11th Street LLC v. Certain Underwriters At Lloyd's London Subscribing to Certificate Number AMR-37891-05 et al
| 11TH STREET LLC |
| CERTAIN UNDERWRITERS AT LLOYD'S LONDON SUBSCRIBING TO CERTIFICATE NUMBER AMR-37891-05, Indian Harbor Insurance Company, QBE Specialty Insurance Company, Steadfast Insurance Company, General Security Indemnity Company Of Arizona, UNITED SPECIALTY INSURANCE COMPANY, Lexington Insurance Company, Safety Specialty Insurance Company, HDI Global Specialty SE and Old Republic Union Insurance Company |
| 1:2023cv02639 |
| March 29, 2023 |
| US District Court for the Southern District of New York |
| Paul A Engelmayer |
| Insurance |
| 09 U.S.C. § 203 Jurisdiction; amount in controversy |
| None |
Docket Report
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This docket was last retrieved on July 26, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 23 LETTER addressed to Judge Paul A. Engelmayer from Anthony B. Crawford dated 5/26/2023 re: Status Update. Document filed by 11th Street LLC..(Crawford, Anthony) |
| Filing 22 LETTER MOTION to Stay addressed to Judge Paul A. Engelmayer from Jared Greisman dated 05/26/2023. Document filed by Certain Underwriters At Lloyd's London Subscribing to Certificate Number AMR-37891-05, General Security Indemnity Company Of Arizona, HDI Global Specialty SE, Indian Harbor Insurance Company, Lexington Insurance Company, Old Republic Union Insurance Company, QBE Specialty Insurance Company, Safety Specialty Insurance Company, Steadfast Insurance Company, United Specialty Insurance Company. (Attachments: #1 Exhibit Arb Demand Letter, #2 Exhibit Letter, #3 Exhibit Letter, #4 Exhibit Letter, #5 Exhibit Email, #6 Exhibit Order).(Greisman, Jared) |
Filing 21
ORDER granting #20 Letter Motion for Extension of Time. Granted. SO ORDERED. Brief due by 5/29/2023. (Signed by Judge Paul A. Engelmayer on 5/16/2023) (rro)
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| Filing 20 JOINT LETTER MOTION for Extension of Time to Comply with 5/12/23 Order addressed to Judge Paul A. Engelmayer from Eridania Perez dated 05/16/2023. Document filed by Certain Underwriters At Lloyd's London Subscribing to Certificate Number AMR-37891-05, General Security Indemnity Company Of Arizona, HDI Global Specialty SE, Indian Harbor Insurance Company, Lexington Insurance Company, Old Republic Union Insurance Company, QBE Specialty Insurance Company..(Perez-Jaquez, Eridania) |
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Filing 19
MEMO ENDORSEMENT on re: #18 Letter,, filed by United Specialty Insurance Company, General Security Indemnity Company Of Arizona, Indian Harbor Insurance Company, Safety Specialty Insurance Company, QBE Specialty Insurance Company, Certain Underwriters At Lloyd's London Subscribing to Certificate Number AMR-37891-05, HDI Global Specialty SE, Lexington Insurance Company, Steadfast Insurance Company, Old Republic Union Insurance Company. ENDORSEMENT: The Court is dismayed by the parties' failure to workcollaboratively to draft a proposed order, and by plaintiffs apparent attempt to circumvent defendants' arbitrator selection. However, although defendants take issue with the argumentative nature of plaintiffs proposed order, their proposed order also requires the Court to resolve an unbriefed --and, the Court notes, never before raised--dispute as to the selection of defendants' arbitrator. The Court declines to do so. The Court will give the patties one more week to reach a joint proposed order, which will be due May 19, 2023. The Court urges counsel to work assiduously to resolve this matter. In the event that counsel cannot agree on terms by that date, the Court orders the patties to file letter briefs, no longer than five pages single-spaced, by May 22, 2023. These letters should explain the procedural history of the arbitration and any action taken by the arbitral panel, and should address whether, under the terms of the patties' contract, disputes as to the selection of arbitrators must be decided by the arbitrator in the first instance. (Brief due by 5/22/2023.) (Signed by Judge Paul A. Engelmayer on 5/12/2023) (rro)
