Esplanade 2018 Partners, LLC v Mt Hawley Ins Co
| Esplanade 2018 Partners, LLC |
| Mt Hawley Ins Co |
| Hurricane Ida Program Administrator |
| 1:2023cv03592 |
| April 28, 2023 |
| US District Court for the Southern District of New York |
| Jennifer L Rochon |
| Insurance |
| 28 U.S.C. § 1332 in Diversity-Insurance Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 16, 2023. A more recent docket listing may be available from PACER.
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Filing 39
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER This Civil Case Management Plan (the "Plan") is submitted by the parties in accordance with Federal Rule of Civil Procedure 26(f)(3). 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). Settlement discussions have not taken place. Depositions shall be completed no later than December 29, 2023. The case is to be tried to a jury. Counsel for the parties have conferred and their best estimate of the length of trial is 4 days. Motions due by 7/14/2023. Deposition due by 11/29/2023. Fact Discovery due by 10/13/2023. Expert Discovery due by 11/29/2023. Discovery due by 11/29/2023. Case Management Conference set for 1/3/2024 at 10:00 AM via teams before Judge Jennifer L. Rochon. Pretrial Conference set for 1/3/2024 at 10:00 AM via teams before Judge Jennifer L. Rochon. (And as further set forth herein.) SO ORDERED. (Signed by Judge Jennifer L. Rochon on 6/14/2023) (jca)
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| Minute Entry for proceedings held before Judge Jennifer L. Rochon: Initial Pretrial Conference held via Microsoft Teams on 6/14/2023. (aba) |
| Filing 38 JOINT LETTER addressed to Judge Jennifer L. Rochon from Robert W. Tschirn dated June 12, 2023 re: Local Rule 2.B Attorney Contact Information to Participate in Initial Pretrial Conference. Document filed by Esplanade 2018 Partners, LLC..(Tschirn, Robert) |
| Filing 37 LETTER addressed to Judge Jennifer L. Rochon from Matthew Kraus dated 6/7/2023 re: Status Report and Civil Case Management Plan. Document filed by Mt Hawley Ins Co. (Attachments: #1 Text of Proposed Order Proposed Case Management Order).(Kraus, Matthew) |
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Filing 36
ORDER granting #35 Motion for Greg K. Winslett to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jennifer L. Rochon)(Text Only Order) (aba)
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| Filing 35 MOTION for Greg K. Winslett to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27830251. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Mt Hawley Ins Co. (Attachments: #1 Text of Proposed Order proposed Order).(Winslett, Greg) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #35 MOTION for Greg K. Winslett to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27830251. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (dsh) |
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Filing 34
ORDER granting #33 Letter Motion to Continue. The parties' request is GRANTED. The Initial Pretrial Conference is adjourned to June 14, 2023 at 11:00 a.m. In light of the fact that Plaintiff's counsel is located out of state, the conference shall take place via video conference. Counsel will receive log-in credentials at the email addresses listed on the docket. The public listen-only line may be accessed by dialing Toll-Free Number: 877-336-1831 | Access Code: 5583342. SO ORDERED. Initial Conference set for 6/14/2023 at 11:00 AM before Judge Jennifer L. Rochon.. (Signed by Judge Jennifer L. Rochon on 5/31/2023) (jca)
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| Filing 33 JOINT LETTER MOTION to Continue addressed to Judge Jennifer L. Rochon from Robert W. Tschirn dated May 30, 2023. Document filed by Esplanade 2018 Partners, LLC..(Tschirn, Robert) |
| Filing 32 NOTICE OF APPEARANCE by Matthew David Kraus on behalf of Mt Hawley Ins Co..(Kraus, Matthew) |
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Filing 31
ORDER granting #29 Motion for Robyn A. Brown to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jennifer L. Rochon)(Text Only Order) (aba)
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Filing 30
ORDER granting #28 Motion for Michael R. C. Riess to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jennifer L. Rochon)(Text Only Order) (aba)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #29 MOTION for Robyn A. Brown to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27792661. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #28 MOTION for Michael R. C. Riess to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27792618. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz) |
| Filing 29 MOTION for Robyn A. Brown to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27792661. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Esplanade 2018 Partners, LLC. (Attachments: #1 Exhibit A Certificate of Good Standing of Louisiana, #2 Exhibit B Certificate of Good Standing of Arkansas, #3 Errata C Affidavit, #4 Text of Proposed Order Order for Admission Pro Hac Vice).(Brown, Robyn) |
| Filing 28 MOTION for Michael R. C. Riess to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27792618. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Esplanade 2018 Partners, LLC. (Attachments: #1 Exhibit A Certificate of Good Standing of Louisiana, #2 Exhibit B Affidavit, #3 Text of Proposed Order Order for Admission Pro Hac Vice).(Riess, Michael) |
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Filing 27
ORDER granting #26 Motion for Robert W. Tschirn to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jennifer L. Rochon)(Text Only Order) (aba)
