Forge Underwriting Ltd. v. AmTrust Financial Services, Inc.
Forge Underwriting Ltd. |
AmTrust Financial Services, Inc. |
1:2023cv06201 |
July 18, 2023 |
US District Court for the Southern District of New York |
Jennifer L Rochon |
Insurance |
28 U.S.C. § 1332 Diversity Action |
None |
Docket Report
This docket was last retrieved on October 19, 2023. A more recent docket listing may be available from PACER.
Document Text |
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Filing 23 DECLARATION of Scott W. Schwartz in Opposition re: #16 MOTION to Compel Arbitration / Respondent's Notice of Cross-Motion to Compel Arbitration.. Document filed by Forge Underwriting Ltd.. (Attachments: #1 Exhibit A - English Arbitration Act of 1996, #2 Exhibit B - Ontario International Commercial Arbitration Act, #3 Exhibit C - Hiscox Policy, #4 Exhibit D - Transcript).(Schwartz, Scott) |
Filing 22 MEMORANDUM OF LAW in Opposition re: #16 MOTION to Compel Arbitration / Respondent's Notice of Cross-Motion to Compel Arbitration. And Reply In Support of Motion for Preliminary Injunction. Document filed by Forge Underwriting Ltd...(Schwartz, Scott) |
Filing 21 RESPONSE re: #15 Response, to Counter-Claims. Document filed by Forge Underwriting Ltd...(Schwartz, Scott) |
Filing 20 ORDER granting #19 Motion for Peter M. Gillon to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jennifer L. Rochon)(Text Only Order) (aba) |
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #19 MOTION for Peter M. Gillon to Appear Pro Hac Vice (Filing fee -Receipt # ANYSDC-28174155. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz) |
Filing 19 MOTION for Peter M. Gillon to Appear Pro Hac Vice (Filing fee -Receipt # ANYSDC-28174155. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by AmTrust Financial Services, Inc.. (Attachments: #1 Affidavit in Support, #2 Exhibit A - DC Certificate of Good Standing, #3 Exhibit B - Florida Certificate of Good Standing, #4 Proposed Order for Pro Hac Vice Admission).(Gillon, Peter) Modified on 8/31/2023 (sgz). |
Filing 18 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Peter M. Gillon to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by AmTrust Financial Services, Inc.. (Attachments: #1 Affidavit of Peter Gillon in Support of Motion to Appear Pro Hac Vice, #2 Exhibit A - DC Certificate of Good Standing, #3 Exhibit B - Florida Certificate of Good Standing, #4 Proposed Order for Admission Pro Hac Vice).(Gillon, Peter) Modified on 8/21/2023 (vba). |
>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE re: Document No. #18 MOTION for Peter M. Gillon to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): expired Certificate of Good Standing from Supreme Court of 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. (vba) |
Filing 17 MEMORANDUM OF LAW in Support re: #16 MOTION to Compel Arbitration / Respondent's Notice of Cross-Motion to Compel Arbitration. . Document filed by AmTrust Financial Services, Inc...(Sills, Robert) |
Filing 16 MOTION to Compel Arbitration / Respondent's Notice of Cross-Motion to Compel Arbitration. Document filed by AmTrust Financial Services, Inc...(Sills, Robert) |
Filing 15 RESPONSE re: #1 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration, Respondent's Answer to Verified Petition and Counterclaim. Document filed by AmTrust Financial Services, Inc.. (Attachments: #1 Exhibit 1 - Arbitration Demand, #2 Exhibit 2 - July 10, 12, and 17 Letters, #3 Exhibit 3 - July 20 Letter, #4 Exhibit 4 - August 15 Letter).(Sills, Robert) |
Filing 14 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Evergreen Parent L.P. for AmTrust Financial Services, Inc.. Document filed by AmTrust Financial Services, Inc...(Sills, Robert) |
Filing 13 NOTICE OF APPEARANCE by Tamara Dawn Bruno on behalf of AmTrust Financial Services, Inc...(Bruno, Tamara) |
Filing 12 NOTICE OF APPEARANCE by Ryan Adelsperger on behalf of AmTrust Financial Services, Inc...(Adelsperger, Ryan) |
Filing 11 NOTICE OF APPEARANCE by Robert L. Sills on behalf of AmTrust Financial Services, Inc...(Sills, Robert) |
