Smith v. Mt. Hawley Insurance Company
| Stratton H. Smith |
| MT Hawley Insurance Company |
| 1:2022cv09865 |
| November 18, 2022 |
| US District Court for the Southern District of New York |
| Valerie E Caproni |
| Insurance |
| 28 U.S.C. § 1332 nr Diversity: Notice of Removal |
| Plaintiff |
Docket Report
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Filing 39
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. 28 U.S.C. 636(c). Any motion to amend or to join additional parties shall be filed within 30 days from the date of this Order. Counsel for the parties believe the following alternative dispute resolution mechanisms may be helpful in resolving this case: Referral to the District's Mediation Program after the close of fact discovery. This case is to be tried to a jury. SO ORDERED. Expert Deposition due by 8/1/2023. Fact Discovery due by 7/16/2023. Expert Discovery due by 8/1/2023. Pretrial Conference set for 7/21/2023 at 10:00 AM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni. (Signed by Judge Valerie E. Caproni on 12/14/2022) (tg)
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| Filing 38 PROPOSED CASE MANAGEMENT PLAN. Document filed by MT Hawley Insurance Company..(Kraus, Matthew) |
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Filing 37
MEMO ENDORSEMENT on re: #36 Letter filed by MT Hawley Insurance Company. ENDORSEMENT: The Initial Pre-Trial conference scheduled for Friday, December 16, 2022 at 10:00 A.M. is hereby adjourned sine die. Not later than Wednesday, December 14, 2022, the parties must submit a renewed proposed case management plan that includes (1) more detail regarding what is meant by the "representation of Plaintiff" in paragraph 8; (2) the deadlines both parties agree to and propose in light of Plaintiff's counsel's upcoming trial; and (3) the names and signatures of counsel on the last full page. SO ORDERED. (Signed by Judge Valerie E. Caproni on 12/12/2022) (tg)
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| Filing 36 LETTER addressed to Judge Valerie E. Caproni from Matthew Kraus dated 12/9/2022 re: Joint Letter. Document filed by MT Hawley Insurance Company. (Attachments: #1 Exhibit Proposed CMP).(Furman, Andrew) |
| Filing 35 NOTICE OF APPEARANCE by Javier Delgado on behalf of Stratton H. Smith..(Delgado, Javier) |
| Filing 34 NOTICE OF APPEARANCE by Matthew David Kraus on behalf of MT Hawley Insurance Company..(Kraus, Matthew) |
| Filing 33 NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 12/16/2022 at 10:00 AM in Courtroom 443, Thurgood Marshall U.S. Courthouse, 40 Foley Square, New York, NY 10007 before Judge Valerie E. Caproni. (Signed by Judge Valerie E. Caproni on 11/21/2022) (vfr) |
| Filing 32 CASE TRANSFERRED IN from the United States District Court - District of Florida Middle; Case Number: 8:22-cv-01386. Original file certified copy of transfer order and docket entries received. |
| CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Judge Valerie E. Caproni. 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 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. (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) |
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Filing 31
ORDERED: Defendant Mt. Hawley Insurance Company's Motion to Transfer Venue #11 is GRANTED. This action is transferred to the Southern District of New York. The Clerk is directed to immediately transfer this action to the Southern District of New York, and close this file. Signed by Judge Charlene Edwards Honeywell on 11/10/2022. (MMS) [Transferred from Florida Middle on 11/18/2022.]
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| Filing 30 NOTICE of supplemental authority by Stratton H. Smith. (Congero, Nicholas) [Transferred from Florida Middle on 11/18/2022.] |
| Filing 29 REPLY to Response to Motion re #11 MOTION to Change Venue / Transfer Case filed by Mt. Hawley Insurance Company. (Attachments: #1 Exhibit A - Declaration, #2 Exhibit B - Recovery Performance Order)(Mahfood, Marcus) Modified text on 10/11/2022 (MCB). [Transferred from Florida Middle on 11/18/2022.] |
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Filing 28
ENDORSED ORDER granting #27 Defendant's Unopposed Motion for Extension of Time to File Reply. Upon a showing of good cause, Defendant's deadline to file a reply in support of its motion to transfer venue is extended to and including October 11, 2022. Signed by Judge Charlene Edwards Honeywell on 9/30/2022. (MMS) [Transferred from Florida Middle on 11/18/2022.]
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| Filing 27 Unopposed MOTION for Extension of Time to File Response/Reply as to #11 MOTION to Change Venue / Transfer Case , #24 Response in Opposition to Motion by Mt. Hawley Insurance Company. (Mahfood, Marcus) Motions referred to Magistrate Judge Thomas G. Wilson. Modified text on 9/30/2022 (MCB). [Transferred from Florida Middle on 11/18/2022.] |
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Filing 26
ENDORSED ORDER granting in part #25 Defendant's Motion for Leave to File Document. Defendant Mt. Hawley Insurance Company may file a reply brief in support of its #11 Motion to Transfer Venue. The reply brief is not to exceed SEVEN (7) PAGES and must be filed on or before September 30, 2022. Signed by Judge Charlene Edwards Honeywell on 9/19/2022. (MMS) [Transferred from Florida Middle on 11/18/2022.]
