Aspen American Insurance Company v. Dual Commercial LLC
| Aspen American Insurance Company |
| DUAL COMMERCIAL LLC and Dual Commercial LLC doing business as Dual Specialty Underwriters |
| 1:2023cv03542 |
| April 27, 2023 |
| US District Court for the Southern District of New York |
| Valerie E Caproni |
| Contract: Other |
| 28 U.S.C. § 1332 bc Diversity-Breach of Contract |
| None |
Docket Report
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Filing 22
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 dis ute resolution mechanismsmay be helpful in resolving this case (check all that apply):Other: private mediation conducted after close of discovery. This case is not to be tried to a jury. SO ORDERED. Expert Deposition due by 12/18/2023. Fact Discovery due by 11/3/2023. Expert Discovery due by 12/18/2023. Pretrial Conference set for 11/17/2023 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 6/30/2023) (tg)
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Filing 21
MEMO ENDORSEMENT on re: #20 Letter, filed by Aspen American Insurance Company. ENDORSEMENT: The initial pretrial conference scheduled for Friday, July 7, 2023, is CANCELLED. The Court will enter the parties' proposed case management plan by separate order. SO ORDERED. (Signed by Judge Valerie E. Caproni on 6/30/2023) (tg)
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| Filing 20 JOINT LETTER addressed to Judge Valerie E. Caproni from Sabrina Haurin and Becky (Hyun Jeong) BaekH dated 06-29-23 re: Joint Letter Report. Document filed by Aspen American Insurance Company. (Attachments: #1 Exhibit Proposed Civil Case Management Plan).(Haurin, Sabrina) |
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Filing 19
ORDER: granting in part #18 Letter Motion for Extension of Time. Application GRANTED in part. The deadline for Defendant to answer or otherwise respond to the complaint is July 26, 2023. The initial pretrial conference will be held on Friday, July 7, 2023, at 10:00 A.M. in Courtroom 443 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, NY 10007. The parties' deadline to file the pre-conference submissions, as described at Dkt. 6, is June 29, 2023. SO ORDERED. (Signed by Judge Valerie E. Caproni on 6/22/2023) (ama)
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| Set/Reset Deadlines: Dual Commercial LLC answer due 7/26/2023., Set/Reset Hearings:( Initial Conference set for 7/7/2023 at 10:00 AM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni.) (ama) |
| Filing 18 LETTER MOTION for Extension of Time to Answer, Move, or Otherwise Respond and Adjourning Pre-Trial Conference addressed to Judge Valerie E. Caproni from Matthew D. Donovan dated June 21, 2023. Document filed by Dual Commercial LLC..(Donovan, Matthew) |
| Filing 17 NOTICE of Substitution of Attorney. Old Attorney: WINGET SPADAFORA & SCHWARTZBERG, LLP, New Attorney: FARRELL FRITZ, P.C., Address: FARRELL FRITZ, P.C., 622 Third Avenue, New York, NY, United States 10017, (212)687-1230. Document filed by Dual Commercial LLC..(Donovan, Matthew) |
| Filing 16 NOTICE OF APPEARANCE by Hyun-Jeong Baek on behalf of Dual Commercial LLC..(Baek, Hyun-Jeong) |
| Filing 15 NOTICE OF APPEARANCE by Matthew David Donovan on behalf of Dual Commercial LLC..(Donovan, Matthew) |
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Filing 14
ORDER: granting #13 Letter Motion to Adjourn Conference. The initial pretrial conference in this matter is ADJOURNED to Friday, July 7, 2023, at 10:00 A.M. in Courtroom 443 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York, 10007. The parties' pre-conference submissions, as described at Dkt. 6, are due on June 29, 2023. Defendant is reminded that, pursuant to the Court's order at Dkt. 11, the deadline to answer or otherwise respond to the complaint is June 26, 2023. Plaintiff is ordered to file proof of service of the endorsed letter on Defendant by June 21, 2023. SO ORDERED. Initial Conference set for 7/7/2023 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 6/16/2023) (ama)
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| Filing 13 MOTION to Adjourn Conference . Document filed by Aspen American Insurance Company. (Attachments: #1 Exhibit Email from Dual's Prior Counsel).(Margolies, Brian) |
| Filing 12 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Christopher B. Burch to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27834560. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Aspen American Insurance Company. (Attachments: #1 Affidavit of Christopher Burch In Support of Motion, #2 Text of Proposed Order for Christopher Burch Admission Pro Hac Vice).(Margolies, Brian) Modified on 6/6/2023 (dsh). |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #12 MOTION for Christopher B. Burch to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27834560. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): the PDF attached to the docket entry for the motion is not correct; Missing PDF Labeled "Motion for Pro Hac Vice";. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (dsh) |
