The Travelers Indemnity Company of America v. Southwest Marine and General Insurance Company
| The Travelers Indemnity Company of America |
| Southwest Marine and General Insurance Company |
| 1:2023cv04567 |
| May 31, 2023 |
| US District Court for the Southern District of New York |
| Jennifer E Willis |
| Insurance |
| 28 U.S.C. § 1332 jd Diversity-Declaratory Judgement |
| None |
Docket Report
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Filing 16
NOTICE, CONSENT, AND REFERENCE OF A CIVIL ACTION TO A MAGISTRATE JUDGE by Southwest Marine and General Insurance Company, The Travelers Indemnity Company of America. (Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Magistrate Judge Jennifer E Willis. IT IS ORDERED: This case is referred to a United States magistrate judge to conduct all proceedings and order the entry of a final judgment in accordance with 28 U.S.C. 636(c) and Fed. R. Civ. P. 73. (Signed by Judge Gregory H. Woods on 7/28/2023).(kv)
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| Filing 15 PROPOSED CONSENT TO JURISDICTION BY US MAGISTRATE JUDGE by Southwest Marine and General Insurance Company. Document filed by Southwest Marine and General Insurance Company..(Weiner, Steven) |
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Filing 14
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 must discuss whether they are willing to consent, under 28 U.S.C. 636(c), to conducting all further proceedings before the assigned Magistrate Judge. If both parties consent to proceed before the Magistrate Judge, counsel for the defendant must, within two weeks of the date of this order file on ECF a fully executed Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form, a copy of which is attached to this order (and also available at https://nysd.uscourts.gov/sites /default/files/2018-06/AO-3.pdf). The executed form should be filed on ECF as a "Proposed Consent to Jurisdiction by US Magistrate Judge," and be described using the "Proposed Consent to Jurisdiction by US Magistrate Judge" filing event in accordance with ECF Rule 13.27. If the Court approves that form, all further proceedings will then be conducted before the assigned Magistrate Judge rather than before me. Any appeal would be taken directly to the United States Court of Appeals for the Second Circuit, as it would be if the consent form were not signed and so ordered. If either party does not consent to conducting all further proceedings before the assigned Magistrate Judge, the parties must file a joint letter, within two weeks of the date of this order advising the Court that the parties do not consent, but without disclosing the identity of the party or parties who do not consent. The parties are free to withhold consent without negative consequences. SO ORDERED. (Signed by Judge Gregory H. Woods on 7/17/2023) (jca)
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| Filing 13 ANSWER to #1 Complaint. Document filed by Southwest Marine and General Insurance Company..(Weiner, Steven) |
| Filing 12 FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent New York Marine & General Insurance Co. for Southwest Marine and General Insurance Company. Document filed by Southwest Marine and General Insurance Company..(Weiner, Steven) |
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Filing 11
STIPULATION AND ORDER EXTENDING TIME RESPOND TO COMPLAINT: IT IS HEREBY STIPULATED AND AGREED by and between the undersigned attorneys for the parties that the time within which Defendant SOUTHWEST MARINE & GENERAL INSURANCE COMPANY may move, answer, or otherwise respond to the Complaint is hereby extended up to and including August 10, 2023. Service of Process was effected on or about June 5, 2023 and the deadline to answer or otherwise respond to the Complaint was June 26, 2023. No provision of this Stipulation and Order shall be construed as a waiver of, and Defendant SOUTHWEST MARINE & GENERAL INSURANCE COMPANY expressly reserves, any and all defenses. The deadline for Defendants to answer or otherwise respond to the complaint is extended to August 10, 2023. The Clerk of Court is directed to terminate the motion pending at Dkt. No. 10. Motions terminated: #10 FIRST LETTER MOTION for Extension of Time to File Answer re: #8 Proposed Stipulation and Order Extending Time to Answer addressed to Judge Gregory H. Woods from Steven A. Weiner dated July 14, 2023. filed by Southwest Marine and General Insurance Company. Southwest Marine and General Insurance Company answer due 8/10/2023. (Signed by Judge Gregory H. Woods on 7/17/2023) (rro)
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| Filing 10 FIRST LETTER MOTION for Extension of Time to File Answer re: #8 Proposed Stipulation and Order Extending Time to Answer addressed to Judge Gregory H. Woods from Steven A. Weiner dated July 14, 2023. Document filed by Southwest Marine and General Insurance Company..(Weiner, Steven) |
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Filing 9
ORDER DENY DKT. NO. 8. The Court declines to act on that submission because the parties failed to review and comply with the Court's Individual Rules of Practice in Civil Cases, in particular Rule 1(F). Should the parties wish for the Court to act on this submission, counsel is directed to resubmit it in accordance with Judge Woods's Individual Rules. (HEREBY ORDERED by Judge Gregory H. Woods) (Text Only Order) (wv)
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| Filing 8 PROPOSED STIPULATION AND ORDER. Document filed by Southwest Marine and General Insurance Company..(Weiner, Steven) |
| Filing 7 SUMMONS RETURNED EXECUTED Summons and Complaint served. Southwest Marine and General Insurance Company served on 6/5/2023, answer due 6/26/2023. Service was accepted by Brian Aubourg, General Agent. Document filed by The Travelers Indemnity Company of America..(Szczepanski, Lisa) |
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Filing 6
NOTICE OF INITIAL PRETRIAL CONFERENCE: This case has been assigned to me for all purposes. It is hereby ORDERED that counsel for all parties participate in an initial pretrial conference with the Court at the time listed below. All pretrial conferences must be attended by the attorney who will serve as principal trial counsel. Any open legal issues can be addressed at the conference. DUE DATE OF JOINT LETTER and PROPOSED CASE MANAGEMENT PLAN: August 17, 2023. DATE AND TIME OF CONFERENCE: August 24, 2023 at 1:00 p.m. The conference will be conducted by telephone. The parties are directed to the Court's Individual Rules of Practice in Civil Cases, which are available on the Courts website. Rule 2 of the Court's Individual Rules contains the dial-in number for the conference and other relevant instructions. The parties are specifically directed to comply with Rule 2(B) of the Court's Individual Rules. and as set forth herein. SO ORDERED.Telephonic Initial Conference set for 8/24/2023 at 01:00 PM before Judge Gregory H. Woods. (Signed by Judge Gregory H. Woods on 6/02/2023) (ama)
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| Filing 5 ELECTRONIC SUMMONS ISSUED as to Southwest Marine and General Insurance Company..(pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Gregory H. Woods. 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 Jennifer Willis 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) |
| Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent The Travelers Companies Inc., Corporate Parent The Travelers Indemnity Company, Corporate Parent Travelers Property Casualty Corp., Corporate Parent The Phoenix Insurance Company, Corporate Parent Travelers Insurance Group Holdings Inc. for The Travelers Indemnity Company of America. Document filed by The Travelers Indemnity Company of America..(Szczepanski, Lisa) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Southwest Marine and General Insurance Company, re: #1 Complaint. Document filed by The Travelers Indemnity Company of America..(Szczepanski, Lisa) |
| Filing 2 CIVIL COVER SHEET filed..(Szczepanski, Lisa) |
| Filing 1 COMPLAINT against Southwest Marine and General Insurance Company. (Filing Fee $ 402.00, Receipt Number ANYSDC-27811568)Document filed by The Travelers Indemnity Company of America..(Szczepanski, Lisa) |
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| Plaintiff: The Travelers Indemnity Company of America | |
| Represented By: | Lisa Marie Szczepanski |
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| Defendant: Southwest Marine and General Insurance Company | |
| Represented By: | Steven Allen Weiner |
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