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| Filing 25 MOTION for Leave to File Other Document :for Leave to File Reply Brief in Support of Motion to Transfer by Mt. Hawley Insurance Company. (Mahfood, Marcus) [Transferred from Florida Middle on 11/18/2022.] |
| Filing 24 RESPONSE in Opposition re #11 MOTION to Change Venue / Transfer Case filed by Stratton H. Smith. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9)(Congero, Nicholas) [Transferred from Florida Middle on 11/18/2022.] |
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Filing 23
ENDORSED ORDER granting #22 Plaintiff's Third Unopposed Motion for Extension of Time to File Response. Plaintiff's response in opposition to Defendant's Motion to Change Venue #11 is due on or before September 9, 2022. Signed by Judge Charlene Edwards Honeywell on 9/6/2022. (MMS) [Transferred from Florida Middle on 11/18/2022.]
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| Filing 22 Third MOTION for Extension of Time to File Response/Reply to Defendant's Motion to Transfer Venue by Stratton H. Smith. (Boggs, Amy) Motions referred to Magistrate Judge Thomas G. Wilson. [Transferred from Florida Middle on 11/18/2022.] |
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Filing 21
ENDORSED ORDER granting #20 Plaintiff's Second Unopposed Motion for Extension of Time to File Response. Plaintiff's response in opposition to Defendant's Motion to Change Venue #11 is due on or before September 6, 2022. Signed by Judge Charlene Edwards Honeywell on 8/24/2022. (MMS) [Transferred from Florida Middle on 11/18/2022.]
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| Filing 20 Second MOTION for Extension of Time to File Plaintiff's Response to Defendant's Motion to Transfer Venue by Stratton H. Smith. (Congero, Nicholas) Motions referred to Magistrate Judge Thomas G. Wilson. [Transferred from Florida Middle on 11/18/2022.] |
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Filing 19
ENDORSED ORDER granting #18 Joint Motion for Extension of Deadline to Select Mediator. Upon a finding of good cause, the parties' deadline to select a mediator is extended to November 18, 2022. Signed by Judge Charlene Edwards Honeywell on 8/18/2022. (MMS) [Transferred from Florida Middle on 11/18/2022.]
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| Filing 18 First MOTION for Extension of Time to File Notice of Selection of Mediator by Stratton H. Smith. (Congero, Nicholas) Motions referred to Magistrate Judge Thomas G. Wilson. [Transferred from Florida Middle on 11/18/2022.] |
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Filing 17
ENDORSED ORDER granting #16 Motion for Extension of Time to File Response / Reply. Plaintiff's response in opposition to Defendant's Motion to Change Venue #11 is due on or before August 22, 2022. Signed by Judge Charlene Edwards Honeywell on 8/8/2022. (MMS) [Transferred from Florida Middle on 11/18/2022.]
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| Filing 16 MOTION for Extension of Time to File Response/Reply to Defendant's Motion to Transfer Venue by Stratton H. Smith. (Congero, Nicholas) Motions referred to Magistrate Judge Thomas G. Wilson. [Transferred from Florida Middle on 11/18/2022.] |
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Filing 15
CASE MANAGEMENT AND SCHEDULING ORDER: Discovery due by 9/8/2023, Dispositive motions due by 10/6/2023, Pretrial statement due by 1/16/2024, All other motions due by 1/23/2024, Final Pretrial Conference set for 2/13/2024 at 1:30 PM in Tampa Courtroom 13A before Judge Charlene Edwards Honeywell, Jury Trial set for term commencing 3/4/2024 in Tampa Courtroom 13A before Judge Charlene Edwards Honeywell. Conduct mediation hearing by 11/1/2023. Lead counsel to coordinate dates. Signed by Judge Charlene Edwards Honeywell on 8/3/2022. (BGS) [Transferred from Florida Middle on 11/18/2022.]
