MDM Contracting, Inc. dba Centex Construction v. RLI Insurance Company et al
Plaintiff: MDM Contracting, Inc. dba Centex Construction
Defendant: RLI Insurance Company and MT Hawley Insurance Company
Case Number: 1:2023cv04227
Filed: May 22, 2023
Court: US District Court for the Southern District of New York
Presiding Judge: Analisa Torres
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. ยง 1332 in Diversity-Insurance Contract
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on June 4, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 5, 2023 Opinion or Order Filing 14 ORDER granting #13 Motion for Richard L. Smith, III to Appear Pro Hac Vice (HEREBY ORDERED by Judge Analisa Torres)(Text Only Order) (cp)
June 2, 2023 Filing 13 MOTION for Richard L. Smith, III to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27821286. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by MT Hawley Insurance Company, RLI Insurance Company. (Attachments: #1 Text of Proposed Order proposed Order).(Smith, Richard)
June 2, 2023 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #13 MOTION for Richard L. Smith, III to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27821286. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz)
May 24, 2023 Opinion or Order Filing 12 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 5/24/2023) (kv)
May 24, 2023 Opinion or Order Filing 11 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 July 24, 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 5/24/2023) (kv)
May 24, 2023 Opinion or Order Filing 10 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 5/24/2023) (kv)
May 22, 2023 Filing 9 CASE TRANSFERRED IN from the United States District Court - District of Texas Eastern; Case Number: 6:23-cv-00169. Original file certified copy of transfer order and docket entries received.
May 22, 2023 CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case 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..(tro)
May 22, 2023 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. (tro)
May 22, 2023 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..(tro)
May 22, 2023 Case Designated ECF. (tro)
May 19, 2023 Opinion or Order Filing 8 ORDER granting #4 Motion to Change Venue. This case is transferred to the Southern District of New York. Signed by District Judge Jeremy D. Kernodle on 5/19/2023. (gsm) [Transferred from Texas Eastern on 5/22/2023.]
May 18, 2023 Filing 7 RESPONSE to Motion re #4 MOTION to Change Venue filed by MDM Contracting, Inc. dba Centex Construction. (Klasing, Murphy) [Transferred from Texas Eastern on 5/22/2023.]
May 16, 2023 Opinion or Order Filing 6 ORDER TO RESPOND re #4 MOTION to Change Venue filed by RLI Insurance Company, The Court hereby ORDERS Plaintiff to file its response to Defendants motion, if any, by May 19, 2023 Mt. Hawley Insurance Company. Signed by District Judge Jeremy D. Kernodle on 5/16/2023. (gsm) [Transferred from Texas Eastern on 5/22/2023.]
April 28, 2023 Filing 5 NOTICE of Attorney Appearance by Richard Lee Smith, III on behalf of Mt. Hawley Insurance Company, RLI Insurance Company (Smith, Richard) [Transferred from Texas Eastern on 5/22/2023.]
April 25, 2023 Filing 4 MOTION to Change Venue by Mt. Hawley Insurance Company, RLI Insurance Company. (Attachments: #1 Exhibit A (Certified Policy), #2 Exhibit B (4.28.22 Writ of Mandamus), #3 Exhibit C (Spartan v. MH Order), #4 Exhibit D (La Porte Order), #5 Exhibit E (Nusi Amusam Order), #6 Exhibit F (Murray Hill Order), #7 Exhibit G (New Hope Order), #8 Exhibit H (Storm Damage Solutions Order), #9 Exhibit I (Summerwind Order), #10 Exhibit J (La Teresita Order), #11 Exhibit K (UMMID Order), #12 Exhibit L (Burk Holding Order), #13 Exhibit M (Brooks & Brooks Order), #14 Exhibit N (Coleman Order), #15 Text of Proposed Order)(Winslett, Greg) [Transferred from Texas Eastern on 5/22/2023.]
April 17, 2023 Filing 3 Defendants' ANSWER to Complaint and Affirmative Defenses by Mt. Hawley Insurance Company, RLI Insurance Company.(Winslett, Greg) [Transferred from Texas Eastern on 5/22/2023.]
April 13, 2023 In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form #Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge. (wea, ) [Transferred from Texas Eastern on 5/22/2023.]
April 10, 2023 Filing 2 COMPLAINT (PLAINTIFF'S ORIGINAL PETITION AS FILED IN STATE COURT ACTION) against Mt. Hawley Insurance Company, RLI Insurance Company, filed by MDM Contracting, Inc. dba Centex Construction.(wea, ) [Transferred from Texas Eastern on 5/22/2023.]
April 10, 2023 DEMAND for Trial by Jury by Mt. Hawley Insurance Company, RLI Insurance Company. (wea, ) [Transferred from Texas Eastern on 5/22/2023.]
April 10, 2023 District Judge Jeremy D. Kernodle added. (wea, ) [Transferred from Texas Eastern on 5/22/2023.]
April 10, 2023 Filing 1 NOTICE OF REMOVAL by Mt. Hawley Insurance Company, RLI Insurance Company from County Court at Law No. 2 of Gregg County, case number 2023-423-CCL2. (Filing fee $ 402 receipt number ATXEDC-9443635), filed by Mt. Hawley Insurance Company, RLI Insurance Company. (Attachments: #1 Exhibit 1 (Index), #2 Exhibit 2 (Docket Sheet & Filings), #3 Exhibit 3 (List of Parties and Counsel), #4 Exhibit 4 (Demand Letter), #5 Civil Cover Sheet)(Winslett, Greg) [Transferred from Texas Eastern on 5/22/2023.]

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Plaintiff: MDM Contracting, Inc. dba Centex Construction
Represented By: Murphy Scott Klasing
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Defendant: RLI Insurance Company
Represented By: Richard Lee Smith, III
Represented By: Greg Keith Winslett
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Defendant: MT Hawley Insurance Company
Represented By: Richard Lee Smith, III
Represented By: Greg Keith Winslett
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