10110 Group, LLC v. Mt. Hawley Insurance Company et al
Plaintiff: 10110 Group, LLC doing business as Brandon Center Hotel
Defendant: MT Hawley Insurance Company and Certain Underwriters at Lloyds, London, Subscribing to Certificate Number B087521R06F5001
Case Number: 1:2023cv07179
Filed: August 18, 2023
Court: US District Court for the Southern District of New York
Presiding Judge: Jesse M Furman
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. ยง 1332 in Diversity-Insurance Contract
Jury Demanded By: None
Docket Report

This docket was last retrieved on June 14, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 5, 2023 Filing 30 NOTICE OF APPEARANCE by David Benjamin on behalf of 10110 Group, LLC..(Benjamin, David)
October 3, 2023 Filing 29 NOTICE OF APPEARANCE by James Angelo Demiles on behalf of 10110 Group, LLC..(Demiles, James)
September 14, 2023 Opinion or Order Filing 28 ORDER granting #26 Motion for David Benjamin to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
September 14, 2023 Opinion or Order Filing 27 ORDER granting #25 Motion for James DeMiles to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
September 13, 2023 Filing 26 MOTION for David Benjamin, Esq to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by 10110 Group, LLC. (Attachments: #1 Affidavit Affidavit of David Benjamin, #2 Exhibit SDNY APPLICATION, #3 Exhibit Cert of Good Standing Florida, #4 Proposed Order Proposed Order).(Emouna, Matin)
September 13, 2023 Filing 25 MOTION for James DeMiles, Esq to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by 10110 Group, LLC. (Attachments: #1 Affidavit Affidavit of James DeMiles, #2 Exhibit SDNY APPLICATION, #3 Exhibit Cert of Good Standing Florida, #4 Proposed Order Proposed Order).(Emouna, Matin)
September 13, 2023 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #26 MOTION for David Benjamin, Esq to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz)
September 13, 2023 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #25 MOTION for James DeMiles, Esq to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz)
September 5, 2023 Filing 24 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for David Benjamin, Esq to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28239605. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by 10110 Group, LLC. (Attachments: #1 Affidavit Affidavit of David Benjamin, #2 Exhibit SDNY APPLICATION, #3 Exhibit Cert of Good Standing Florida, #4 Proposed Order Proposed Order).(Emouna, Matin) Modified on 9/5/2023 (sgz).
September 5, 2023 Filing 23 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for James DeMiles, Esq to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28239395. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by 10110 Group, LLC. (Attachments: #1 Affidavit Affidavit of James DeMiles, #2 Exhibit SDNY APPLICATION, #3 Exhibit Cert of Good Standing Florida, #4 Proposed Order Proposed Order).(Emouna, Matin) Modified on 9/5/2023 (sgz).
September 5, 2023 Filing 22 NOTICE OF APPEARANCE by Matin Emouna on behalf of 10110 Group, LLC..(Emouna, Matin)
September 5, 2023 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #24 MOTION for David Benjamin, Esq to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28239605. 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 Florida 850-488-0125; Affidavit Not Notarized. 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. (sgz)
September 5, 2023 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #23 MOTION for James DeMiles, Esq to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28239395. 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 Florida 850-488-0125; Affidavit Not Notarized. 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. (sgz)
August 21, 2023 Opinion or Order Filing 21 NOTICE OF INITIAL PRETRIAL CONFERENCE: Unless and until the Court orders otherwise, counsel for all parties shall appear for an initial pretrial conference with the Court on November 30, 2023 at 9:00 a.m. The conference will be held remotely by telephone in accordance with Paragraph 3.B of the Court's Individual Rules and Practices in Civil Cases. 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. All counsel must also familiarize themselves with the Court's Individual Rules, which are available at https://www.nysd.uscourts.gov/hon-jesse-m-furman. Absent leave of Court obtained by letter-motion filed before the conference, all pretrial conferences must be attended by the attorney who will serve as principal trial counsel. As further set forth by this Order. Counsel who have entered a notice of appearance as of the issuance of this order are directed (1) to notify counsel for all other parties in this action who have not yet appeared by serving upon each of them a copy of this order and the Court's Individual Rules and Practices forthwith, and (2) to file proof of such notice with the Court. SO ORDERED. Initial Conference set for 11/30/2023 at 09:00 AM before Judge Jesse M. Furman. (Signed by Judge Jesse M. Furman on 8/21/2023) (tg)
August 21, 2023 Filing 20 NOTICE OF APPEARANCE by Matthew David Kraus on behalf of Certain Underwriters at Lloyds, London, Subscribing to Certificate Number B087521R06F5001, MT Hawley Insurance Company..(Kraus, Matthew)
August 18, 2023 Filing 19 CASE TRANSFERRED IN from the United States District Court - District of Florida Middle; Case Number: 8:23-cv-01604. Original file certified copy of transfer order and docket entries received.
