Travelers Indemnity Insurance Company et al v. United States Fire Insurance Company
| Travelers Indemnity Insurance Company, Triumph Construction Corp. and Travelers Indemnity Company |
| United States Fire Insurance Company |
| 1:2022cv06440 |
| July 29, 2022 |
| US District Court for the Southern District of New York |
| Mary Kay Vyskocil |
| Insurance |
| 28 U.S.C. § 1332 jd Diversity-Declaratory Judgement |
| None |
Docket Report
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This docket was last retrieved on January 25, 2024. A more recent docket listing may be available from PACER.
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Filing 20
AFFIRMATION of Frank M. Falcone in Support re: #18 MOTION to Dismiss .. Document filed by United States Fire Insurance Company. (Attachments: #1 Exhibit Exhibit A - Policy (USF 1 - 64), #2 Exhibit Exhibit A - Policy (USF 65 - 149), #3 Exhibit Exhibit A - Policy (USF 150 - 238), #4 Exhibit Exhibit B - Notice of Claim, #5 Exhibit Exhibit C - Underlying Complaint, #6 Exhibit Exhibit D - Miller v. Columbia Ins. Co., #7 Exhibit Exhibit E - West v. Clean Rite, #8 Affidavit Affirmation of Service).(Falcone, Frank)
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Filing 19
MEMORANDUM OF LAW in Support re: #18 MOTION to Dismiss . . Document filed by United States Fire Insurance Company..(Falcone, Frank)
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Filing 18
MOTION to Dismiss . Document filed by United States Fire Insurance Company. (Attachments: #1 Text of Proposed Order Proposed Order).(Falcone, Frank)
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Filing 17
AMENDED COMPLAINT against United States Fire Insurance Company.Document filed by Travelers Indemnity Company, Triumph Construction Corp...(Ronan, Matthew)
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Filing 16
LETTER addressed to Judge Mary Kay Vyskocil from Matthew C. Ronan, Esq. dated 9/9/22 re: response to Court's 9/2/22 Order. Document filed by Travelers Indemnity Company, Triumph Construction Corp...(Ronan, Matthew)
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Filing 15
ORDER: granting #11 Letter Motion for Leave to File Document. As the parties are aware, this case has been reassigned to me. The Canons of Judicial Ethicsmay require me to disclose that I represented Travelers entities during my pre-judicial career at Simpson Thacher & Bartlett LLP. I have no doubt that I can fairly and impartially preside over this case, and I do not believe my recusal is required. However, if any party wishes to make a motion based on the disclosure above, such motion is due September 9, 2022. Any response isdue September 14, 2022. Defendant's request for leave to file a motion to dismiss [ECF No. 11] is GRANTED. No pre-motion conference is necessary. To the extent that Plaintiffs request leave either to move for a default judgment, or to file a belated opposition to Defendant's pre-motion letter [ECF No. 13 at 2], those requests are denied. Accordingly, IT IS HEREBY ORDERED that, by September 9, 2022, Plaintiffs shall file a letter informing the Court whether they intend to file an amended complaint. If Plaintiffs elect not to amend the complaint, Defendant shall file its contemplated motion to dismiss by September 27, 2022. The Clerk of Court is respectfully requested to terminate the letter motion pending at docket entry 11. And as set forth herein. SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 9/02/2022) (ama)
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Filing 14
LETTER addressed to Judge Mary Kay Vyskocil from Frank Falcone, Esq. dated September 2, 2022 re: Plaintiff Attempt to Have US Fire pre-motion leave request denied should be rejected. Document filed by United States Fire Insurance Company..(Falcone, Frank)
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Set/Reset Deadlines: Motions due by 9/27/2022. Responses due by 9/14/2022 (ama)
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Filing 13
LETTER addressed to Judge Mary Kay Vyskocil from Matthew C. Ronan, Esq. dated 9/1/22 re: request clarification from Court on previous Order. Document filed by Travelers Indemnity Company, Triumph Construction Corp...(Ronan, Matthew)
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NOTICE OF CASE REASSIGNMENT to Judge Mary Kay Vyskocil. Judge Nelson Stephen Roman is no longer assigned to the case. (laq)
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Magistrate Judge Sarah Netburn is so redesignated. (laq)
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Filing 12