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| Filing 14 CASE MANAGEMENT REPORT. (Congero, Nicholas) [Transferred from Florida Middle on 11/18/2022.] |
| Filing 13 CERTIFICATE of interested persons and corporate disclosure statement re 4 Notice to Counsel of Local Rule, by Mt. Hawley Insurance Company identifying Corporate Parent RLI Insurance Company, Other Affiliate BlackRock, Inc., Other Affiliate RLI Corp., Other Affiliate State Street Corporation for Mt. Hawley Insurance Company. (Mahfood, Marcus) [Transferred from Florida Middle on 11/18/2022.] |
| Filing 12 ANSWER and affirmative defenses to Complaint by Mt. Hawley Insurance Company.(Mahfood, Marcus) [Transferred from Florida Middle on 11/18/2022.] |
| Filing 11 MOTION to Change Venue / Transfer Case by Mt. Hawley Insurance Company. (Attachments: #1 Exhibit A-Policy, #2 Exhibit B-New Hope Order, #3 Exhibit C-Pinto Order, #4 Exhibit D-Doral City Order, #5 Exhibit E-Murray Hill Order, #6 Exhibit F-La Teresita Order, #7 Exhibit G-Summerwind Order, #8 Exhibit H-Storm Damage Order, #9 Exhibit I-Oasis Beauty Order, #10 Exhibit J-Amusam Order, #11 Exhibit K-H2 Kendal Lakes Order)(Mahfood, Marcus) Modified text on 7/25/2022 (MCB). [Transferred from Florida Middle on 11/18/2022.] |
| Filing 10 NOTICE of a related action per Local Rule 1.07(c) by Stratton H. Smith. Related case(s): No (Congero, Nicholas) [Transferred from Florida Middle on 11/18/2022.] |
| Filing 9 CERTIFICATE of interested persons and corporate disclosure statement by Stratton H. Smith identifying Other Affiliate Stratton H. Smith for Stratton H. Smith. (Congero, Nicholas) [Transferred from Florida Middle on 11/18/2022.] |
| Filing 8 ***Contacted counsel to refile using correct event code*** NOTICE of lis pendens by Stratton H. Smith (Congero, Nicholas) Modified text on 7/1/2022 (MCB). [Transferred from Florida Middle on 11/18/2022.] |
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Filing 7
STANDING ORDER regarding discovery motions. Signed by Magistrate Judge Thomas G. Wilson on 6/27/2022. (ABC) [Transferred from Florida Middle on 11/18/2022.]
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| Filing 6 NOTICE of Lead Counsel Designation by Nicholas C. Congero on behalf of Stratton H. Smith. Lead Counsel: Amy D. Boggs. (Congero, Nicholas) [Transferred from Florida Middle on 11/18/2022.] |
| Filing 5 NOTICE informing the parties that they may consent to the jurisdiction of a United States magistrate judge by filing Form AO 85 Notice, Consent, and Reference of a Civil Action to a Magistrate Judge using the event Consent to Jurisdiction of US Magistrate Judge. (Signed by Deputy Clerk). (BGS) [Transferred from Florida Middle on 11/18/2022.] |
| Filing 4 NOTICE of Local Rule 1.07(c), Local Rule 3.02(a)(2), and Local Rule 3.03. -Local Rule 1.07(c) requires lead counsel to promptly file a Notice of a Related Action that identifies and describes any related action pending in the Middle District or elsewhere. -Local Rule 3.02(a)(2) requires the parties in every civil proceeding, except those described in subsection (d), to file a case management report (CMR) using the uniform form at www.flmd.uscourts.gov. The CMR must be filed (1) within forty days after any defendant appears in an action originating in this court, (2) within forty days after the docketing of an action removed or transferred to this court, or (3) within seventy days after service on the United States attorney in an action against the United States, its agencies or employees. Judges may have a special CMR form for certain types of cases. These forms can be found at www.flmd.uscourts.gov under the Forms tab for each judge. -Local Rule 3.03 requires each party to file a disclosure statement with the first appearance that identifies (1) each person that has or might have an interest in the outcome, (2) each entity with publicly traded shares or debt potentially affected by the outcome, (3) each additional entity likely to actively participate, and (4) each person arguably eligible for restitution. The disclosure statement must include this certification - I certify that, except as disclosed, I am unaware of an actual or potential conflict of interest affecting the district judge or the magistrate judge in this action, and I will immediately notify the judge in writing within fourteen days after I know of a conflict. (Signed by Deputy Clerk). (BGS) [Transferred from Florida Middle on 11/18/2022.] |
| Filing 3 NOTICE to counsel Amy D. Boggs, Donald Scott Boggs of Local Rule 2.02(a), which requires designation of one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action. File a Notice of Lead Counsel Designation to identify lead counsel. (Signed by Deputy Clerk). (SEG) [Transferred from Florida Middle on 11/18/2022.] |
| Filing 2 NEW CASE ASSIGNED to Judge Charlene Edwards Honeywell and Magistrate Judge Thomas G. Wilson. New case number: 8:22-cv-1386-CEH-TGW. (SJB) [Transferred from Florida Middle on 11/18/2022.] |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from Hillsborough County Circuit Court, case number 21-CA-010077 filed in State Court on 12-22-2021. Filing fee $402, receipt number AFLMDC-19688723 filed by Mt. Hawley Insurance Company. (Attachments: #1 State Court COMPLAINT Exhibit B, #2 State Court Docket Sheet Exhibit D, #3 State Court Other Documents Composite Exhibit C, #4 Civil Cover Sheet, #5 Exhibit A - An index of matters being filed, #6 Exhibit E - Plaintiff's estimate of damages totaling $131,543.54, #7 Exhibit F - List of All Counsel of Record and Contact Information)(Mahfood, Marcus) [Transferred from Florida Middle on 11/18/2022.] |
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