Schinitsky v. Pacific Indemnity Company
| Pacific Indemnity Company |
| Susan Schinitsky |
| 1:2022cv07509 |
| September 1, 2022 |
| US District Court for the Southern District of New York |
| J Paul Oetken |
| Insurance |
| 28 U.S.C. ยง 1332 bc Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 25, 2023. A more recent docket listing may be available from PACER.
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Filing 11
MEMORANDUM OF LAW in Support re: #10 MOTION to Dismiss . . Document filed by Pacific Indemnity Company. (Attachments: #1 Exhibit Certified Copy of Policy, #2 Exhibit September 8, 2020 Letter, #3 Exhibit December 2, 2020 Letter).(Ferland, Paul)
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Filing 10
MOTION to Dismiss . Document filed by Pacific Indemnity Company. (Attachments: #1 Text of Proposed Order Proposed Order).(Ferland, Paul)
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Filing 9
AMENDED COMPLAINT against Pacific Indemnity Company with JURY DEMAND.Document filed by Susan Schinitsky..(Bailey, Edward)
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Filing 8
STIPULATION: IT IS HEREBY STIPULATED by and among the parties, by and through their respective undersigned counsel, as follows: WHEREAS Susan Schinitsky issued a Summons and Complaint in the Supreme Court of the State of New York, County of New York, Index No. 657037/22, Susan Schinitsky v. Pacific Indemnity Company, Chubb Limited, and Chubb Group of Insurance Companies on June 29, 2022 and said action was removed to this federal court on September 1, 2022 ("Action"); WHEREAS counsel for Pacific Indemnity Company represented to plaintiffs counsel that Pacific Indemnity Company issued the Chubb Masterpiece Policy No. 11561665-02 to Susan Schinitsky ("Policy") and is the proper party in connection with the Action; WHEREAS counsel for Pacific Indemnity Company further represented that neither Chubb Limited nor Chubb Group of Insurance Companies issued the Policy and, therefore, that Chubb Limited and Chubb Group of Insurance Companies are improperly named defendants in the lawsuit; NOW, THEREFORE, in consideration of the representations contained herein, the parties agree to the following: 1. Counsel for Susan Schinitsky will file an Amended Complaint in the Action by September 23, 2022, only against Pacific Indemnity Company as defendant and will not name either Chubb Limited or Chubb Group of Insurance Companies as defendants; 2. Counsel for Pacific will accept service of the Amended Complaint on behalf of Pacific. In addition, Pacific will not raise personal jurisdiction defenses in response to the Amended Complaint; 3.The filing of the Amended Complaint in the Action is without prejudice; and 4. If it is later determined that either Chubb Limited or Chubb Group of Insurance Companies is the appropriate party, neither will raise a statute of limitations defense against Susan Shinitsky arising out of the allegations in the Action. 5. Defendant Pacific has until October 28, 2022, to answer or otherwise plead response to the Amended Complaint. 6. The terms of this Stipulation shall be binding upon the parties below. SO ORDERED. ( Amended Pleadings due by 9/23/2022.) (Signed by Judge J. Paul Oetken on 9/12/2022) (ate) Modified on 9/12/2022 (ate).
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Filing 7
NOTICE OF APPEARANCE by Edward George Bailey on behalf of Susan Schinitsky..(Bailey, Edward)
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Filing 6
PROPOSED STIPULATION AND ORDER. Document filed by Pacific Indemnity Company..(Ferland, Paul)
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Filing 5
ORDER: This case was removed from New York Supreme Court, New York County, on September 1, 2022. Counsel for the plaintiff is directed to file an appearance with this Court no later than September 26, 2022. Counsel for the defendant shall serve a copy of this order on counsel for the plaintiff by September 14, 2022. SO ORDERED. (Signed by Judge J. Paul Oetken on 9/06/2022) (ama)
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Filing 4
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Chubb Limited, Corporate Parent Chubb INA Holdings Inc., Corporate Parent Chubb Group Holdings Inc., Corporate Parent Chubb INA Holdings, Inc. for Pacific Indemnity Company. Document filed by Pacific Indemnity Company..(Ferland, Paul)
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Magistrate Judge James L. Cott 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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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Paul Christopher Ferland. The party information for the following party/parties has been modified: Susan Schinitsky. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly. (sj)
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Case Designated ECF. (sj)
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***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Paul Christopher Ferland. The following case opening statistical information was erroneously selected/entered: Jurisdiction code 3 (Federal Question); Origin code 1 (Original Proceeding); Citizenship Plaintiff (none); Citizenship Defendant (none); County code New York. The following correction(s) have been made to your case entry: the Jurisdiction code has been modified to 4 (Diversity); the Origin code has been modified to 2 (Removal from State Court); the Citizenship Plaintiff code has been modified to 1 (Citizen of This State); the Citizenship Defendant code has been modified to 5 (Incorporated/Principal Place of Business-Other State); the County code has been modified to XX Out of State. (sj)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge J. Paul Oetken. 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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Filing 3
CIVIL COVER SHEET filed..(Ferland, Paul)
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Filing 2
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Chubb Limited, Other Affiliate Chubb INA Holdings, Inc. for Pacific Indemnity Company. Document filed by Pacific Indemnity Company..(Ferland, Paul)
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Filing 1
NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 657037/2022. (Filing Fee $ 402.00, Receipt Number ANYSDC-26627644).Document filed by Pacific Indemnity Company. (Attachments: #1 Exhibit Exhibit A - Summons and Complaint, #2 Exhibit Exhibit B - Pacific's Proof of Service, #3 Exhibit Exhibit C - Notice of Removal from State Court).(Ferland, Paul)
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| Defendant: Pacific Indemnity Company | |
| Represented By: | Paul Christopher Ferland |
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| Claimant: Susan Schinitsky | |
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