Flintlock Construction Services, LLC v. Arch Specialty Insurance Company et al
| Flintlock Construction Services, LLC |
| Arch Specialty Insurance Company and Catlin Specialty Insurance Company |
| 1:2023cv01701 |
| February 28, 2023 |
| US District Court for the Southern District of New York |
| Lorna G Schofield |
| Insurance |
| 09 U.S.C. § 0010 Petition to Vacate Arbitration Award |
| None |
Docket Report
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This docket was last retrieved on February 29, 2024. A more recent docket listing may be available from PACER.
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Filing 24
REPLY MEMORANDUM OF LAW in Support re: #18 Memorandum of Law in Support, #21 Memorandum of Law in Support of Motion, #17 Declaration in Support,,, #19 Response to Amended Petitions, #15 Amended Petition, #20 CROSS MOTION to Confirm Arbitration Award dated November 16, 2022., #16 Notice (Other) of the Amended Verified Petition to Vacate or Modify the Arbitration Award and Opposition to Respondents Cross-Petition. Document filed by Flintlock Construction Services, LLC..(Ahmed, Thanbir)
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Filing 23
REPLY re: #21 Memorandum of Law in Support of Motion, #19 Response to Amended Petitions, #15 Amended Petition, #20 CROSS MOTION to Confirm Arbitration Award dated November 16, 2022. . Document filed by Flintlock Construction Services, LLC. (Attachments: #1 Exhibit E-Mail Requesting Upload Link, Reponse and Confirmation).(Ahmed, Thanbir)
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Filing 22
RESPONSE re: #19 Response to Amended Petitions Cross-Petition for Confirmation. Document filed by Flintlock Construction Services, LLC..(Ahmed, Thanbir)
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Filing 21
MEMORANDUM OF LAW in Support re: #20 CROSS MOTION to Confirm Arbitration Award dated November 16, 2022. and in opposition to Petitioner's Amended Petition to vacate or modify the award. Document filed by Arch Specialty Insurance Company, Catlin Specialty Insurance Company..(Friedman, Adam)
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Filing 20
CROSS MOTION to Confirm Arbitration Award dated November 16, 2022. Document filed by Arch Specialty Insurance Company, Catlin Specialty Insurance Company. (Attachments: #1 Affidavit Certification of Adam P. Friedman in support of cross-petition to confirm arbitration award, #2 Exhibit 1 (pertinent portions of SDI Policy), #3 Exhibit 2 (letter dated March 31, 2022), #4 Exhibit 3 (letter dated April 14, 2022), #5 Exhibit 4 (stipulation dated August 30, 2022), #6 Exhibit 5 (e-mail dated December 2, 2022), #7 Exhibit 6 (letter dated February 4, 2023), #8 Exhibit 7 (e-mail dated February 8, 2023), #9 Exhibit 8 (letter dated February 9, 2023), #10 Exhibit 9 (pages 53-56 of transcript of oral argument)).(Friedman, Adam)
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Filing 19
RESPONSE to #15 Amended Petition,. Document filed by Arch Specialty Insurance Company, Catlin Specialty Insurance Company..(Friedman, Adam)
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Filing 18
AMENDED MEMORANDUM OF LAW in Support re: #10 Amended Petition,, #8 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration, #9 Amended Petition,,,, . Document filed by Flintlock Construction Services, LLC..(Ahmed, Thanbir)
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Filing 17
DECLARATION of Larry B. Hollander in Support re: #10 Amended Petition,, #9 Amended Petition,,,,. Document filed by Flintlock Construction Services, LLC. (Attachments: #1 Exhibit Arbitration Award 11.16.22, #2 Exhibit Settlement Agreement, #3 Exhibit Interim Award, #4 Exhibit Confidential Settlement Agreement, #5 Exhibit FCS/BMNY Settlement Agreement, #6 Exhibit SDI Policy (Part 1 of 3), #7 Exhibit SDI Policy (Part 2 of 3), #8 Exhibit SDI Policy (Part 3 of 3), #9 Exhibit Demand for Arbitration & Statement of Claim, #10 Exhibit Answering Statement With Counterclaim, #11 Exhibit FCS Motion for Summary Judgment, #12 Exhibit Insurers Motion for Summary Judgment, #13 Exhibit FCS Reply, #14 Exhibit Insurers' Reply, #15 Exhibit Assignment & Backcharge Agreement, #16 Exhibit Scheduling Order, #17 Exhibit Transcript of Proceeding Excerpts).(Ahmed, Thanbir)
