Travelers Casualty and Surety Company of America v. Duncan Interiors, Inc. et al
| Travelers Casualty and Surety Company of America (Connecticut) and Travelers Casualty and Surety Company of America |
| Duncan Interiors, Inc., Duncan Partners, LLC, Debra A Spychalsky, John Does1-3 and John Does 1-3 |
| 1:2022cv10562 |
| December 14, 2022 |
| US District Court for the Southern District of New York |
| Analisa Torres |
| Insurance |
| 28 U.S.C. § 1332 Diversity Action |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on February 7, 2024. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 15 ELECTRONIC SUMMONS ISSUED as to Debra A Spychalsky. (vf) |
| Filing 14 ELECTRONIC SUMMONS ISSUED as to Duncan Partners, LLC. (vf) |
| Filing 13 ELECTRONIC SUMMONS ISSUED as to Duncan Interiors, Inc.. (vf) |
| Filing 12 REQUEST FOR ISSUANCE OF SUMMONS as to DEBRA A. SPYCHALSKY, re: #6 Amended Complaint,. Document filed by Travelers Casualty and Surety Company of America..(Mandal, Paul) |
| Filing 11 REQUEST FOR ISSUANCE OF SUMMONS as to DUNCAN PARTNERS, LLC, re: #6 Amended Complaint,. Document filed by Travelers Casualty and Surety Company of America..(Mandal, Paul) |
| Filing 10 REQUEST FOR ISSUANCE OF SUMMONS as to DUNCAN INTERIORS, INC., re: #6 Amended Complaint,. Document filed by Travelers Casualty and Surety Company of America..(Mandal, Paul) |
Filing 9
ORDER: To conserve resources, to promote judicial efficiency, and in an effort to achieve a faster disposition of this matter, it is hereby ORDERED that the parties discuss whether they are willing to consent, under 28 U.S.C. 636(c), to conducting all further proceedings before the assigned Magistrate Judge. (as further set forth herein). SO ORDERED. (Signed by Judge Analisa Torres on 1/10/2023) (kv)
|
|
Filing 8
ORDER: To protect the public health, while promoting the "just, speedy, and inexpensive determination of every action and proceeding," Fed. R. Civ. P. 1, it is ORDERED pursuant to Rules 30(b)(3) and 30(b)(4) of the Federal Rules of Civil Procedure that all depositions in this action may be taken via telephone, videoconference, or other remote means. It is further ORDERED pursuant to Rule 30(b)(5) that a deposition will be deemed to have taken place "before an officer appointed or designated under Rule 28" if such officer attends the deposition using the same remote means used to connect all other participants, so long as all participants (including the officer) can clearly hear and be heard by all other participants. The parties are encouraged to engage in discovery through remote means at every available opportunity. SO ORDERED. (Signed by Judge Analisa Torres on 1/10/2023) (kv)
|
|
Filing 7
INITIAL PRETRIAL SCHEDULING ORDER: Counsel for all parties are directed to submit a joint letter and a jointly proposed Case Management Plan and Scheduling Order by March 6, 2023, in accordance with Rule 16 of the Federal Rules of Civil Procedure and the instructions set forth below. (Signed by Judge Analisa Torres on 1/10/2023) (kv)
|
| Filing 6 AMENDED COMPLAINT amending #4 Amended Complaint, #2 Complaint, #1 Complaint, against Duncan Interiors, Inc., Duncan Partners, LLC, John Does 1-3, Debra A Spychalsky.Document filed by Travelers Casualty and Surety Company of America. Related document: #4 Amended Complaint, #2 Complaint, #1 Complaint,. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B).(Mandal, Paul) |
|
Filing 5
ORDER re: #3 Order, Set Deadlines/Hearings. That submission is overdue. Accordingly, by January 6, 2023, Plaintiff shall amend its pleading to allege the citizenship of each constituent person or entity of Duncan Partners LLC. See Handelsman v. Bedford Vill. Assocs. Ltd. P'ship, 213 F.3d 48, 51-52 (2d Cir. 2000) (citing Cosgrove v. Bartolotta, 150 F.3d 729, 731 (7th Cir. 1998)); Strother v. Harte, 171 F. Supp. 2d 203, 205 (S.D.N.Y. 2001) ("For purposes of diversity jurisdiction, a limited liability company has the citizenship of each of its members."). If Plaintiff fails to amend by the foregoing date to truthfully allege complete diversity based upon the citizenship of each constituent person or entity of the LLC, then the complaint will be dismissed for lack of subject matter jurisdiction. SO ORDERED. (Amended Pleadings due by 1/6/2023.) (Signed by Judge Analisa Torres on 12/30/2022) (kv)
|
| Filing 4 FILING ERROR - DEFICIENT PLEADING - PDF ERROR - AMENDED COMPLAINT amending #2 Complaint, #1 Complaint, against Duncan Interiors, Inc., Duncan Partners, LLC, John Does 1-3, Debra A Spychalsky.Document filed by Travelers Casualty and Surety Company of America. Related document: #2 Complaint, #1 Complaint,..(Mandal, Paul) Modified on 12/23/2022 (pc). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Paul Mandal to RE-FILE Document No. #4 Amended Complaint,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct; Caption title reads "Complaint". Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (pc) |
|
Filing 3
ORDER: By December 23, 2022, Plaintiff shall amend its pleading to allege the citizenship of each constituent person or entity. If Plaintiff fails to amend by the foregoing date to truthfully allege complete diversity based upon thecitizenship of each constituent person or entity of the LLC, then the complaint will be dismissed for lack of subject matter jurisdiction. And as set forth herein. SO ORDERED., ( Amended Pleadings due by 12/23/2022.) (Signed by Judge Analisa Torres on 12/16/2022) (ama)
|
| ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Paul Mandal. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (vf) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Paul Mandal re: Document No. #2 Complaint. The filing is deficient for the following reason(s): Court's leave has not been granted. (vf) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Paul Mandal. The party information for the following party/parties has been modified: Travelers Casualty and Surety Company of America (Connecticut). The information for the party/parties has been modified for the following reason/reasons: party name entered incorrectly. (vf) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Paul Mandal. The following case opening statistical information was erroneously selected/entered: Cause of Action code 09:203 Jurisdiction; amount in controversy; Dollar Demand 1,420,992,000; County code New York; Fee Status code due (due). The following correction(s) have been made to your case entry:the Cause of Action code has been modified to 28:1332 Diversity Action; the Dollar Demand has been modified to $1,421,000; the County code has been modified to XX Out of State; the Fee Status code has been modified to pd (paid). (vf) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Analisa Torres. 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..(vf) |
| Case Designated ECF. (vf) |
| Magistrate Judge Robert W. Lehrburger 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. (vf) |
| Filing 2 FILING ERROR - DEFICIENT PLEADING - COMPLAINT against John Does1-3, Duncan Interiors, Inc., Duncan Partners, LLC, Debra A Spychalsky. Document filed by Travelers Casualty and Surety Company of America (Connecticut). (Attachments: #1 Civil Cover Sheet Civil Cover Sheet).(Mandal, Paul) Modified on 12/15/2022 (vf). |
| Filing 1 COMPLAINT against John Does1-3, Duncan Interiors, Inc., Duncan Partners, LLC, Debra A Spychalsky. (Filing Fee $ 402.00, Receipt Number ANYSDC-27087793)Document filed by Travelers Casualty and Surety Company of America (Connecticut)..(Mandal, Paul) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
