Jury Demanded By: None
Docket Report

This docket was last retrieved on August 18, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 18, 2022 Opinion or Order Filing 18 ORDER granting #17 Letter Motion to Adjourn Conference. Application GRANTED. The initial pretrial conference scheduled to take place on August 26, 2022, is hereby ADJOURNED sine die to give the third-party Defendants time to appear. The Court will re-schedule the initial pre-trial conference once the third-party Defendants appear. SO ORDERED.. (Signed by Judge Katherine Polk Failla on 8/18/2022) (ks)
August 18, 2022 Filing 17 LETTER MOTION to Adjourn Conference Pre-Trial Conference addressed to Judge Katherine Polk Failla from Karl Zamurs, Esq. dated 8/18/22. Document filed by Consolidated Edison Company of New York, Inc...(Zamurs, Karl)
August 11, 2022 Filing 16 REQUEST FOR ISSUANCE OF SUMMONS as to P. Poohorence & Son Landscaping Inc., re: #14 Third Party Complaint,. Document filed by Liberty Mutual Fire Insurance Company..(Potashner, Marshall)
August 11, 2022 Filing 15 REQUEST FOR ISSUANCE OF SUMMONS as to NGM Insurance Company, re: #14 Third Party Complaint,. Document filed by Liberty Mutual Fire Insurance Company..(Potashner, Marshall)
August 11, 2022 Filing 14 THIRD PARTY COMPLAINT against NGM Insurance Company, P. Pohorence & Son Landscaping Inc..Document filed by Liberty Mutual Fire Insurance Company. (Attachments: #1 Exhibit A - Summons and Complaint, #2 Exhibit B - Amended Complaint, #3 Exhibit C - Second Amended Complaint, #4 Exhibit D - Answer).(Potashner, Marshall)
August 10, 2022 Filing 13 ANSWER to #12 Amended Complaint. Document filed by Liberty Mutual Fire Insurance Company..(Potashner, Marshall)
July 27, 2022 Filing 12 AMENDED COMPLAINT amending #10 Amended Complaint, against Liberty Mutual Fire Insurance Company.Document filed by Consolidated Edison Company of New York, Inc.. Related document: #10 Amended Complaint,..(Zamurs, Karl)
July 26, 2022 Opinion or Order Filing 11 NOTICE OF INITIAL PRETRIAL CONFERENCE: This case has been assigned to me for all purposes. It is hereby ORDERED that counsel for all parties appear for an initial pretrial conference with the Court on August 26, 2022, at 3:00 p.m. The conference will be held telephonically. At the scheduled date and time, the parties are to call (888) 363-4749 and enter access code 5123533. IT IS FURTHER ORDERED that included with the Proposed Civil Case Management Plan and Scheduling Order, the parties jointly submit a letter, not to exceed five pages, providing the following information in separate paragraphs as further set forth in this Order. SO ORDERED. ( Initial Conference set for 8/26/2022 at 03:00 PM before Judge Katherine Polk Failla.) (Signed by Judge Katherine Polk Failla on 7/26/22) (yv)
July 26, 2022 ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Karl Egils Zamurs to RE-FILE re: Document No. #10 Amended 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 party/parties whom the pleading is against were selected. 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 Amended 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)
July 25, 2022 Filing 10 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR FIRST AMENDED COMPLAINT against Consolidated Edison Company of New York, Inc..Document filed by Consolidated Edison Company of New York, Inc...(Zamurs, Karl) Modified on 7/26/2022 (sj).
July 21, 2022 Opinion or Order Filing 9 ORDER granting #8 Letter Motion for Extension of Time to Answer re #8 SECOND LETTER MOTION for Extension of Time to File Answer on Consent addressed to Judge Katherine Polk Failla from Marshall T. Potashner dated July 21, 2022., #1 Notice of Removal. Application GRANTED. Defendant shall file an answer to the amended complaint by August 11, 2022. The Clerk of Court is directed to terminate the pending motion at docket entry 8. Liberty Mutual Insurance Company answer due 8/11/2022 (Signed by Judge Katherine Polk Failla on 7/21/2022) (rro)
July 21, 2022 Filing 8 SECOND LETTER MOTION for Extension of Time to File Answer on Consent addressed to Judge Katherine Polk Failla from Marshall T. Potashner dated July 21, 2022. Document filed by Liberty Mutual Insurance Company..(Potashner, Marshall)
July 6, 2022 Filing 7 NOTICE OF APPEARANCE by Karl Egils Zamurs on behalf of Consolidated Edison Company of New York, Inc...(Zamurs, Karl)
July 1, 2022 Opinion or Order Filing 6 ORDER granting #5 Letter Motion for Extension of Time to Answer re #5 LETTER MOTION for Extension of Time to File Answer to Amended Complaint addressed to Judge Katherine Polk Failla from Mackenzie Warner dated June 29, 2022., #1 Notice of Removal,. Application GRANTED. The Clerk of Court is directed to terminate the pending motion at docket entry 5. SO ORDERED. (Liberty Mutual Insurance Company answer due 7/22/2022.) (Signed by Judge Katherine Polk Failla on 7/1/22) (yv)
June 29, 2022 Filing 5 LETTER MOTION for Extension of Time to File Answer to Amended Complaint addressed to Judge Katherine Polk Failla from Mackenzie Warner dated June 29, 2022. Document filed by Liberty Mutual Insurance Company..(Warner, Mackenzie)
June 29, 2022 Filing 4 NOTICE OF APPEARANCE by Mackenzie Elizabeth Warner on behalf of Liberty Mutual Insurance Company..(Warner, Mackenzie)
June 29, 2022 ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Marshall Todd Potashner. The following case opening statistical information was erroneously selected/entered: Cause of Action code 28:1332jd Diversity-Declaratory Judgement; County code Albany. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 28:1332jd Diversity-Declaratory Judgement; the County code has been modified to New York. (vf)
June 29, 2022 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action 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..(vf)
June 29, 2022 Case Designated ECF. (vf)
June 29, 2022 Magistrate Judge Jennifer Willis 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. (vf)
June 28, 2022 Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Liberty Mutual Group Inc., Corporate Parent LMHC Massachusetts Holdings Inc., Corporate Parent Liberty Mutual Holding Company Inc. for Liberty Mutual Insurance Company. Document filed by Liberty Mutual Insurance Company..(Potashner, Marshall)
June 28, 2022 Filing 2 CIVIL COVER SHEET filed..(Potashner, Marshall)
June 28, 2022 Filing 1 NOTICE OF REMOVAL from Supreme Court of the State of New York, County of New York. Case Number: 651455/2022. (Filing Fee $ 402.00, Receipt Number ANYSDC-26342501).Document filed by Liberty Mutual Insurance Company. (Attachments: #1 Exhibit A - Summons and Complaint, #2 Exhibit B - Supplemental Summons, #3 Exhibit C - Amended Complaint, #4 Exhibit D - Notice of Voluntary Dismissal).(Potashner, Marshall)

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Plaintiff: Consolidated Edison Company of New York, Inc.
Represented By: Karl Egils Zamurs
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Defendant: Liberty Mutual Insurance Company
Represented By: Mackenzie Elizabeth Warner
Represented By: Marshall Todd Potashner
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Defendant: Liberty Mutual Fire Insurance Company
Represented By: Marshall Todd Potashner
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3rd party defendant: NGM Insurance Company
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3rd party defendant: P. Pohorence & Son Landscaping Inc.
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