Certain Underwriters at LLoyds, London et al v. Dupuy Storage & Forwarding, L.L.C.
| Certain Underwriters at LLoyds, London, Indian Harbor Insurance Company, QBE Specialty Insurance Company, Steadfast Insurance Company, General Security Indemnity Company Of Arizona, United Specialty Insurance Company, Lexington Insurance Company, HDI Global Specialty SE, Old Republic Union Insurance Company, GeoVera Specialty Insurance Company and Transverse Specialty Insurance Company |
| Dupuy Storage & Forwarding, L.L.C. |
| 1:2023cv05096 |
| June 16, 2023 |
| US District Court for the Southern District of New York |
| Jed S Rakoff |
| Other Statutes: Arbitration |
| 09 U.S.C. § 5 Petition to Appoint Arbitrator |
| None |
Docket Report
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| Filing 29 REPLY MEMORANDUM OF LAW in Support re: #3 MOTION to Appoint . . Document filed by Certain Underwriters at LLoyds, London, General Security Indemnity Company Of Arizona, GeoVera Specialty Insurance Company, HDI Global Specialty SE, Indian Harbor Insurance Company, Lexington Insurance Company, Old Republic Union Insurance Company, QBE Specialty Insurance Company, Steadfast Insurance Company, Transverse Specialty Insurance Company, United Specialty Insurance Company..(Weinstein, Jeffrey) |
Filing 28
ORDER GRANTING MOTION TO ADMIT PRO HAC VICE: IT IS HEREBY ORDERED that applicant is admitted to practice pro hac vice in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, included the Rules governing discipline of attorneys. (Signed by Judge Jed S. Rakoff on 7/25/2023) (mml)
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| Filing 27 DECLARATION of William F. Merlin re: #26 Memorandum of Law in Opposition . Document filed by Dupuy Storage & Forwarding, L.L.C.. (Attachments: #1 Exhibit 2, #2 Exhibit 3, #3 Exhibit 4, #4 Exhibit 5, #5 Exhibit 6, #6 Exhibit 7, #7 Exhibit 8, #8 Exhibit 9, #9 Exhibit 10).(Merlin, William) |
| Filing 26 FIRST MEMORANDUM OF LAW in Opposition re: #1 Petition to Appoint Arbitrator,, . Document filed by Dupuy Storage & Forwarding, L.L.C...(Merlin, William) |
| Filing 25 FIRST RESPONSE re: #1 Petition to Appoint Arbitrator,, . Document filed by Dupuy Storage & Forwarding, L.L.C...(Merlin, William) |
| Filing 24 NOTICE OF APPEARANCE by William Firman Merlin, Jr on behalf of Dupuy Storage & Forwarding, L.L.C...(Merlin, William) |
| Filing 23 FILING ERROR - DEFICIENT DOCKET ENTRY - FIRST MOTION for DANIEL W. BALLARD to Appear Pro Hac Vice DANIEL W. BALLARD. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Dupuy Storage & Forwarding, L.L.C.. (Attachments: #1 Affidavit of Daniel Ballard, Esq., #2 Text of Proposed Order Proposed Order, #3 Affidavit A Certificate of Good Standing CT).(Ballard, Daniel) Modified on 7/21/2023 (sgz). |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE re: Document No. #23 FIRST MOTION for DANIEL W. BALLARD to Appear Pro Hac Vice DANIEL W. BALLARD. Motion and supporting papers to be reviewed by Clerk's Office staff. The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Colorado; expired Certificate of Good Standing from New York, Pennsylvania, New Jersey, Connecticut and Florida; the filing fee was not paid. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. Pay the filing fee using the event Pro Hac Vice Fee Payment found under the event list Other Documents. (sgz) |
| Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 7/17/2023 without recording or transcription,during which counsel for all parties was present. The respondents unopposed request for an extension of time to file a response to the petition is granted. The deadline for respondent to file a response is extended to July 24, 2023. |