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| Filing 26 MOTION for Robert W. Tschirn to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27784262. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Esplanade 2018 Partners, LLC. (Attachments: #1 Exhibit A Certificate of Good Standing of Louisiana, #2 Exhibit B Certificate of Good Standing of Texas, #3 Exhibit C Affidavit, #4 Text of Proposed Order Order for Admission Pro Hac Vice).(Tschirn, Robert) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #26 MOTION for Robert W. Tschirn to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27784262. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba) |
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Filing 25
NOTICE OF INITIAL PRETRIAL CONFERENCE: Unless and until the Court orders otherwise, counsel for all parties shall appear for an initial pretrial conference on June 6, 2023 at 4:30 p.m. in Courtroom 20B of the Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, New York, New York, 10007. The joint letter shall not exceed three (3) pages, and shall provide the following information in separate paragraphs: as set forth herein. Counsel who have entered a notice of appearance as of the issuance of this order are directed (1) to notify counsel for all other parties in this action who have not yet appeared by serving upon each of them a copy of this order and the Court's Individual Rules and Practices forthwith, and (2) to file proof of such notice with the Court. If unaware of the identity of counsel for any of the parties, counsel receiving this order must forthwith send a copy of this order and the Court's Individual Rules and Practices to that party personally. SO ORDERED. Initial Conference set for 6/6/2023 at 04:30 PM in Courtroom 20B, 500 Pearl Street, New York, NY 10007 before Judge Jennifer L. Rochon. (Signed by Judge Jennifer L. Rochon on 5/09/2023) (ama)
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| Filing 24 CASE TRANSFERRED IN from the United States District Court - District of Louisiana Eastern; Case Number: 2:23-cv-00175. Original file certified copy of transfer order and docket entries received. |
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Filing 23
ORDER GRANTING #7 Motion to Transfer Venue; Case transferred to Southern District of New York. Signed by Judge Greg Gerard Guidry on 4/28/2023.(lag) [Transferred from Louisiana Eastern on 4/28/2023.]
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Filing 22
ORDER granting #21 Motion to Substitute Attorney. Added attorney Robyn Brown for Esplanade 2018 Partners, LLC. Attorney Alex S. Dunn, Jr terminated. Signed by Judge Greg Gerard Guidry on 04/28/2023. (cs) [Transferred from Louisiana Eastern on 4/28/2023.]
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| 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) |
| Magistrate Judge James L. Cott 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) |
| Case Designated ECF. (vba) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Judge Jennifer L. Rochon. 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) |
| Filing 21 EXPARTE/CONSENT MOTION to Substitute Attorney. Attorney Robyn A. Brown to be substituted in place of Alex S. Dunn, Jr. by Esplanade 2018 Partners, LLC. (Attachments: #1 Proposed Order)(Tschirn, Robert) [Transferred from Louisiana Eastern on 4/28/2023.] |
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Filing 20
ORDER granting #10 Motion to Stay Deadlines. IT IS FURTHER HEREBY ORDERED that the CMO deadlines are hereby stayed for all parties and shall be reset in the event Mt. Hawley's Motion to Transfer Venue is denied. Signed by Magistrate Judge Michael North on 3/20/23. (cg) [Transferred from Louisiana Eastern on 4/28/2023.]
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| Filing 19 REPLY to Response to Motion filed by Mt Hawley Ins Co re #7 MOTION to Change Venue. (Attachments: #1 Exhibit A, #2 Exhibit B)(mm) [Transferred from Louisiana Eastern on 4/28/2023.] |
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Filing 18
ORDER granting #16 Motion for Leave to File Reply Brief. Signed by Judge Greg Gerard Guidry on 3/7/2023. (mm) [Transferred from Louisiana Eastern on 4/28/2023.]
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| Filing 17 Correction of Docket Entry by Clerk re #15 Response/Memorandum in Support of Motion. **Document filed in error. See record document 16 for the correct filing.** (mm) [Transferred from Louisiana Eastern on 4/28/2023.] |
| Filing 16 EXPARTE/CONSENT MOTION for Leave to File Reply Brief in Support of Motion to Change Venue re: rec. doc. 7 by Mt Hawley Ins Co. (Attachments: #1 Proposed Order, #2 Proposed Pleading, #3 Exhibit A to Proposed Pleading, #4 Exhibit B to Proposed Pleading)(Meaders, Julie) [Transferred from Louisiana Eastern on 4/28/2023.] |
| Filing 15 **FILED IN ERROR-SEE REC. DOC. 16 FOR THE CORRECT FILING** RESPONSE/MEMORANDUM in Support filed by Mt Hawley Ins Co re 7 MOTION to Change Venue. (Attachments: #1 Exhibit A - Order and Reasons in Domingue v. Mt. Hawley Insurance Co., #2 Exhibit B - Louisiana Department of Insurance, Details for Mt. Hawley Insurance Company)(Meaders, Julie) Modified text on 3/7/2023 (mm). [Transferred from Louisiana Eastern on 4/28/2023.] |
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Filing 14
ORDER granting #13 Motion to Substitute Attorney. IT IS ORDERED that Matthew D. Fraser be and is hereby withdrawn as a counsel of record for Mt. Hawley, and Julie S. Meaders of the law firm of Lugenbuhl, Wheaton, Peck, Rankin & Hubbard be and is hereby substituted as a counsel of record for Mt. Hawley. Seth A. Schmeeckle will remain as counsel of record for Mt. Hawley. Signed by Judge Greg Gerard Guidry on 3/2/2023. (pp) [Transferred from Louisiana Eastern on 4/28/2023.]
