OHIO SECURITY INSURANCE COMPANY v. PREMIUM FOOD GROUP, INC. et al
| Ohio Security Insurance Company |
| PREMIUM FOOD GROUP, INC. and NUT CRAVINGS, INC. |
| 1:2022cv05677 |
| July 5, 2022 |
| US District Court for the Southern District of New York |
| Mary Kay Vyskocil |
| Insurance |
| 28 U.S.C. § 2201 dj Declaratory Judgment |
| None |
Docket Report
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This docket was last retrieved on July 5, 2022. A more recent docket listing may be available from PACER.
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| Filing 23 NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) NUT CRAVINGS, INC., PREMIUM FOOD GROUP, INC.. Document filed by Ohio Security Insurance Company. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Sullivan, John) |
| Filing 22 CASE TRANSFERRED IN from the United States District Court - District of New Jersey; Case Number: 3:21-cv-15690. Original file certified copy of transfer order and docket entries received. |
| CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Judge Mary Kay Vyskocil. 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) |
| 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) |
| 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) |
| Case Designated ECF. (vba) |
Filing 21
ORDER granting #12 Motion to Dismiss; Case is transferred to the United States District Court for the Southern District of New York. Signed by Chief Judge Freda L. Wolfson on 6/30/2022. (jal, ) [Transferred from New Jersey on 7/5/2022.]
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| Filing 20 OPINION filed. Signed by Chief Judge Freda L. Wolfson on 6/30/2022. (jal, ) [Transferred from New Jersey on 7/5/2022.] |
| Filing 19 Letter from Mark Berkowitz to Judge Wolfson re Supplemental Authority on Motion to Dismiss (CORRECTED) re #12 MOTION to Dismiss Complaint. (Attachments: #1 Exhibit A, #2 Exhibit B)(BERKOWITZ, MARK) [Transferred from New Jersey on 7/5/2022.] |
| Filing 18 Letter from Mark Berkowitz to Judge Wolfson regarding Supplemental Authority on Motion to Dismiss re #12 MOTION to Dismiss Complaint. (BERKOWITZ, MARK) [Transferred from New Jersey on 7/5/2022.] |
| Filing 17 BRIEF in Opposition filed by OHIO SECURITY INSURANCE COMPANY re #12 MOTION to Dismiss Complaint (Sur-Reply Brief) (BARCA, RICHARD) [Transferred from New Jersey on 7/5/2022.] |
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Filing 16
ORDER granting #15 Motion for Leave to File Sur-Reply in Opposition to Defendants Motion to Dismiss the Complaint. Signed by Chief Judge Freda L. Wolfson on 12/2/2021. (mg) [Transferred from New Jersey on 7/5/2022.]
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| Filing 15 MOTION for Leave to File Sur-Reply Brief in Further Opposition to Motion to Dismiss Complaint by OHIO SECURITY INSURANCE COMPANY. (Attachments: #1 Text of Proposed Order, #2 Brief, #3 Certificate of Service, #4 Exhibit)(BARCA, RICHARD) [Transferred from New Jersey on 7/5/2022.] |
| Set Deadlines as to #15 MOTION for Leave to File Sur-Reply Brief in Further Opposition to Motion to Dismiss Complaint. Motion set for 1/3/2022 before Magistrate Judge Lois H. Goodman. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (mg) [Transferred from New Jersey on 7/5/2022.] |
| Filing 14 REPLY BRIEF to Opposition to Motion filed by NUT CRAVINGS, INC., PREMIUM FOOD GROUP, INC. re #12 MOTION to Dismiss Complaint (Attachments: #1 Declaration of Mark Berkowitz, #2 Exhibit 1 - Answer to Complaint in Lancia v. Amazon.com)(BERKOWITZ, MARK) [Transferred from New Jersey on 7/5/2022.] |
| Filing 13 BRIEF in Opposition filed by OHIO SECURITY INSURANCE COMPANY re #12 MOTION to Dismiss Complaint (Attachments: #1 Text of Proposed Order, #2 Declaration, #3 Exhibit, #4 Exhibit, #5 Certificate of Service)(BARCA, RICHARD) [Transferred from New Jersey on 7/5/2022.] |
| Set Deadlines as to #12 MOTION to Dismiss Complaint. Motion set for 12/6/2021 before Chief Judge Freda L. Wolfson. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (mg`) [Transferred from New Jersey on 7/5/2022.] |
| Filing 12 MOTION to Dismiss Complaint by NUT CRAVINGS, INC., PREMIUM FOOD GROUP, INC.. (Attachments: #1 Brief in Support of Defendants' Motion to Dismiss Complaint, #2 Declaration of Asher Guttman, #3 Exhibit A to Guttman Declaration, #4 Text of Proposed Order)(BERKOWITZ, MARK) [Transferred from New Jersey on 7/5/2022.] |
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Filing 11
ORDER granting Defendant's Motion for Extension of Time to Answer the Complaint; Answer due 11/1/2021. Signed by Magistrate Judge Lois H. Goodman on 10/4/2021. (mg) [Transferred from New Jersey on 7/5/2022.]