Filing 10 STIPULATION AND SCHEDULING ORDER: NOW, THEREFORE, the parties stipulate and agree as follows: 1.Counsel for AmTrust hereby waives service of the summons herein and accepts service of the Petition, ECF No. 1; 2.AmTrust shall file (a) its papers in opposition to the motion for a preliminary injunction and (b) in support of its cross-motion to compel arbitration on or before August 17, 2023; 3.Forge shall file its papers (a) in opposition to the motion to compel arbitration and(b)in reply on its motion for a preliminary injunction on or before September 7, 2023; 4.AmTrust shall file its papers in reply on its motion to compel arbitration on or before September 21, 2023; 5.Pending the hearing and determination of the motion and cross-motion AmTrust shall not proceed against Forge in the Arbitration, provided, however, that AmTrust may move for relief from this paragraph, upon notice, and for good cause shown; and 6.Either party may request oral argument in accordance with Paragraph 3(G) of the Court's Individual Rules of Practice in Civil Cases; and 7.This stipulation and order is without prejudice to any claim or defense of AmTrust other than the defenses of insufficiency of process or insufficient service of process. Without limiting the generality of the foregoing, by entering into this stipulation and order, AmTrust does not consent or agree to venue in this Court. In light of the parties' agreement as to the schedule and AmTrust's representation that they will not initiate arbitration until the anticipated motions are decided, the August 2, 2023 conference is adjourned without date. SO ORDERED. (Replies due by 9/21/2023., Responses due by 9/7/2023) (Signed by Judge Jennifer L. Rochon on 7/27/2023) (kv) |
Filing 9 PROPOSED STIPULATION AND ORDER. Document filed by AmTrust Financial Services, Inc...(Sills, Robert) |
Filing 8 ORDER: IT IS HEREBY ORDERED that Plaintiff shall take all steps necessary to effect proper service of their motion for a preliminary injunction as required by the Federal Rules of Civil Procedure, or request waiver of service from Defendant, as soon as possible, but no later than July 24, 2023. IT IS FURTHER ORDERED that Plaintiff shall file proof of service no later than July 27, 2023. IT IS FURTHER ORDERED that the parties shall appear for a conference to address a briefing schedule and other preliminary matters on August 2, 2023 at 4:00 p.m. in Courtroom 20B of the Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, New York, New York, 10007. IT IS FURTHER ORDERED that Plaintiff shall service this Order on Defendant as soon as possible, but no later than July 24, 2023. Status Conference set for 8/2/2023 at 04:00 PM in Courtroom 20B, 500 Pearl Street, New York, NY 10007 before Judge Jennifer L. Rochon. (Signed by Judge Jennifer L. Rochon on 7/19/2023) (rro) |
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jennifer L. Rochon. 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) |
Magistrate Judge Sarah L. Cave 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) |
***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Edward J. Kirk. 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 U.S.;. (pc) |
Filing 7 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Forge Underwriting Ltd...(Schwartz, Scott) |
Filing 6 CIVIL COVER SHEET filed..(Schwartz, Scott) |
Filing 5 NOTICE OF APPEARANCE by Scott Warren Schwartz on behalf of Forge Underwriting Ltd...(Schwartz, Scott) |
Filing 4 MEMORANDUM OF LAW in Support re: #2 MOTION for Preliminary Injunction . . Document filed by AmTrust Financial Services, Inc...(Kirk, Edward) |
Filing 3 DECLARATION of Scott W. Schwartz in Support re: #2 MOTION for Preliminary Injunction .. Document filed by Forge Underwriting Ltd.. (Attachments: #1 Exhibit A - State Court Docket, #2 Exhibit B - Federal Court Docket, #3 Exhibit C - AmTrust Opposition to MTD).(Kirk, Edward) |
Filing 2 MOTION for Preliminary Injunction . Document filed by Forge Underwriting Ltd...(Kirk, Edward) |
Filing 1 PETITION TO STAY ARBITRATION. (Filing Fee $ 402.00, Receipt Number ANYSDC-28017909).Document filed by Forge Underwriting Ltd.. (Attachments: #1 Exhibit 1 - Arbitration Demand, #2 Exhibit 2 - Coverage Complaint, #3 Exhibit 3 - Policy Period).(Kirk, Edward) |
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