Hanover Foods Corporation v. Axis Surplus Insurance Company et al
| Hanover Foods Corporation |
| Axis Surplus Insurance Company, Everest Indemnity Insurance Company, Ironshore Specialty Insurance Company, StarStone Specialty Insurance Company, Arch Specialty Insurance Company, Lexington Insurance Company, SWISS RE CORPORATE SOLUTIONS CAPACITY INSURANCE CORPORATION and First Specialty Insurance Corporation |
| BRIDGEWAY INSURANCE COMPANY and FIDELIS UNDERWRITING LIMITED, LIRMA F0012 |
| 1:2023cv04842 |
| June 8, 2023 |
| US District Court for the Southern District of New York |
| Jesse M Furman |
| Insurance |
| 28 U.S.C. § 1441 in Petition for Removal- Insurance Contract |
| Both |
Docket Report
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This docket was last retrieved on July 7, 2023. A more recent docket listing may be available from PACER.
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| CASE REMANDED OUT from the U.S.D.C. Southern District of New York to the State Court - Supreme Court of the State of New York, County of New York. Sent certified copy of docket entries and remand order. Mailed via UPS Tracking Number 1Z E22 E53 37 1007 750 6 on 7/14/23. (yv) |
Filing 26
STIPULATION AND ORDER OF VOLUNTARY REMAND. While Defendants take exception to Plaintiff's stated objections and the reasons therefor, the parties have nevertheless agreed to remand the case to New York County's Commercial Division to avoid motion practice relative to the Notice of Removal. In consideration for the voluntary remand, all parties agree to have this matter assigned to the Supreme Court of the State of New York, New York County, Commercial Division, and agree that the case meets the requirement of the Division set forth in Uniform Rule 202.70(a), (b), and (c). It is expressly agreed that all parties mutually reserve all rights under the Policies and applicable law in all respects, including as to their respective contentions as to coverage, if any, and, the nature, scope and extent of damages claimed. It is further agreed that Defendants shall file their respective responses to the Complaint within 15 days of the notice of the remand Order being filed with the Supreme Court of the State of New York, New York County, Commercial Division. Each party is to bear its own fees and costs. Any pending motions are moot. Allconferences are vacated. The Clerk ofCourt is directed to remand this actionforthwith and to close the case on thisCourt's docket. SO ORDERED. (Signed by Judge Jesse M. Furman on 7/7/23) (yv)
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| Transmission to Docket Assistant Clerk. Transmitted re: #26 Stipulation and Order, to the Docket Assistant Clerk for case processing. (yv) |
| Filing 25 PROPOSED STIPULATION AND ORDER. Document filed by Arch Specialty Insurance Company, Axis Surplus Insurance Company, Fidelis Underwriting Limited, LIRMA F0012, Lexington Insurance Company, StarStone Specialty Insurance Company..(Murphy, Courtney) |
| Filing 24 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Hanover Foods Corporation..(Zola, Jared) |
| Filing 23 ANSWER to Complaint with JURY DEMAND. Document filed by Axis Surplus Insurance Company..(Murphy, Courtney) |
| Filing 22 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent AXIS Insurance Company, Corporate Parent AXIS Specialty Global Holdings Limited, Corporate Parent AXIS Specialty U.S. Holdings, Inc., Corporate Parent Axis Capital Holdings Limited, Other Affiliate AXS. T. Rowe Price Associates, Inc. for Axis Surplus Insurance Company. Document filed by Axis Surplus Insurance Company..(Murphy, Courtney) |
| Filing 21 ANSWER to Complaint with JURY DEMAND. Document filed by Arch Specialty Insurance Company..(Murphy, Courtney) |
| Filing 20 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Arch Capital Group Ltd., Corporate Parent Arch Reinsurance Company, Corporate Parent Arch Insurance Company for Arch Specialty Insurance Company. Document filed by Arch Specialty Insurance Company..(Murphy, Courtney) |