| Filing 22 SUMMONS RETURNED EXECUTED Summons and Petition to Appoint Arbitrator,, served. Dupuy Storage & Forwarding, L.L.C. served on 6/23/2023, answer due 7/14/2023. Service was accepted by Janet Colley, the Owner and Registered Agent. Document filed by United Specialty Insurance Company; Transverse Specialty Insurance Company; QBE Specialty Insurance Company; Lexington Insurance Company; Old Republic Union Insurance Company; Indian Harbor Insurance Company; HDI Global Specialty SE; Steadfast Insurance Company; Certain Underwriters at LLoyds, London; GeoVera Specialty Insurance Company; General Security Indemnity Company Of Arizona..(Weinstein, Jeffrey) |
| Filing 21 AFFIDAVIT OF SERVICE of PETITION FOR ORDER DESIGNATING AND APPOINTING AN UMPIRE IN AN ARBITRATION, CIVIL COVER SHEET, NOTICE OF PETITION FOR ORDER DESIGNATING AND APPOINTING AN UMPIRE IN AN ARBITRATION, DECLARATION OF JEFFREY S. WEINSTEIN, ESQ. IN SUPPORT OF PETITIONER'S PETITION TO DESIGNATE AND APPOINT AN UMPIRE IN ARBITRATION WITH EXHIBIT(S), AND NOTICE OF APPEARANCE served on DUPUY STORAGE & FORWARDING, L.L.C. on June 21, 2023. Service was accepted by Karen Cameron Director of Human Resources. Document filed by Certain Underwriters at LLoyds, London, General Security Indemnity Company Of Arizona, GeoVera Specialty Insurance Company, HDI Global Specialty SE, Indian Harbor Insurance Company, Lexington Insurance Company, Old Republic Union Insurance Company, QBE Specialty Insurance Company, Steadfast Insurance Company, Transverse Specialty Insurance Company, United Specialty Insurance Company..(Weinstein, Jeffrey) |
| Filing 20 ELECTRONIC SUMMONS ISSUED as to Dupuy Storage & Forwarding, L.L.C...(gp) |
| Filing 19 REQUEST FOR ISSUANCE OF SUMMONS as to Dupuy Storage & Forwarding L.L.C., re: #1 Petition to Appoint Arbitrator,,. Document filed by Certain Underwriters at LLoyds, London, General Security Indemnity Company Of Arizona, GeoVera Specialty Insurance Company, HDI Global Specialty SE, Indian Harbor Insurance Company, Lexington Insurance Company, Old Republic Union Insurance Company, QBE Specialty Insurance Company, Steadfast Insurance Company, Transverse Specialty Insurance Company, United Specialty Insurance Company..(Weinstein, Jeffrey) |
| Filing 18 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Transverse Insurance Group LLC for Transverse Specialty Insurance Company. Document filed by Transverse Specialty Insurance Company..(Weinstein, Jeffrey) |
| Filing 17 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Old Republic International Company for Old Republic Union Insurance Company. Document filed by Old Republic Union Insurance Company..(Weinstein, Jeffrey) |
| Filing 16 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent HDI Global SE, Corporate Parent Hanover Re, Other Affiliate Talanx Group for HDI Global Specialty SE. Document filed by HDI Global Specialty SE..(Weinstein, Jeffrey) |
| Filing 15 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent American International Group, Inc, Corporate Parent AIG Property Casualty, Inc., Other Affiliate Vanguard Group, Inc for Lexington Insurance Company. Document filed by Lexington Insurance Company..(Weinstein, Jeffrey) |
| Filing 14 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent State National Insurance Company, Inc. for United Specialty Insurance Company. Document filed by United Specialty Insurance Company..(Weinstein, Jeffrey) |
| Filing 13 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent SCOR Reinsurance Company, Inc. for General Security Indemnity Company Of Arizona. Document filed by General Security Indemnity Company Of Arizona..(Weinstein, Jeffrey) |
