Thor Equities, LLC et al v. Hiscox Insurance Company, Inc.
| Thor Equities, LLC, DSFT HOLDINGS LLC, FLATIRON PARTNER LLC, MADISON-THOR MANAGER LLC and DSFT Holdings LLC, |
| Hiscox Insurance Company, Inc. |
| 1:2022cv07790 |
| September 12, 2022 |
| US District Court for the Southern District of New York |
| Jennifer L Rochon |
| Insurance |
| 28 U.S.C. § 1332 bc Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 26, 2022. A more recent docket listing may be available from PACER.
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Filing 25
MEMORANDUM OPINION AND REMAND ORDER Accordingly, it is hereby ORDERED that this action be REMANDED to the Supreme Court of New York, New York County from which it originated. The Clerk of Court is respectfully directed to CLOSE any open motions on the docket and to TERMINATE this case. (And as further set forth herein.) SO ORDERED. (Signed by Judge Jennifer L. Rochon on 10/26/2022) (jca) Transmission to Docket Assistant Clerk for processing.
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CASE REMANDED OUT from the U.S.D.C. Southern District of New York to the State Court - Supreme Court of the State of New York, County of New York. Sent certified copy of docket entries and remand order. Mailed via UPS Tracking Number 1z e22 e53 37 1007 539 3 on 10/26/2022. (jca)
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Filing 24
ORDER: granting #23 Letter Motion for Extension of Time to File Response/Reply re #23 JOINT LETTER MOTION for Extension of Time to File Response/Reply as to #16 MOTION to Dismiss for failure to state a claim, with Certificate of Service. addressed to Judge Jennifer L. Rochon from Alexander M. Sugzda dated October. Request GRANTED. The deadline for Plaintiffs' Opposition is extended to November 4, 2022. The deadline for Defendant's Reply is extended to November 25, 2022. SO ORDERED. Responses due by 11/4/2022 Replies due by 11/25/2022. (Signed by Judge Jennifer L. Rochon on 10/19/2022) (ama)
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Filing 23
JOINT LETTER MOTION for Extension of Time to File Response/Reply as to #16 MOTION to Dismiss for failure to state a claim, with Certificate of Service. addressed to Judge Jennifer L. Rochon from Alexander M. Sugzda dated October 19, 2022. Document filed by DSFT Holdings LLC,, Flatiron Partner LLC, Madison-Thor Manager LLC, Thor Equities, LLC..(Sugzda, Alexander)
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Filing 22
LETTER addressed to Judge Jennifer L. Rochon from Joseph A. Oliva dated October 19, 2022 re: Response to 10/5/22 Order of the Court. Document filed by Hiscox Insurance Company, Inc...(Oliva, Joseph)
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Filing 21
PROPOSED ORDER. Document filed by Hiscox Insurance Company, Inc.. Related Document Number: [Document No. 16 - Notice of Motion to Dismiss for failure to state a claim]..(Oliva, Joseph) Proposed Order to be reviewed by Clerk's Office staff.
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Filing 20
FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED ORDER. Document filed by Hiscox Insurance Company, Inc.. Related Document Number: [Document No. 16 - Notice of Motion to Dismiss for failure to state a claim]..(Oliva, Joseph) Proposed Order to be reviewed by Clerk's Office staff. Modified on 10/7/2022 (km).
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Filing 19
MEMORANDUM OF LAW in Support re: #16 MOTION to Dismiss for failure to state a claim, with Certificate of Service. . Document filed by Hiscox Insurance Company, Inc...(Oliva, Joseph)
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Filing 18
AFFIDAVIT of ASHLEY GRAY in Support re: #16 MOTION to Dismiss for failure to state a claim, with Certificate of Service.. Document filed by Hiscox Insurance Company, Inc.. (Attachments: #1 Exhibit A - Policy, #2 Exhibit B - Correspondence).(Oliva, Joseph)
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Filing 17
DECLARATION of JOSEPH A. OLIVA, ESQ. in Support re: #16 MOTION to Dismiss for failure to state a claim, with Certificate of Service.. Document filed by Hiscox Insurance Company, Inc.. (Attachments: #1 Exhibit 1 - Plaintiff's Complaint, #2 Exhibit 2 - Relevant documents from NY County Supreme Court of NY Case Index No. 150639/2020, #3 Exhibit 3 - Relevant documents from NY County Supreme Court of NY Case Index No. 651597/2020, #4 Exhibit 4 - Settlement Agreement).(Oliva, Joseph)
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Filing 16
MOTION to Dismiss for failure to state a claim, with Certificate of Service. Document filed by Hiscox Insurance Company, Inc...(Oliva, Joseph)
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***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #21 Proposed Order was reviewed and approved as to form. (km)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED ORDER. Notice to attorney Joseph Oliva to RE-FILE Document No. #20 Proposed Order. The filing is deficient for the following reason(s): The signature line at the bottom of the document should say So Ordered and have the Judge's name underneath it. Re-file the document using the event type Proposed Order found under the event list Proposed Orders. (km)
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Filing 15