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| Filing 18 LETTER addressed to Judge Paul A. Engelmayer from Jared Greisman, Eridania Perez and Jessica Gross dated May 11, 2023 re: Status Letter & Proposed Order. Document filed by Certain Underwriters At Lloyd's London Subscribing to Certificate Number AMR-37891-05, General Security Indemnity Company Of Arizona, HDI Global Specialty SE, Indian Harbor Insurance Company, Lexington Insurance Company, Old Republic Union Insurance Company, QBE Specialty Insurance Company, Safety Specialty Insurance Company, Steadfast Insurance Company, United Specialty Insurance Company. (Attachments: #1 Appendix Proposed Order, #2 Appendix Email, #3 Appendix Email).(Gross, Jessica) |
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Filing 17
ORDER granting #16 Letter Motion for Extension of Time. The Court orders the parties to submit a joint proposed order and status update letter by May 12, 2023. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 4/28/2023) (rro)
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| Filing 16 LETTER MOTION for Extension of Time to confer with Defendants on a joint proposed order addressed to Judge Paul A. Engelmayer from Anthony B. Crawford dated 4/27/2023. Document filed by 11th Street LLC..(Crawford, Anthony) |
| Filing 15 LETTER addressed to Judge Paul A. Engelmayer from Jared Greisman dated 4/13/2023 re: Response to Order dated 4/6/2023. Document filed by Certain Underwriters At Lloyd's London Subscribing to Certificate Number AMR-37891-05, General Security Indemnity Company Of Arizona, HDI Global Specialty SE, Indian Harbor Insurance Company, Lexington Insurance Company, Old Republic Union Insurance Company, QBE Specialty Insurance Company, Safety Specialty Insurance Company, Steadfast Insurance Company, United Specialty Insurance Company..(Greisman, Jared) |
| Filing 14 SUPPLEMENTAL RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate American International Group, Inc., Other Affiliate AIG Property Casualty U.S., Inc. for Lexington Insurance Company; Other Affiliate Zurich Insurance Company Ltd, Other Affiliate Zurich American Insurance Company, Other Affiliate Zurich Insurance Group Ltd, Other Affiliate Zurich Holding Company of America, Inc. for Steadfast Insurance Company; Corporate Parent Safety National Casualty Corporation for Safety Specialty Insurance Company; Other Affiliate QBE Holdings, Inc., Other Affiliate QBE Investments (North America) Inc., Other Affiliate QBE Insurance Holdings Pty. Ltd., Other Affiliate QBE Insurance Group, Ltd. for QBE Specialty Insurance Company; Corporate Parent AXA SA, Other Affiliate Greenwich Insurance Company, Other Affiliate X.L. America, Inc., Other Affiliate XL Specialty Insurance Company, Other Affiliate XL Bermuda Ltd, Other Affiliate XL Group Ltd, Other Affiliate XL Financial Holdings (Ireland) Limited for Indian Harbor Insurance Company; Other Affiliate Old Republic International Corp., Other Affiliate Old Republic Specialty Insurance Underwriters for Old Republic Union Insurance Company; Other Affiliate SCOR SE, Other Affiliate SCOR Reinsurance Company, Other Affiliate SCOR US Corporation for General Security Indemnity Company Of Arizona; Other Affiliate HDI Global SE, Other Affiliate Talanx Group for HDI Global Specialty SE; Other Affiliate QBE 1886 Syndicate, Other Affiliate TM Kiln 510 Syndicate, Other Affiliate Hiscox 33 Syndicate for Certain Underwriters At Lloyd's London Subscribing to Certificate Number AMR-37891-05; Other Affiliate State National Intermediate Holdings, Inc., Other Affiliate T.B.A. Insurance Group, Ltd., Other Affiliate SNC Financial GP, LLC, Other Affiliate SNC Financial LP, LLC, Other Affiliate SNC Financial GP, LC, Other Affiliate State National Insurance Company, Inc., Other Affiliate Markel Corporation for United Specialty Insurance Company. Document filed by Certain Underwriters At Lloyd's London Subscribing to Certificate Number AMR-37891-05, General Security Indemnity Company Of Arizona, HDI Global Specialty SE, Indian Harbor Insurance Company, Lexington Insurance Company, Old Republic Union Insurance Company, QBE Specialty Insurance Company, Safety Specialty Insurance Company, Steadfast Insurance Company, United Specialty Insurance Company..(Greisman, Jared) |
| Filing 13 CERTIFICATE OF SERVICE of Court April 6, 2023 Order served on 11th Street LLC on April 11, 2023. Service was made by Mail. Document filed by Certain Underwriters At Lloyd's London Subscribing to Certificate Number AMR-37891-05, General Security Indemnity Company Of Arizona, HDI Global Specialty SE, Indian Harbor Insurance Company, Lexington Insurance Company, Old Republic Union Insurance Company, QBE Specialty Insurance Company, Safety Specialty Insurance Company, Steadfast Insurance Company, United Specialty Insurance Company..(Greisman, Jared) |