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| Filing 10 Application and Proposed Order for Clerk's Order to extend time to answer as to Premium Food Group, Inc. and Nut Cravings, Inc... (BERKOWITZ, MARK) [Transferred from New Jersey on 7/5/2022.] |
| Filing 9 Corporate Disclosure Statement by NUT CRAVINGS, INC.. (BERKOWITZ, MARK) [Transferred from New Jersey on 7/5/2022.] |
| Filing 8 Corporate Disclosure Statement by PREMIUM FOOD GROUP, INC.. (BERKOWITZ, MARK) [Transferred from New Jersey on 7/5/2022.] |
| Filing 7 NOTICE of Appearance by MARK BERKOWITZ on behalf of NUT CRAVINGS, INC., PREMIUM FOOD GROUP, INC. (BERKOWITZ, MARK) [Transferred from New Jersey on 7/5/2022.] |
| CLERK'S TEXT ORDER - The Application for Clerk's Order Extending Time to Answer document #10 submitted by PREMIUM FOOD GROUP, INC. on 9/17/2021 has been GRANTED. The answer due date has been set for 10/1/2021. (mg) [Transferred from New Jersey on 7/5/2022.] |
| Filing 6 SUMMONS Returned Executed by OHIO SECURITY INSURANCE COMPANY. PREMIUM FOOD GROUP, INC. served on 8/27/2021, answer due 9/17/2021. (KERNS, KATHLEEN) [Transferred from New Jersey on 7/5/2022.] |
| Filing 5 NOTICE of Appearance by RICHARD JUSTIN BARCA on behalf of OHIO SECURITY INSURANCE COMPANY (BARCA, RICHARD) [Transferred from New Jersey on 7/5/2022.] |
| Filing 4 NOTICE of Appearance by JOHN C. SULLIVAN on behalf of OHIO SECURITY INSURANCE COMPANY (SULLIVAN, JOHN) [Transferred from New Jersey on 7/5/2022.] |
| Filing 3 Corporate Disclosure Statement by OHIO SECURITY INSURANCE COMPANY identifying Liberty Mutual Holding Company Inc., LMHC Massachusetts Holdings Inc., LIberty Mutual Group Inc., Liberty Mutual Insurance Company, Liberty Mutual Fire Insurance Company, Employers Insurance Company of Wausau, Peerless Insurance Company, Ohio Casualty Corporation, The Ohio Casualty Insurance Company as Corporate Parent.. (KERNS, KATHLEEN) [Transferred from New Jersey on 7/5/2022.] |
| Filing 2 SUMMONS ISSUED as to NUT CRAVINGS, INC., PREMIUM FOOD GROUP, INC.. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. (jal, ) [Transferred from New Jersey on 7/5/2022.] |
| Filing 1 COMPLAINT against NUT CRAVINGS, INC., PREMIUM FOOD GROUP, INC. ( Filing and Admin fee $ 402 receipt number ANJDC-12731377), filed by OHIO SECURITY INSURANCE COMPANY. (Attachments: #1 Civil Cover Sheet, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit)(KERNS, KATHLEEN) [Transferred from New Jersey on 7/5/2022.] |
| Chief Judge Freda L. Wolfson and Magistrate Judge Lois H. Goodman added. (jal, ) [Transferred from New Jersey on 7/5/2022.] |
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