| Filing 19 ANSWER to Complaint with JURY DEMAND. Document filed by Lexington Insurance Company..(Murphy, Courtney) |
| Filing 18 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent American International Group, Inc., Corporate Parent AIG Property Casualty U.S., Inc., Corporate Parent AIG Property Casualty Inc. for Lexington Insurance Company. Document filed by Lexington Insurance Company..(Murphy, Courtney) |
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Filing 17
STIPULATION EXTENDING TIME TO ANSWER COMPLAINT, IT IS HEREBY STIPULATED and agreed, by and between Plaintiff and Defendants Axis Surplus Insurance Company, Lexington Insurance Company, StarStone, Arch Specialty Insurance Company, and Fidelis Underwriting Limited, LIRMA F0012's that the foregoing Defendants' time to answer, move or otherwise respond to Plaintiff's Complaint is extended to and through June 22, 2023; IT IS FURTHER STIPULATED and agreed, that in consenting to this extension, Plaintiff does not waive its right to contest the removal to this Court and, reserves all rights generally; The Clerk of Court is directed to terminate ECF No. 13. SO ORDERED. Motions terminated: #13 LETTER MOTION for Extension of Time to File Answer to Plaintiff's Complaint addressed to Judge Jesse M. Furman from Courtney E. Murphy dated June 19, 2023. filed by StarStone Specialty Insurance Company, Lexington Insurance Company, Fidelis Underwriting Limited, LIRMA F0012, Axis Surplus Insurance Company, Arch Specialty Insurance Company. (Signed by Judge Jesse M. Furman on 6/20/23) (yv)
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| Filing 16 FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Swiss Reinsurance Company Ltd., Corporate Parent SR Corporate Solutions America Holding Corporation, Corporate Parent Swiss Re Ltd, Corporate Parent Swiss Re Corporate Solutions Holding Company Ltd., Corporate Parent Swiss Re Corporate Solutions America Insurance Corporation for First Specialty Insurance Corporation. Document filed by First Specialty Insurance Corporation..(Gonzalez, Matthew) |
| Filing 15 FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Munich-American Holding Corporation, Corporate Parent Munchener Ruckversicherungs-Gesellschaft Aktiengesellschaft in Munchen, Corporate Parent Munich Re America Corporation for Bridgeway Insurance Company. Document filed by Bridgeway Insurance Company..(Gonzalez, Matthew) |
| Filing 14 FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Everest Reinsurance Company, Corporate Parent Everest Re Group, Ltd., Corporate Parent Everest Reinsurance Holdings, Inc., Corporate Parent Everest Underwriting Group (Ireland) Limited for Everest Indemnity Insurance Company. Document filed by Everest Indemnity Insurance Company..(Gonzalez, Matthew) |
| Filing 13 LETTER MOTION for Extension of Time to File Answer to Plaintiff's Complaint addressed to Judge Jesse M. Furman from Courtney E. Murphy dated June 19, 2023. Document filed by Arch Specialty Insurance Company, Axis Surplus Insurance Company, Fidelis Underwriting Limited, LIRMA F0012, Lexington Insurance Company, StarStone Specialty Insurance Company..(Murphy, Courtney) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Notice to Attorney Matthew Luis Gonzalez to RE-FILE Document Nos. #10 Rule 7.1 Corporate Disclosure Statement, #9 Rule 7.1 Corporate Disclosure Statement and #11 Rule 7.1 Corporate Disclosure Statement. These filings are deficient for the following reason(s): not all corporate parents/other affiliates were added;. Re-file these documents 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 or No radio button - If Yes - 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 12 ANSWER to Complaint with JURY DEMAND. Document filed by Bridgeway Insurance Company, Everest Indemnity Insurance Company, First Specialty Insurance Corporation..(Gonzalez, Matthew) |
| Filing 11 FILING ERROR - NOT ALL CORPORATE PARENTS/OTHER AFFILIATES WERE ADDED - FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Swiss Re Ltd for First Specialty Insurance Corporation. Document filed by First Specialty Insurance Corporation..(Gonzalez, Matthew) Modified on 6/16/2023 (lb). |