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Filing 16
NOTICE of Amended Verified Petition re: #9 Amended Petition,,,,. Document filed by Flintlock Construction Services, LLC..(Ahmed, Thanbir)
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Filing 15
AMENDED PETITION amending #8 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration, against Arch Specialty Insurance Company, Catlin Specialty Insurance Company.Document filed by Flintlock Construction Services, LLC. Related document: #8 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration,..(Ahmed, Thanbir)
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Filing 14
ORDER granting #11 Letter Motion for Leave to File Excess Pages. Application GRANTED nunc pro tunc. (Signed by Judge Lorna G. Schofield on 3/24/2023) (ate)
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Filing 13
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Flintlock Construction Services, LLC..(Ahmed, Thanbir)
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Filing 12
NOTICE OF APPEARANCE by Thanbir Ahmed on behalf of Flintlock Construction Services, LLC..(Ahmed, Thanbir)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Larry B. Hollander to RE-FILE Document No. #10 Amended Petition, #8 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration, #9 Amended Petition,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct; the wrong event type was used to file the pleading Re-file the pleading using the event type Amended Petition 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. (vf)
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Filing 11
FIRST LETTER MOTION for Leave to File Excess Pages addressed to Judge Lorna G. Schofield from Larry B. Hollander, Esq. dated 3/23/23. Document filed by Flintlock Construction Services, LLC..(Hollander, Larry)
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Filing 10
FILING ERROR - DEFICIENT PLEADING - WRONG EVENT TYPE SELECTED FROM MENU - AMENDED PETITION amending #8 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration, #9 Amended Petition,,,, against Arch Specialty Insurance Company, Catlin Specialty Insurance Company.Document filed by Flintlock Construction Services, LLC. Related document: #8 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration, #9 Amended Petition,,,,..(Hollander, Larry) Modified on 3/24/2023 (vf).
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Filing 9
FILING ERROR - DEFICIENT PLEADING- PDF ERROR - AMENDED PETITION amending #8 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration against Arch Specialty Insurance Company, Catlin Specialty Insurance Company.Document filed by Flintlock Construction Services, LLC. Related document: #8 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration. (Attachments: #1 Affidavit Declaration of Larry B. Hollander, #2 Exhibit Arbitration Award 11.16.22, #3 Exhibit Settlement Agreement, #4 Exhibit Interim Award, #5 Exhibit Confidential Settlement Agreement, #6 Exhibit FCS/BMNY Settlement Agreement, #7 Exhibit SDI Policy (Part 1 of 3), #8 Exhibit SDI Policy (Part 2 of 3), #9 Exhibit SDI Policy (Part 3 of 3), #10 Exhibit Demand for Arbitration & Statement of Claim, #11 Exhibit Answering Statement With Counterclaim, #12 Exhibit FCS Motion for Summary Judgment, #13 Exhibit Insurers Motion for Summary Judgment, #14 Exhibit FCS Reply, #15 Exhibit Insurers' Response, #16 Exhibit Assignment & Backcharge Agreement, #17 Exhibit Scheduling Order, #18 Exhibit Transcript of Proceeding Excerpts).(Hollander, Larry) Modified on 3/24/2023 (vf).
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Filing 8
FILING ERROR - DEFICIENT PLEADING - WRONG EVENT TYPE SELECTED FROM MENU - PETITION TO VACATE AND/OR MODIFY ARBITRATION..Document filed by Flintlock Construction Services, LLC..(Hollander, Larry) Modified on 3/24/2023 (vf).
