Penn-Star Insurance Company et al v. CO/Action Specialty Insurance Group
| Penn-Star Insurance Company, Evergreen Tiebout Housing Development Fund Corporation and Evergreen Tiebout, LLC |
| CO/Action Specialty Insurance Group f/k/a Southwest Marine and General Insurance Company |
| 1:2023cv04995 |
| June 14, 2023 |
| US District Court for the Southern District of New York |
| P Kevin Castel |
| Insurance |
| 28 U.S.C. § 1332 Diversity Action |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 4, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 12 REQUEST FOR ISSUANCE OF SUMMONS as to CO/Action Specialty Insurance Group f/k/a Southwest Marine and General Insurance Company, re: #11 Amended Complaint,. Document filed by Evergreen Tiebout Housing Development Fund Corporation, Evergreen Tiebout, LLC, Penn-Star Insurance Company..(Kohane, Dan) |
| Set/Reset Deadlines: Depositions due by 1/15/2024. Discovery due by 2/12/2024. (vfr) |
| Filing 11 AMENDED COMPLAINT amending #1 Complaint, against CO/Action Specialty Insurance Group f/k/a Southwest Marine and General Insurance Company.Document filed by Penn-Star Insurance Company, Evergreen Tiebout, LLC, Evergreen Tiebout Housing Development Fund Corporation. Related document: #1 Complaint,..(Kohane, Dan) |
Filing 10
ORDER: granting #9 Letter Motion for Extension of Time. Mr. Kohane, in the future kindly provide the date you are seeking to adjourn and the date you would like it adjourned to. Do you think it is reasonable to expect me to calculate your original due date (unstated in your letter) and then calculate 14 days from that date? I guess you are too busy for this mundane task so you'll leave it to me. Thanks. Time to amend extended to July 26, 2023. SO ORDERED. Amended Pleadings due by 7/26/2023. (Signed by Judge P. Kevin Castel on 7/11/2023) (ama)
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| Filing 9 LETTER MOTION for Extension of Time to obtain information responsive to June 27, 2023 text order clarifying citizenship of plaintiffs addressed to Judge P. Kevin Castel from Dan D. Kohane dated July 11, 2023. Document filed by Evergreen Tiebout Housing Development Fund Corporation, Evergreen Tiebout, LLC, Penn-Star Insurance Company..(Kohane, Dan) |
| Filing 8 AFFIDAVIT OF SERVICE of Order Intial PreTrial Conference served on CO/Action Specialty Insurance on 7/6/2023. Service was made by MAIL. Document filed by Evergreen Tiebout Housing Development Fund Corporation, Evergreen Tiebout, LLC, Penn-Star Insurance Company..(Kohane, Dan) |
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Filing 7
ORDER INITIAL PRETRIAL CONFERENCE: COUNSEL FOR PLAINTIFF (OR THE REMOVING DEFENDANT) SHALL IMMEDIATELY SEND A COPY OF THIS ORDER TO ALL PARTIES. 1. Counsel for all parties shall appear for an Initial Pretrial Conference, held pursuant to Rule 16 of the Federal Rules of Civil Procedure, September 11, 2023 at 11:30 a.m. Principal trial counsel shall appear at this and all subsequent conferences. 2. The parties shall submit a joint letter five business days prior to the Conference addressing the following in separate paragraphs: (1) a brief description of the case, including the factual and legal bases for the claim(s) and defense(s); (2) any contemplated motions; and (3) the prospect for settlement. The parties shall set forth the date and time of the Conference in the opening paragraph of the joint letter. The call-in information for all teleconferences is: Dial-in: (888) 363-4749, Access Code: 3667981. SO ORDERED.(Initial Conference set for 9/11/2023 at 11:30 AM before Judge P. Kevin Castel.) (Signed by Judge P. Kevin Castel on 7/3/23) (yv)
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Filing 6
ORDER: Within 14 days of this Order, plaintiffs shall amend their complaint to: (1) properly allege the citizenship of Larry Hirschfield; (2) specify the corporate form of plaintiff Penn-Star Insurance Company and defendant CO/ Action Specialty Insurance Group; (3) clarify the citizenship of the defendant; ( 4) clarify how CDT Evergreen, LLC is participating in this suit as a unformed limited liability company, or alternatively, identify under what state law it has been organized; and (5) properly allege the citizenship of each of member of Community Development Trust, L.P. If by this date plaintiffs either fail to amend or are unable to amend to truthfully allege diversity of citizenship, then the action will be dismissed for lack of subject matter jurisdiction without further notice to any party. and as set forth herein. SO ORDERED. (Signed by Judge P. Kevin Castel on 6/27/2023) (ama)
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| Magistrate Judge Jennifer Willis is so redesignated. (sgz) |
| NOTICE OF CASE REASSIGNMENT to Judge P. Kevin Castel. Judge Nelson Stephen Roman is no longer assigned to the case. (sgz) |
| Filing 5 ELECTRONIC SUMMONS ISSUED as to CO/Action Specialty Insurance Group f/k/a Southwest Marine and General Insurance Company..(pc) |
| Filing 4 CIVIL COVER SHEET filed..(Kohane, Dan) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Nelson Stephen Roman. 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 Victoria Reznik 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) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Dan David Kohane. The following case opening statistical information was erroneously selected/entered: Dollar Demand $75,000,000;. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to $75,000;. (pc) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Dan David Kohane to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): second page is missing;. 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 3 REQUEST FOR ISSUANCE OF SUMMONS as to CO/Action Specialty Insurance Group f/k/a Southwest Marine and General Insurance Company, re: #1 Complaint,. Document filed by Evergreen Tiebout Housing Development Fund Corporation, Evergreen Tiebout, LLC, Penn-Star Insurance Company..(Kohane, Dan) |
| Filing 2 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Kohane, Dan) Modified on 6/15/2023 (pc). |
| Filing 1 COMPLAINT against CO/Action Specialty Insurance Group f/k/a Southwest Marine and General Insurance Company. (Filing Fee $ 402.00, Receipt Number ANYSDC-27871004)Document filed by Penn-Star Insurance Company, Evergreen Tiebout, LLC, Evergreen Tiebout Housing Development Fund Corporation..(Kohane, Dan) |
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