| Filing 10 FILING ERROR - NOT ALL CORPORATE PARENTS/OTHER AFFILIATES WERE ADDED - FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Everest Reinsurance Company for Everest Indemnity Insurance Company. Document filed by Everest Indemnity Insurance Company..(Gonzalez, Matthew) Modified on 6/16/2023 (lb). |
| Filing 9 FILING ERROR - NOT ALL CORPORATE PARENTS/OTHER AFFILIATES WERE ADDED - FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Munich Re America Corporation for Bridgeway Insurance Company. Document filed by Bridgeway Insurance Company..(Gonzalez, Matthew) Modified on 6/16/2023 (lb). |
| Filing 8 ANSWER to Complaint with JURY DEMAND. Document filed by Ironshore Specialty Insurance Company..(Sipple, Brandon) |
| Filing 7 NOTICE OF APPEARANCE by Jared Zola on behalf of Hanover Foods Corporation..(Zola, Jared) |
| Filing 6 CERTIFICATE OF SERVICE of NOTICE OF CONFERENCE AND INDIVIDUAL RULES served on Hanover Foods Corporation on 06/14/2023. Service was made by MAIL. Document filed by Bridgeway Insurance Company, Everest Indemnity Insurance Company, First Specialty Insurance Corporation..(Golfman, Peter) |
| Filing 5 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Liberty Mutual Holding Company Inc., Other Affiliate Liberty Mutual Insurance Company, Other Affiliate LMHC Massachusetts Holdings, Inc., Other Affiliate Ironshore Holding (U.S.) Inc., Other Affiliate Liberty Mutual Group, Inc. for Ironshore Specialty Insurance Company. Document filed by Ironshore Specialty Insurance Company..(Sipple, Brandon) |
| Filing 4 NOTICE OF APPEARANCE by Brandon Lawrence Sipple on behalf of Ironshore Specialty Insurance Company..(Sipple, Brandon) |
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Filing 3
NOTICE OF INITIAL PRETRIAL CONFERENCE: The parties should join the conference by calling the Court's dedicated conference line at (888) 363-4749 and using access code 542-1540, followed by the pound (#) key. As further set forth by this Order. SO ORDERED. Initial Conference set for 7/25/2023 at 09:00 AM before Judge Jesse M. Furman. (Signed by Judge Jesse M. Furman on 6/12/2023) (tg)
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| Filing 2 CIVIL COVER SHEET filed..(Gonzalez, Matthew) |
| 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. (pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jesse M. Furman. 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) |
| Case Designated ECF. (pc) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Matthew Luis Gonzalez. The party information for the following party/parties has been modified: FIDELIS UNDERWRITING LIMITED, LIRMA F0012, BRIDGEWAY INSURANCE COMPANY, SWISS RE CORPORATE SOLUTIONS CAPACITY INSURANCE CORPORATION,. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party name was entered in all caps; party role was entered incorrectly; alias party name was omitted;. (pc) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Matthew Luis Gonzalez. The following case opening statistical information was erroneously selected/entered: County code New York;. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State;. (pc) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Matthew Luis Gonzalez to RE-FILE Document No. #1 Notice of Removal,,. The filing is deficient for the following reason(s): the event wrong event type was used to file the civil cover sheet; civil cover sheet was not signed. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF.. (pc) |
| Filing 1 NOTICE OF REMOVAL from New York Supreme Court, County of New York. Case Number: 652127/2023. (Filing Fee $ 402.00, Receipt Number ANYSDC-27848287).Document filed by Everest Indemnity Insurance Company, BRIDGEWAY INSURANCE COMPANY, SWISS RE CORPORATE SOLUTIONS CAPACITY INSURANCE CORPORATION. (Attachments: #1 Exhibit EXHIBIT A - SUMMONS AND COMPLAINT, #2 Exhibit EXHIBIT B - AFFIDAVITS OF SERVICE, #3 Exhibit EXHIBIT C - AFFIDAVITS OF SERVICE, #4 Civil Cover Sheet CIVIL COVER SHEET).(Gonzalez, Matthew) |
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