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Filing 11
MEMO ENDORSEMENT on re: #1 Complaint,, filed by Aspen American Insurance Company. ENDORSEMENT: Application GRANTED. Defendant's answer deadline is June 26, 2023. SO ORDERED. Dual Commercial LLC answer due 6/26/2023. (Signed by Judge Valerie E. Caproni on 5/25/2023) (tg)
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| Filing 10 LETTER addressed to Judge Valerie E. Caproni from Gina Kim dated May 25, 2023 re: Request for extension of time to answer, move, or otherwise respond to Plaintiff's Complaint. Document filed by Dual Commercial LLC..(Kim, Gina) |
| Filing 9 AFFIDAVIT OF SERVICE. Dual Commercial LLC served on 5/5/2023, answer due 5/26/2023. Service was accepted by DeChelle Summers. Document filed by Aspen American Insurance Company..(Margolies, Brian) |
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Filing 8
MEMO ENDORSEMENT granting #7 Motion to Appear Pro Hac Vice. ENDORSEMENT: Application GRANTED. SO ORDERED. (Signed by Judge Valerie E. Caproni on 5/15/2023) (tg)
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| Filing 7 MOTION for Sabrina Haurin to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27733532. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Aspen American Insurance Company. (Attachments: #1 Affidavit Affidavit of Sabrina Haurin in Support of Motion, #2 Text of Proposed Order Proposed Order for Sabrina Haurin Admission Pro Hac Vice).(Margolies, Brian) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #7 MOTION for Sabrina Haurin to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number ANYSDC-27733532. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (va) |
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Filing 6
NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 6/23/2023 at 10:00 AM in Courtroom 443, Thurgood Marshall U.S. Courthouse, 40 Foley Square, New York, NY 10007 before Judge Valerie E. Caproni. SO ORDERED. (Signed by Judge Valerie E. Caproni on 4/28/2023) (vfr)
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| Filing 5 ELECTRONIC SUMMONS ISSUED as to Dual Commercial LLC..(pc) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Brian Matthew Margolies. The party information for the following party/parties has been modified: DUAL COMMERCIAL LLC. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; alias party name was omitted;. (pc) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Brian Matthew Margolies. The following case opening statistical information was erroneously selected/entered: Citizenship Plaintiff code 2 (Citizen of Another State); Citizenship Defendant code 2 (Citizen of Another State); Dollar Demand $75,000,000; County code New York;. The following correction(s) have been made to your case entry: the Citizenship Plaintiff code has been modified to 5 (Incorporated/Principal Place of Business-Other State); the Citizenship Defendant code has been modified to 5 (Incorporated/Principal Place of Business-Other State); the Dollar Demand has been modified to blank; the County code has been modified to XX Out of State;. (pc) |
| Case Designated ECF. (pc) |
| 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. (pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action 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..(pc) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Dual Commercial LLC, re: #1 Complaint,,. Document filed by Aspen American Insurance Company..(Margolies, Brian) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Apollo Global Management, LLC, Corporate Parent Aspen (UK) Holdings Limited, Corporate Parent Aspen Insurance Holdings Limited (Bermuda), Corporate Parent Aspen U.S. Holdings Inc., Corporate Parent Highlands Holdings, Ltd. for Aspen American Insurance Company. Document filed by Aspen American Insurance Company..(Margolies, Brian) |
| Filing 2 CIVIL COVER SHEET filed..(Margolies, Brian) |
| Filing 1 COMPLAINT against DUAL COMMERCIAL LLC. (Filing Fee $ 402.00, Receipt Number ANYSDC-27666717)Document filed by Aspen American Insurance Company. (Attachments: #1 Exhibit Criminal Complaint, #2 Exhibit Policy, #3 Exhibit Underlying Complaint, #4 Exhibit Underlying Arbitration Demand, #5 Exhibit Underlying Cross-Claim, #6 Exhibit Coverage Complaint, #7 Exhibit MDG's Motion for Summary Judgment, #8 Exhibit Aspen's Opp. to Motion for Summary Judgment, #9 Exhibit Summary Judgment Decision).(Margolies, Brian) |
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