MEMO ENDORSEMENT denying without prejudice to renewal by formal motion #8 Motion to Dismiss. ENDORSEMENT: Defendant's Motion to Dismiss is denied without prejudice for failure to follow the Court's Individual Rules of Practice in Civil Cases 3.A.ii., subject to refiling before the newly assigned District Judge. The Clerk of the Court is kindly directed to terminate the motion at ECF No. 8. (Signed by Judge Nelson Stephen Roman on 8/8/2022) (ate)
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Filing 11
LETTER MOTION for Leave to File Motion to Dismiss and/or allow for a pre-motion conference addressed to Judge Nelson Stephen Roman from Frank M. Falcone dated August 8, 2022. Document filed by United States Fire Insurance Company..(Falcone, Frank)
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Filing 10
AFFIRMATION of Frank M. Falcone in Support re: #8 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6).. Document filed by United States Fire Insurance Company. (Attachments: #1 Exhibit Exhibit A - Policy (USF 1 - 64), #2 Exhibit Exhibit A - Policy (USF 65 - 149), #3 Exhibit Exhibit A - Policy (USF 150 - 238), #4 Exhibit Exhibit B - Notice of Claim, #5 Exhibit Exhibit C - Underlying Complaint, #6 Exhibit Exhibit D - Miller v. Columbia Ins. Co., #7 Exhibit Exhibit E - West v. Clean Rite).(Falcone, Frank)
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Filing 9
MEMORANDUM OF LAW in Support re: #8 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6). . Document filed by United States Fire Insurance Company..(Falcone, Frank)
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Filing 8
MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6). Document filed by United States Fire Insurance Company. (Attachments: #1 Text of Proposed Order Proposed Order).(Falcone, Frank)
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Filing 7
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent FFHL Group Ltd., Corporate Parent Crum & Forster Holdings Corp., Corporate Parent Fairfax (US) Inc., Corporate Parent Fairfax Financial Holdings Limited for United States Fire Insurance Company. Document filed by United States Fire Insurance Company..(Falcone, Frank)
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Filing 6
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Travelers Property Casualty Corp., Corporate Parent Travelers Insurance Group Holdings Inc., Corporate Parent The Travelers Companies, Inc. for Travelers Indemnity Company. Document filed by Travelers Indemnity Company..(Ronan, Matthew)
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Filing 5
CIVIL COVER SHEET filed..(Falcone, Frank)
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Filing 4
CIVIL COVER SHEET filed..(Falcone, Frank)
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Filing 3
CIVIL COVER SHEET filed..(Falcone, Frank)
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Filing 2
NOTICE OF APPEARANCE by Matthew C. Ronan on behalf of Travelers Indemnity Company, Triumph Construction Corp...(Ronan, Matthew)
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***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Frank Michael Falcone. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (sj)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Frank Michael Falcone. The party information for the following party/parties has been modified: Travelers Indemnity Insurance Company, Triumph Construction Corp., United States Fire Insurance Company. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party role was entered incorrectly. (sj)
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***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Frank Michael Falcone. The following case opening statistical information was erroneously selected/entered: County code Albany. The following correction(s) have been made to your case entry: the County code has been modified to New York. (sj)
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Magistrate Judge Judith C. McCarthy 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. (sj)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Nelson Stephen Roman. 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..(sj)
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Case Designated ECF. (sj)
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Filing 1
NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 656913/2022. (Filing Fee $ 402.00, Receipt Number BNYSDC-26480335).Document filed by United States Fire Insurance Company. (Attachments: #1 Exhibit DJ Complaint).(Falcone, Frank)
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