August 18, 2023 Case Designated ECF. (vba)
August 18, 2023 NOTE TO OUT OF STATE ATTORNEYS: Please visit the Court's website at https://nysd.uscourts.gov/ for information regarding admission to the S.D.N.Y. Bar and the CM/ECF Rules & Filing Instructions. (vba)
August 18, 2023 CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case 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..(vba)
August 18, 2023 Magistrate Judge Katharine H. Parker 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. (vba)
August 11, 2023 Filing 18 CASE ELECTRONICALLY TRANSFERRED to the Southern District of New York. (AG) [Transferred from Florida Middle on 8/18/2023.]
August 11, 2023 Opinion or Order Filing 17 ENDORSED ORDER: The Court denies Plaintiff's opposed motion for reconsideration of the Court's order granting the motion to transfer venue. (Doc. #16 ). Plaintiff relies on Federal Rule of Civil Procedure 6(b)(1)(B), which provides that "[w]hen an act may or must be done within a specified time, the court may, for good cause, extend the time:... on motion made after the time has expired if the party failed to act because of excusable neglect." Fed. R. Civ. P. 6(b)(1)(B). But Plaintiff has not established that its failure to timely respond to the motion to transfer venue was the result of "excusable neglect." Rather, Plaintiff admits that its failure to respond in opposition was the result of counsel's misinterpretation of Local Rule 3.01(c) as permitting Plaintiff 21 days to respond to the motion to transfer venue, rather than the 14 days actually applicable. The Eleventh Circuit has explained that "an attorney error based on a misunderstanding or misinterpretation of the law generally cannot constitute excusable neglect." United States v. Davenport, 668 F.3d 1316, 1324 (11th Cir. 2012); see also Advanced Estimating Sys., Inc. v. Riney, 130 F.3d 996, 998 (11th Cir. 1997) (holding, "as a matter of law, that an attorney's misunderstanding of the plain language of a rule cannot constitute excusable neglect such that a party is relieved of the consequences of failing to comply with a statutory deadline"). Nor was counsel's misinterpretation of Local Rule 3.01(c) plausible enough that the Court would be inclined to, in its discretion, interpret "excusable neglect" broadly enough to encompass this situation. Indeed, Local Rule 3.01(c) makes clear that the response deadline is 14 days unless the motion falls within a listed category of motions for which a response is due 21 days after service of the motion. That enumerated list of motions does not include motions to transfer venue. See Local Rule 3.01(c) (explaining that "a party may respond to a motion to dismiss, for judgment on the pleadings, for summary judgment, to exclude or limit expert testimony, to certify a class, for a new trial, or to alter or amend the judgment within twenty-one days after service of the motion"). Finally, the Court takes this moment to reject certain claims Plaintiff makes in its motion. The motion to transfer venue was not "tantamount to a dispositive motion;" rather, the motion to transfer venue merely addressed which federal district court should hear the merits of this case, given the contract's mandatory forum selection clause. Furthermore, this Court's order transferring the case to the Southern District of New York does not hand Defendant a "victor[y] by default." The transfer order did not enter a default judgment against Plaintiff or in any way prevent Plaintiff from litigating this case in the Southern District. That order just determined that the merits of this action shall be ruled upon by a judge of the Southern District of New York rather than the undersigned. This case shall be transferred to the Southern District of New York, as the Court ordered. Signed by Judge Virginia M. Hernandez Covington on 8/11/2023. (JAK) [Transferred from Florida Middle on 8/18/2023.]
August 10, 2023 Filing 16 MOTION for Reconsideration by 10110 Group, LLC. (DeMiles, James) [Transferred from Florida Middle on 8/18/2023.]