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| Filing 13 EXPARTE/CONSENT MOTION to Withdraw and Substitute Counsel. Attorney Julie S. Meaders to be substituted in place of Matthew D. Fraser by Mt Hawley Ins Co. (Attachments: #1 Proposed Order)(Schmeeckle, Seth) Modified text on 3/2/2023 (ko). [Transferred from Louisiana Eastern on 4/28/2023.] |
| Filing 12 RESPONSE/MEMORANDUM in Opposition filed by Esplanade 2018 Partners, LLC re #7 MOTION to Change Venue . (Tschirn, Robert) [Transferred from Louisiana Eastern on 4/28/2023.] |
| Filing 11 Correction of Docket Entry by Clerk re #10 Joint MOTION to Stay Case Management Order Deadlines: Filing attorney should have changed "N" to "Y" at the question "Is this motion to be decided by the Magistrate Judge Y/N?" This motion will be decided by Chief Magistrate Judge Michael B. North. Clerk took corrective action. (ko) [Transferred from Louisiana Eastern on 4/28/2023.] |
| Filing 10 EXPARTE/CONSENT Joint MOTION to Stay Case Management Order Deadlines by Mt Hawley Ins Co. Motion(s) referred to Chief Magistrate Judge Michael B. North. (Attachments: #1 Memorandum in Support, #2 Proposed Order)(Fraser, Matthew) Modified on 2/14/2023 (ko). [Transferred from Louisiana Eastern on 4/28/2023.] |
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Filing 9
ORDER granting #8 MOTION for Extension of Time to File Response/Reply as to #7 MOTION to Change Venue. Motion(s) will be submitted on 3/8/2023. Signed by Judge Greg Gerard Guidry on 2/7/2023.(mm) [Transferred from Louisiana Eastern on 4/28/2023.]
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| Filing 8 EXPARTE/CONSENT MOTION for Extension of Time to File Response/Reply as to #7 MOTION to Change Venue by Esplanade 2018 Partners, LLC. (Attachments: #1 Statement Local Rule 7.8 Certificate, #2 Proposed Order)(Tschirn, Robert) Modified text/removed referral on 2/7/2023 (mm). [Transferred from Louisiana Eastern on 4/28/2023.] |
| Filing 7 MOTION to Change Venue by Mt Hawley Ins Co. Motion(s) will be submitted on 2/15/2023. (Attachments: #1 Memorandum in Support, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Notice of Submission)(Fraser, Matthew) [Transferred from Louisiana Eastern on 4/28/2023.] |
| Filing 6 ANSWER to #1 Notice of Removal by Mt Hawley Ins Co. (Schmeeckle, Seth) Modified text/added linkage on 1/19/2023 (mm). [Transferred from Louisiana Eastern on 4/28/2023.] |
| Filing 5 Correction of Docket Entry by Clerk re #1 Notice of Removal. **Filing attorney did not properly format the pdf of Civil Cover Sheet. The pdf should not have the purple fillable boxes nor the 3 red buttons at the bottom. When using a FORM, fill in the applicable fields then click the red PRINT button at the bottom to print the document to pdf format. Clerk took corrective action.** (am) [Transferred from Louisiana Eastern on 4/28/2023.] |
| Filing 4 Directive of the Clerk regarding compliance with 28:1447(b) re #1 Notice of Removal, filed by Mt. Hawley Insurance Company, Inc. By the Clerk.(am) [Transferred from Louisiana Eastern on 4/28/2023.] |
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Filing 3
HURRICANE IDA CLAIMS - AMENDED CASE MANAGEMENT ORDER NO. 1 with exhibits. Signed by Chief Judge Nannette Jolivette Brown on 10/25/22.(am) [Transferred from Louisiana Eastern on 4/28/2023.]
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| Filing 2 Initial Case Assignment to Judge Greg Gerard Guidry and Magistrate Judge Karen Wells Roby. (ess) [Transferred from Louisiana Eastern on 4/28/2023.] |
| Filing 1 NOTICE OF REMOVAL from 24th Judicial District Court, Parish of Jefferson, case number 834598 (Filing fee $ 402 receipt number ALAEDC-9747841) filed by Mt. Hawley Insurance Company, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Listing and Notice of Compliance Pursuant to 28 U.S.C. 1147(b), #3 Exhibit B-1)Attorney Matthew David Fraser added to party Mt. Hawley Insurance Company, Inc.(pty:selreq).(Fraser, Matthew) (Attachment 1 replaced on 1/13/2023) (am). [Transferred from Louisiana Eastern on 4/28/2023.] |
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