| Filing 12 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Zurich Insurance Company Ltd, Corporate Parent Zurich American Insurance Company, Corporate Parent Zurich Insurance Group Ltd, Corporate Parent Zurich Holding Company of America, Inc. for Steadfast Insurance Company. Document filed by Steadfast Insurance Company..(Weinstein, Jeffrey) |
| Filing 11 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent QBE Holdings, Inc., Corporate Parent QBE Investments (North America), Inc, Corporate Parent QBE Insurance Holdings Pty. Ltd., Corporate Parent QBS Insurance Group Ltd for QBE Specialty Insurance Company. Document filed by QBE Specialty Insurance Company..(Weinstein, Jeffrey) |
| Filing 10 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent X.L. America, Inc., Corporate Parent XLIT LTD., Corporate Parent XL Bermuda Ltd, Corporate Parent XL Group Ltd, Corporate Parent XL Reinsurance of America, Inc., Corporate Parent Excel Holding Limited, Corporate Parent XL Specialty Insurance Company for Indian Harbor Insurance Company. Document filed by Indian Harbor Insurance Company..(Weinstein, Jeffrey) |
| Filing 9 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate Syndicate 33 at Lloyd's of London, Other Affiliate Syndicate 510 at Lloyd's of London, Other Affiliate Talanx AG, Other Affiliate Tokio Marine Holdings, Inc., Other Affiliate Hiscox Ltd., Other Affiliate Tokio Marine Kiln Group Limited, Other Affiliate Argenta Syndicate Management Limited, Other Affiliate Brit Limited, Other Affiliate AEGIS Electric & Gas International Services Limited, Other Affiliate Tokio Marine Kiln Syndicates Limited, Other Affiliate Tokio Marine Underwriting Limited, Other Affiliate QBE Underwriting Limited, Other Affiliate Brit Syndicates Limited, Other Affiliate Argenta Holdings Limited, Other Affiliate Syndicate 2987, Other Affiliate Syndicate 1225, Other Affiliate Syndicate 2121, Other Affiliate Syndicate 2988, Other Affiliate Hanover Re, Other Affiliate Syndicate 1886 for Certain Underwriters at LLoyds, London, Other Affiliate AEGIS Electric & Gas International Services 5 Limited, Other Affiliate Hanover Ruck SE, Other Affiliate Aegis Electric & Gas International Services 4 Limited, Other Affiliate QBE Insurance, Other Affiliate OMERS (Ontario Municipal Employees Retirement System), Other Affiliate Syndicate 1880, Other Affiliate Syndicate 1618, Other Affiliate Blackstone Tactical Opportunities, Other Affiliate Tokio Marine & Nichido Insurance Co Ltd, Other Affiliate Fairfax Finance Holdings Limited, Other Affiliate Haftpflichtverbrand der Deutsch Industrie V.a.G., Other Affiliate Hiscox Syndicates Limited for Certain Underwriters at LLoyds, London. Document filed by Certain Underwriters at LLoyds, London..(Weinstein, Jeffrey) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jed S. Rakoff. 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..(jgo) |
| 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. (jgo) |
| Case Designated ECF. (jgo) |
| Filing 8 NOTICE OF APPEARANCE by Jack Ryan Barton on behalf of Certain Underwriters at LLoyds, London, General Security Indemnity Company Of Arizona, GeoVera Specialty Insurance Company, HDI Global Specialty SE, Indian Harbor Insurance Company, Lexington Insurance Company, Old Republic Union Insurance Company, QBE Specialty Insurance Company, Steadfast Insurance Company, Transverse Specialty Insurance Company, United Specialty Insurance Company..(Barton, Jack) |