August 10, 2023 Opinion or Order Filing 15 ENDORSED ORDER granting the unopposed Motion to Transfer Venue. (Doc. #10 ). A party must respond to a motion within fourteen days after service of the motion. See Local Rule 3.01(c). "If a party does not timely respond, the [Court treats the motion] as unopposed." Id. The Motion to Transfer Venue was served on July 25, 2023. (Doc # 10). Therefore, the deadline to respond to the motion was August 8, 2023. No response was filed by that date and thus the Court treats the motion as unopposed. Furthermore, the motion has merit. A forum selection clause is enforceable under 28 U.S.C. 1404(a). Atl. Marine Const. Co., Inc. v. U.S. Dist. Ct. for W. Dist. of Tex., 571 U.S. 49, 59 (2013). Eleventh Circuit precedent states that "[f]orum-selection clauses are presumptively valid and enforceable unless the plaintiff makes a 'strong showing' that enforcement would be unfair or unreasonable under the circumstances." Krenkel v. Kerzner Intern. Hotels Ltd., 579 F.3d 1279, 1281 (11th Cir. 2009) (internal citation omitted). A mandatory forum selection clause designates the only forum for litigation under a contract. Global Satellite Comm. Co. v. Starmill U.K. Ltd., 378 F.3d 1269, 1272 (11th Cir. 2004). Here, the insurance policy contains a forum selection clause stating that "[a]ny litigation commenced by any Named Insured, any additional insured, or any beneficiary hereunder against the Company shall be initiated in New York." (Doc. # 1-3). Given the use of the word "shall," this provision is mandatory and must be applied to cases that fall within the provision's scope, such as this case. As the plaintiff has not demonstrated that enforcement of the clause "would be unfair or unreasonable," Kerzner Intern. Hotels Ltd., 579 F.3d at 1281, this provision will be enforced. The Clerk is directed to transfer this case to the United States District Court for the Southern District of New York and, thereafter, close this case. Signed by Judge Virginia M. Hernandez Covington on 8/10/2023. (JAK) [Transferred from Florida Middle on 8/18/2023.]
August 8, 2023 Opinion or Order Filing 14 ENDORSED ORDER granting in part and denying in part the joint motion to extend the Case Management Report deadline. (Doc. #13 ). In light of the pending Motion to Transfer Venue, the Court will extend the deadline for filing a Case Management Report until 7 days after a ruling on the pending Motion to Transfer Venue. Signed by Judge Virginia M. Hernandez Covington on 8/8/2023. (JAK) [Transferred from Florida Middle on 8/18/2023.]
August 8, 2023 Filing 13 Joint MOTION for Extension of Time to File Case Management Report by Certain Underwriters at Lloyds, London, Subscribing to Certificate Number B087521R06F5001, Mt. Hawley Insurance Company. (Mahfood, Marcus) [Transferred from Florida Middle on 8/18/2023.]
August 4, 2023 Filing 12 REPLY to affirmative defenses by 10110 Group, LLC. (DeMiles, James) [Transferred from Florida Middle on 8/18/2023.]
July 25, 2023 Filing 11 Defendants' ANSWER and affirmative defenses to Complaint and Affirmative Defenses by Certain Underwriters at Lloyds, London, Subscribing to Certificate Number B087521R06F5001, Mt. Hawley Insurance Company.(Mahfood, Marcus) [Transferred from Florida Middle on 8/18/2023.]
July 25, 2023 Filing 10 MOTION to Change Venue / Transfer Case Transfer Venue by Certain Underwriters at Lloyds, London, Subscribing to Certificate Number B087521R06F5001, Mt. Hawley Insurance Company. (Attachments: #1 Exhibit Policy, #2 Exhibit Writ of Mandamus, #3 Exhibit Murray Hill Order, #4 Exhibit New Hope Order, #5 Exhibit Storm Damage Order, #6 Exhibit Summerwind Order, #7 Exhibit La Teresita Order, #8 Exhibit UMMID Order, #9 Exhibit Burk Holding Order, #10 Exhibit Brooks Order, #11 Exhibit Coleman Company Order, #12 Exhibit La Porte Order, #13 Exhibit Amusam Order)(Mahfood, Marcus) [Transferred from Florida Middle on 8/18/2023.]
July 19, 2023 Opinion or Order Filing 9 ENDORSED ORDER: Counsel are directed to meet and confer, in person or by telephone, and by August 8, 2023, file a completed Case Management Report. The Court believes that six to eight months is a sufficient period of time to conduct discovery in the vast majority of cases. If the parties believe that more than eight months will be needed to complete discovery, the parties should provide the Court with a detailed explanation as to why additional time is needed and a timeline for the discovery that is planned. After the Case Management Report is filed, the Court will determine whether a Case Management Hearing is necessary before entry of a Case Management and Scheduling Order. Signed by Judge Virginia M. Hernandez Covington on 7/19/2023. (DRG) [Transferred from Florida Middle on 8/18/2023.]
July 19, 2023 Filing 8 NOTICE informing the parties that they may consent to the jurisdiction of a United States magistrate judge by filing Form AO 85 Notice, Consent, and Reference of a Civil Action to a Magistrate Judge using the event Consent to Jurisdiction of US Magistrate Judge. (Signed by Deputy Clerk). (MEJ) [Transferred from Florida Middle on 8/18/2023.]