MEMORANDUM OPINION AND ORDER Accordingly, IT IS HEREBY ORDERED that the parties shall undertake and complete such discovery, which shall be limited to document requests and interrogatories sufficient to show the citizenship of all members of each Plaintiff LLC, and Defendant shall file an amended Notice of Removal, by October 19, 2022. In order to provide a rapid determination of jurisdiction, the Court is unlikely to grant an extension of this deadline. (And as further set forth herein.) SO ORDERED. (Signed by Judge Jennifer L. Rochon on 10/5/2022) (jca)
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Filing 14
LETTER addressed to Judge Jennifer L. Rochon from Joseph A. Oliva dated September 26, 2022 re: Hiscox Response to 9/15/22 Order of Court. Document filed by Hiscox Insurance Company, Inc...(Oliva, Joseph)
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Filing 13
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by DSFT Holdings LLC,, Flatiron Partner LLC, Madison-Thor Manager LLC, Thor Equities, LLC..(Sugzda, Alexander)
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Filing 12
NOTICE OF APPEARANCE by David James Matulewicz-Crowley on behalf of DSFT Holdings LLC,, Flatiron Partner LLC, Madison-Thor Manager LLC, Thor Equities, LLC..(Matulewicz-Crowley, David)
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Filing 11
NOTICE OF APPEARANCE by Kenneth Harold Frenchman on behalf of DSFT Holdings LLC,, Flatiron Partner LLC, Madison-Thor Manager LLC, Thor Equities, LLC..(Frenchman, Kenneth)
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Filing 10
NOTICE OF APPEARANCE by Alexander Michael Sugzda on behalf of DSFT Holdings LLC,, Flatiron Partner LLC, Madison-Thor Manager LLC, Thor Equities, LLC..(Sugzda, Alexander)
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Filing 9
NOTICE OF APPEARANCE by Robin L. Cohen on behalf of DSFT Holdings LLC,, Flatiron Partner LLC, Madison-Thor Manager LLC, Thor Equities, LLC..(Cohen, Robin)
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Filing 8
ORDER granting #7 Letter Motion for Extension of Time to Answer re #7 FIRST LETTER MOTION for Extension of Time to File Answer Plaintiff's Complaint Pursuant to FRCP 12(b)(6) addressed to Judge Jennifer L. Rochon from Marci Goldstein Kokalas, Esq. dated September 16, 2022., #1 Notice of Removal,. The deadline for Defendant to answer or respond to Plaintiffs' Complaint is extended from September 19, 2022 to October 7, 2022. SO ORDERED. Hiscox Insurance Company, Inc. answer due 10/7/2022. (Signed by Judge Jennifer L. Rochon on 9/19/2022) (tg)
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Filing 7
FIRST LETTER MOTION for Extension of Time to File Answer Plaintiff's Complaint Pursuant to FRCP 12(b)(6) addressed to Judge Jennifer L. Rochon from Marci Goldstein Kokalas, Esq. dated September 16, 2022. Document filed by Hiscox Insurance Company, Inc...(Kokalas, Marci)
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Filing 6
CERTIFICATE OF SERVICE of Order served on Alex Sugzda, Esq. on September 16, 2022. Service was made by Mail and email. Document filed by Hiscox Insurance Company, Inc...(Kokalas, Marci)
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Filing 5
ORDER Accordingly, it is hereby ORDERED that, on or before September 26, 2022, Defendant shall amend its Notice of Removal to allege the citizenship of each constituent person or entity comprising each Plaintiff LLC (including the state of incorporation and principal place of business of any corporate entity member). If, by that date, the Defendant is unable to amend the Notice of Removal to allege a good-faith basis for complete diversity of citizenship, the action will be remanded to the Supreme Court of New York, New York County, without further notice to the parties. Finally, Defendant is directed to, within two business days of this Order, serve on Plaintiffs a copy of this Order and file proof of such service on the docket. Counsel for Plaintiffs are directed to file a notice of appearance on the docket within two business days of such service. SO ORDERED. (Signed by Judge Jennifer L. Rochon on 9/15/2022) (jca)
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Filing 4
NOTICE OF APPEARANCE by Marci Goldstein Kokalas on behalf of Hiscox Insurance Company, Inc...(Kokalas, Marci)
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Filing 3
CERTIFICATE OF SERVICE of Notice of Removal efiled in NYSCEF after USDC SDNY filing served on Thor Equities, LLC, DSFT Holdings LLC, Flatiron Partner LLC, Madison-Thor Manager LLC and NYSCEF-NY County Supreme Court on September 12, 2022. Document filed by Hiscox Insurance Company, Inc...(Oliva, Joseph)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Joseph Anthony Oliva. The party information for the following party/parties has been modified: all plaintiffs. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps. (gp)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jennifer L. Rochon. 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..(gp)
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Case Designated ECF. (gp)
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Magistrate Judge Stewart D. Aaron 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. (gp)
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Filing 2
CIVIL COVER SHEET filed..(Oliva, Joseph)
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Filing 1
NOTICE OF REMOVAL from SUPREME COURT, County of NEW YORK. Case Number: 652828/2022. (Filing Fee $ 402.00, Receipt Number ANYSDC-26666839).Document filed by Hiscox Insurance Company, Inc.. (Attachments: #1 Exhibit A - Summons and Complaint, #2 Exhibit B - Affidavit of Service of Initiating Papers).(Oliva, Joseph)
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