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Filing 12
ORDER: On March 29, 2023, defendants removed this case from the Supreme Court, County of New York. Dk. 1. Defendants served plaintiff the same day. Dkt. 7. On April 3, 2023, plaintiff appeared. Dkt. 8. Counsel for the removing defendants are directed to serve a copy of this Order on plaintiff within 14 days following the date of this order; a copy of this Order must also be served. with any subsequent process that brings in additional parties, and proof of such service must be filed promptly with the Court. If the removing defendants' counsel is unaware of the identity of counsel for any of the other parties, he or she must forthwith send a copy of this Order to that party personally. Counsel for the removing defendants are further directed to serve on all other parties and submit to the Court within 14 days following the date of this order a letter, filed on ECF, providing the following information: and further set forth in this Order. (Signed by Judge Paul A. Engelmayer on 4/6/2023) (rro)
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| Filing 11 DECLARATION of Jared T. Greisman in Support re: #9 MOTION to Compel Arbitration .. Document filed by Certain Underwriters At Lloyd's London Subscribing to Certificate Number AMR-37891-05, General Security Indemnity Company Of Arizona, HDI Global Specialty SE, Indian Harbor Insurance Company, Lexington Insurance Company, Old Republic Union Insurance Company, QBE Specialty Insurance Company, Safety Specialty Insurance Company, Steadfast Insurance Company, United Specialty Insurance Company. (Attachments: #1 Exhibit Exhibit A - Policy, #2 Exhibit Exhibit B - Summons & Complaint).(Greisman, Jared) |
| Filing 10 MEMORANDUM OF LAW in Support re: #9 MOTION to Compel Arbitration . . Document filed by Certain Underwriters At Lloyd's London Subscribing to Certificate Number AMR-37891-05, General Security Indemnity Company Of Arizona, HDI Global Specialty SE, Indian Harbor Insurance Company, Lexington Insurance Company, Old Republic Union Insurance Company, QBE Specialty Insurance Company, Safety Specialty Insurance Company, Steadfast Insurance Company, United Specialty Insurance Company..(Greisman, Jared) |
| Filing 9 MOTION to Compel Arbitration . Document filed by Certain Underwriters At Lloyd's London Subscribing to Certificate Number AMR-37891-05, General Security Indemnity Company Of Arizona, HDI Global Specialty SE, Indian Harbor Insurance Company, Lexington Insurance Company, Old Republic Union Insurance Company, QBE Specialty Insurance Company, Safety Specialty Insurance Company, Steadfast Insurance Company, United Specialty Insurance Company..(Greisman, Jared) |
| Filing 8 NOTICE OF APPEARANCE by Anthony Crawford on behalf of 11th Street LLC..(Crawford, Anthony) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Notice to Attorney Jared Greisman to RE-FILE Document No. #4 Rule 7.1 Corporate Disclosure Statement,,,,. The filing is deficient for the following reason(s): not all corporate parents/other affiliates were added;. Re-file the document using the event type Rule 7.1 Corporate Disclosure Statement found under the event list Other Documents - select the correct filer/filers - attach the correct signed PDF - when prompted with the message "Are there any corporate parents or other affiliates?", select the Yes radio button - enter the corporate parent/other affiliate, click the Search button - select the correct corporate parent/other affiliate name from the search results list or if no person found, create a new corporate parent/other affiliate - select the party to whom the corporate parent/other affiliate should be linked - add corporate parent/other affiliate names one at a time. (lb) |
| Filing 7 CERTIFICATE OF SERVICE of Notice of Removal served on Anthony B. Crawford on 03/29/23. Document filed by Certain Underwriters At Lloyd's London Subscribing to Certificate Number AMR-37891-05, General Security Indemnity Company Of Arizona, HDI Global Specialty SE, Indian Harbor Insurance Company, Lexington Insurance Company, Old Republic Union Insurance Company, QBE Specialty Insurance Company, Safety Specialty Insurance Company, Steadfast Insurance Company, United Specialty Insurance Company..(Greisman, Jared) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul A. Engelmayer. 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..(pc) |