| Filing 7 NOTICE OF APPEARANCE by Samuel Weiss on behalf of Certain Underwriters at LLoyds, London, General Security Indemnity Company Of Arizona, GeoVera Specialty Insurance Company, HDI Global Specialty SE, Indian Harbor Insurance Company, Lexington Insurance Company, Old Republic Union Insurance Company, QBE Specialty Insurance Company, Steadfast Insurance Company, Transverse Specialty Insurance Company, United Specialty Insurance Company..(Weiss, Samuel) |
| Filing 6 NOTICE OF APPEARANCE by David Andrew Nelson on behalf of Certain Underwriters at LLoyds, London, General Security Indemnity Company Of Arizona, GeoVera Specialty Insurance Company, HDI Global Specialty SE, Indian Harbor Insurance Company, Lexington Insurance Company, Old Republic Union Insurance Company, QBE Specialty Insurance Company, Steadfast Insurance Company, Transverse Specialty Insurance Company, United Specialty Insurance Company..(Nelson, David) |
| Filing 5 MEMORANDUM OF LAW in Support re: #3 MOTION to Appoint . . Document filed by Certain Underwriters at LLoyds, London, General Security Indemnity Company Of Arizona, GeoVera Specialty Insurance Company, HDI Global Specialty SE, Indian Harbor Insurance Company, Lexington Insurance Company, Old Republic Union Insurance Company, QBE Specialty Insurance Company, Steadfast Insurance Company, Transverse Specialty Insurance Company, United Specialty Insurance Company..(Weinstein, Jeffrey) |
| Filing 4 DECLARATION of Jeffrey S Weistein in Support re: #3 MOTION to Appoint .. Document filed by Certain Underwriters at LLoyds, London, General Security Indemnity Company Of Arizona, GeoVera Specialty Insurance Company, HDI Global Specialty SE, Indian Harbor Insurance Company, Lexington Insurance Company, Old Republic Union Insurance Company, QBE Specialty Insurance Company, Steadfast Insurance Company, Transverse Specialty Insurance Company, United Specialty Insurance Company. (Attachments: #1 Exhibit 1 - Policy, #2 Exhibit 2 Respondents Louisiana Complaint, #3 Exhibit 3 Insurers Louisiana Motion to Compel Arbitration, #4 Exhibit 4 Louisiana Order Compelling Arbitration, #5 Exhibit 5 May 1 Email Thread, #6 Exhibit 6 May 6 Email Thread, #7 Exhibit 7 May 26 Email Thread, #8 Exhibit 8 May 31 Email Thread, #9 Exhibit 9 May 30 Email Thread, #10 Exhibit 10 June 5 Email Thread, #11 Exhibit 11 June 8 Email Thread, #12 Exhibit 12 June 14 Email Thread, #13 Exhibit 13 June 14 Email Thread, #14 Exhibit 14 June 15 Email Thread, #15 Exhibit 15 June 16 Email Thread, #16 Exhibit 16 Hon. Michael Dolinger (Ret.) Biography, #17 Exhibit 17 Hon. Fran Maas (Ret.) Biography, #18 Exhibit 18 Hon. John Gleeson (Ret.) Biography, #19 Exhibit 19 Hon. Dan Hind (Ret.) Biography, #20 Exhibit 20 Carter Reid, Esq. Biography, #21 Exhibit 21 Robert Wittenberg Biography).(Weinstein, Jeffrey) |
| Filing 3 MOTION to Appoint . Document filed by Certain Underwriters at LLoyds, London, General Security Indemnity Company Of Arizona, GeoVera Specialty Insurance Company, HDI Global Specialty SE, Indian Harbor Insurance Company, Lexington Insurance Company, Old Republic Union Insurance Company, QBE Specialty Insurance Company, Steadfast Insurance Company, Transverse Specialty Insurance Company, United Specialty Insurance Company..(Weinstein, Jeffrey) |
| Filing 2 CIVIL COVER SHEET filed..(Weinstein, Jeffrey) |
| Filing 1 PETITION TO APPOINT ARBITRATOR. (Filing Fee $ 402.00, Receipt Number ANYSDC-27884752).Document filed by United Specialty Insurance Company, Transverse Specialty Insurance Company, QBE Specialty Insurance Company, Lexington Insurance Company, Old Republic Union Insurance Company, Indian Harbor Insurance Company, HDI Global Specialty SE, Steadfast Insurance Company, Certain Underwriters at LLoyds, London, GeoVera Specialty Insurance Company, General Security Indemnity Company Of Arizona..(Weinstein, Jeffrey) |
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