July 19, 2023 Opinion or Order Filing 7 ENDORSED ORDER: The Court is aware of the notice entered in this case, explaining that Local Rule 3.02(a)(2) requires the filing of a uniform case management report with forty or seventy days, depending on the circumstances of the case. However, under Local Rule 1.01(b), a judge can modify or suspend for all or part of an action the application of any rule, except Rule 1.05(a). This Court finds it beneficial to enter a fast-track scheduling order in certain categories of cases before entry of a case management and scheduling order. Additionally, in cases that are not fast-tracked, this Court finds it efficient to have the parties confer and file case management reports within 14 days after the defendant's responsive pleading is due or within 14 days after a case is removed to this Court. In light of this, the Court hereby suspends Local Rule 3.02(a)(2) in this case. At a time the Court deems appropriate, the Court will enter a further order in this case setting either a deadline to file a completed uniform case management report or various fast-track deadlines for the case. Signed by Judge Virginia M. Hernandez Covington on 7/19/2023. (MEJ) [Transferred from Florida Middle on 8/18/2023.]
July 19, 2023 Filing 6 NOTICE of Local Rule 3.02(a)(2), which requires the parties in every civil proceeding, except those described in subsection (d), to file a case management report (CMR) using the uniform form at www.flmd.uscourts.gov. The CMR must be filed (1) within forty days after any defendant appears in an action originating in this court, (2) within forty days after the docketing of an action removed or transferred to this court, or (3) within seventy days after service on the United States attorney in an action against the United States, its agencies or employees. Judges may have a special CMR form for certain types of cases. These forms can be found at www.flmd.uscourts.gov under the Forms tab for each judge. (Signed by Deputy Clerk). (MEJ) [Transferred from Florida Middle on 8/18/2023.]
July 18, 2023 Filing 5 NEW CASE ASSIGNED to Judge Virginia M. Hernandez Covington and Magistrate Judge Anthony E. Porcelli. New case number: 8:23-cv-1604-VMC-AEP. (ARC) [Transferred from Florida Middle on 8/18/2023.]
July 18, 2023 Filing 4 CORPORATE Disclosure Statement by Certain Underwriters at Lloyds, London, Subscribing to Certificate Number B087521R06F5001, Mt. Hawley Insurance Company identifying Corporate Parent Renaissance Re Syndicate 1458 Lloyd's, Corporate Parent Renaissance Re Corporate Capital (UK) Limited for Certain Underwriters at Lloyds, London, Subscribing to Certificate Number B087521R06F5001; Corporate Parent RLI Insurance Company, Corporate Parent Mt. Hawley Insurance Company, Corporate Parent BlackRock, Inc., Corporate Parent RLI Corp., Corporate Parent State Street Corporation for Mt. Hawley Insurance Company. (Mahfood, Marcus) Modified text on 7/19/2023 (MCB). [Transferred from Florida Middle on 8/18/2023.]
July 18, 2023 Filing 3 NOTICE of a related action Pendency of Other Actions per Local Rule 1.07(c) by CERTAIN UNDERWRITERS AT LLOYDS, LONDON, Mt. Hawley Insurance Company. Related case(s): No (Mahfood, Marcus) [Transferred from Florida Middle on 8/18/2023.]
July 18, 2023 Filing 2 NOTICE of Lead Counsel Designation by Marcus Mahfood on behalf of Certain Underwriters at Lloyds, London, Subscribing to Certificate Number B087521R06F5001, Mt. Hawley Insurance Company. Lead Counsel: Marcus G. Mahfood. (Mahfood, Marcus) Modified text on 7/19/2023 (MCB). [Transferred from Florida Middle on 8/18/2023.]
July 18, 2023 Filing 1 COMPLAINT and NOTICE OF REMOVAL from Hillsborough County, case number 23-CA-10507 filed in State Court on 03/24/2023. Filing fee $402, receipt number AFLMDC-21052052 filed by Certain Underwriters at Lloyds, London, Subscribing to Certificate Number B087521R06F5001, Mt. Hawley Insurance Company. (Attachments: #1 Exhibit Index of Exhibits, #2 State Court Docket Sheet, #3 State Court COMPLAINT and Other Documents, #4 Exhibit List of Parties and Counsel of Record, #5 Exhibit Estimate, #6 Civil Cover Sheet)(Mahfood, Marcus) Modified text on 7/19/2023 (MCB). [Transferred from Florida Middle on 8/18/2023.]

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Search for this case: 10110 Group, LLC v. Mt. Hawley Insurance Company et al
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Plaintiff: 10110 Group, LLC doing business as Brandon Center Hotel
Represented By: Matin Emouna
Represented By: David Benjamin
Represented By: James Angelo DeMiles
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Defendant: MT Hawley Insurance Company
Represented By: Matthew David Kraus
Represented By: Marcus Mahfood
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Defendant: Certain Underwriters at Lloyds, London, Subscribing to Certificate Number B087521R06F5001
Represented By: Marcus Mahfood
Represented By: Matthew David Kraus
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