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Filing 7
STIPULATION: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned attorneys for the Petitioner and Respondents herein, that: 1. Petitioner shall file its Amended Notice of Petition and Amended Memorandum of Law in Support of its Petition to Vacate the Arbitration Award on or before March 23, 2023; 2. Respondents' Cross-Petition to Confirm the Arbitration Award and/or Opposition to the Amended Petition to Vacate shall be filed on or before April 13, 2023; and, 3. Petitioner's Opposition to Respondents' Cross-Petition and/or Reply to the Amended Petition shall be filed on April 24, 2023. This Stipulation may be signed in counterparts and facsimile signatures upon this Stipulation shall have the same force and effect as original signatures. So Ordered. The parties' motion papers shall comply with the Court's Individual Rules, particularly section III.B. The Clerk of Court is respectfully directed to close the motion at Dkt. No. 6. Motions terminated: #6 JOINT LETTER MOTION for Extension of Time proposed briefing schedule, and Stipulation addressed to Judge Lorna G. Schofield from Larry B. Hollander, Esq. dated 3/10/2023. filed by Flintlock Construction Services, LLC. (Signed by Judge Lorna G. Schofield on 3/13/2023) (ate)
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Filing 6
JOINT LETTER MOTION for Extension of Time proposed briefing schedule, and Stipulation addressed to Judge Lorna G. Schofield from Larry B. Hollander, Esq. dated 3/10/2023. Document filed by Flintlock Construction Services, LLC..(Hollander, Larry)
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Filing 5
NOTICE OF APPEARANCE by Michael Robert Strauss on behalf of Flintlock Construction Services, LLC..(Strauss, Michael)
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Filing 4
NOTICE OF APPEARANCE by Larry B. Hollander on behalf of Flintlock Construction Services, LLC..(Hollander, Larry)
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Filing 3
ORDER: It is hereby ORDERED that, by March 10, 2023, the parties shall file a joint letter. If Plaintiff intends to move to remand the case to state court, the parties' joint letter shall state their respective positions and arguments on whether the case should be remanded, with each party's section not to exceed three pages, and shall propose a schedule for full briefing of a motion to remand, should the court determine that further briefing is necessary. If Plaintiff does not intend to move to remand, the parties' joint letter shall propose a briefing schedule for Plaintiff's application to vacate the arbitration award. (Signed by Judge Lorna G. Schofield on 3/2/2023) (vfr)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lorna G. Schofield. 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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Magistrate Judge Sarah Netburn 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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Case Designated ECF. (gp)
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Filing 2
CIVIL COVER SHEET filed..(Friedman, Adam)
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Filing 1
NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 650765/2023. (Filing Fee $ 402.00, Receipt Number BNYSDC-27401228).Document filed by Catlin Specialty Insurance Company, Arch Specialty Insurance Company. (Attachments: #1 Exhibit 1.1 (Notice of Petition & Petition), #2 Exhibit 1.2 (Affirmation in Support), #3 Exhibit 1.3 (Affirmation Exhibit A -- settlement agreement), #4 Exhibit 1.4 (Affirmation Exhibit B -- SDI policy), #5 Exhibit 1.5 (Affirmation Exhibit C -- scheduling order), #6 Exhibit 1.6 (Affirmation Exhibit D -- assignment & backcharge agreement), #7 Exhibit 1.7 (Affirmation Exhibit E -- interim award), #8 Exhibit 1.8 (Affirmation Exhibit F -- confidential settlement agreement), #9 Exhibit 1.9 (Affirmation Exhibit G -- Flintlock-BMNY settlement agreement), #10 Exhibit 1.10 (Affirmation Exhibit H -- demand for arbitration), #11 Exhibit 1.11 (Affirmation Exhibit I -- answering statement with counterclaim), #12 Exhibit 1.12 (Affirmation Exhibit J -- insurers' motion for summary judgment), #13 Exhibit 1.13 (Affirmation Exhibit K -- Flintlock motion for summary judgment), #14 Exhibit 1.14 (Affirmation Exhibit L -- stipulation), #15 Exhibit 1.15 (Affirmation Exhibit M -- Flintlock response to insurers' summary judgment motion), #16 Exhibit 1.16 (Affirmation Exhibit N -- insurers' response to Flintlock's summary judgment motion), #17 Exhibit 1.17 (Affirmation Exhibit O -- transcript), #18 Exhibit 1.18 (Affirmation Exhibit P -- award), #19 Exhibit 1.19 (Memorandum of Law in Support), #20 Exhibit 2 (acknowledgment of service -- Catlin), #21 Exhibit 3 (acknowledgment of service -- Arch)).(Friedman, Adam)
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