| Magistrate Judge Ona T. Wang 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. (pc) |
| Case Designated ECF. (pc) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Jared Greisman. The party information for the following party/parties has been modified: General Security Indemnity Company Of Arizona, Old Republic Union Insurance Company, Indian Harbor Insurance Company, UNITED SPECIALTY INSURANCE COMPANY, Safety Specialty Insurance Company, CERTAIN UNDERWRITERS AT LLOYD'S LONDON SUBSCRIBING TO CERTIFICATE NUMBER AMR-37891-05, Lexington Insurance Company, QBE Specialty Insurance Company, HDI Global Specialty SE, Steadfast Insurance Company, 11TH STREET LLC. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; party role was entered incorrectly;. (pc) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Jared Greisman. The following case opening statistical information was erroneously selected/entered: County code Albany;. The following correction(s) have been made to your case entry: the County code has been modified to New York;. (pc) |
| Filing 6 NOTICE OF APPEARANCE by Jessica Leigh Gross on behalf of CERTAIN UNDERWRITERS AT LLOYD'S LONDON SUBSCRIBING TO CERTIFICATE NUMBER AMR-37891-05, General Security Indemnity Company Of Arizona, HDI Global Specialty SE, Indian Harbor Insurance Company, Lexington Insurance Company, Old Republic Union Insurance Company, QBE Specialty Insurance Company, Safety Specialty Insurance Company, Steadfast Insurance Company, UNITED SPECIALTY INSURANCE COMPANY..(Gross, Jessica) |
| Filing 5 NOTICE OF APPEARANCE by Eridania Perez-Jaquez on behalf of CERTAIN UNDERWRITERS AT LLOYD'S LONDON SUBSCRIBING TO CERTIFICATE NUMBER AMR-37891-05, General Security Indemnity Company Of Arizona, HDI Global Specialty SE, Indian Harbor Insurance Company, Lexington Insurance Company, Old Republic Union Insurance Company, QBE Specialty Insurance Company, Safety Specialty Insurance Company, Steadfast Insurance Company, UNITED SPECIALTY INSURANCE COMPANY..(Perez-Jaquez, Eridania) |
| Filing 4 FILING ERROR - NOT ALL CORPORATE PARENTS/OTHER AFFILIATES WERE ADDED - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent AIG PROPERTY CASUALTY COMPANY for Lexington Insurance Company; Corporate Parent Zurich American Insurance Company for Steadfast Insurance Company; Corporate Parent Safety National Casualty Corporation for Safety Specialty Insurance Company; Corporate Parent XL Group Ltd for Indian Harbor Insurance Company; Corporate Parent Hiscox Ltd. for CERTAIN UNDERWRITERS AT LLOYD'S LONDON SUBSCRIBING TO CERTIFICATE NUMBER AMR-37891-05. Document filed by CERTAIN UNDERWRITERS AT LLOYD'S LONDON SUBSCRIBING TO CERTIFICATE NUMBER AMR-37891-05, General Security Indemnity Company Of Arizona, HDI Global Specialty SE, Indian Harbor Insurance Company, Lexington Insurance Company, Old Republic Union Insurance Company, QBE Specialty Insurance Company, Safety Specialty Insurance Company, Steadfast Insurance Company, UNITED SPECIALTY INSURANCE COMPANY..(Greisman, Jared) Modified on 4/3/2023 (lb). |
| Filing 3 NOTICE OF APPEARANCE by Jared Greisman on behalf of CERTAIN UNDERWRITERS AT LLOYD'S LONDON SUBSCRIBING TO CERTIFICATE NUMBER AMR-37891-05, General Security Indemnity Company Of Arizona, HDI Global Specialty SE, Indian Harbor Insurance Company, Lexington Insurance Company, Old Republic Union Insurance Company, QBE Specialty Insurance Company, Safety Specialty Insurance Company, Steadfast Insurance Company, UNITED SPECIALTY INSURANCE COMPANY..(Greisman, Jared) |
| Filing 2 CIVIL COVER SHEET filed..(Greisman, Jared) |
| Filing 1 NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 650565/2023. (Filing Fee $ 402.00, Receipt Number ANYSDC-27536639).Document filed by General Security Indemnity Company Of Arizona, Old Republic Union Insurance Company, Indian Harbor Insurance Company, UNITED SPECIALTY INSURANCE COMPANY, Safety Specialty Insurance Company, CERTAIN UNDERWRITERS AT LLOYD'S LONDON SUBSCRIBING TO CERTIFICATE NUMBER AMR-37891-05, Lexington Insurance Company, QBE Specialty Insurance Company, HDI Global Specialty SE, Steadfast Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B 1 of 2, #3 Exhibit B 2 of 2, #4 Exhibit C).(Greisman, Jared) |
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