Davilyn Hospitality v. Mt. Hawley Insurance Company
| Davilyn Hospitality Inc doing business as Studio 6 |
| MT Hawley Insurance Company |
| 1:2023cv07309 |
| August 17, 2023 |
| US District Court for the Southern District of New York |
| Vernon S Broderick |
| Insurance |
| 28 U.S.C. § 1441 Petition for Removal- Breach of Contract |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 22 NOTICE OF APPEARANCE by Andrew Jesse Furman on behalf of MT Hawley Insurance Company..(Furman, Andrew) |
| Filing 21 NOTICE OF APPEARANCE by Matthew David Kraus on behalf of MT Hawley Insurance Company..(Kraus, Matthew) |
Filing 20
ORDER GRANTING MOTION FOR ADMISSION PRO HAC VICE granting #19 Motion for Greg K. Winslett to Appear Pro Hac Vice. (Signed by Judge Vernon S. Broderick on 9/28/2023) (rro)
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| Filing 19 MOTION for Greg K. Winslett to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28347458. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by MT Hawley Insurance Company. (Attachments: #1 Proposed Order proposed Order).(Winslett, Greg) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #19 MOTION for Greg K. Winslett to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number ANYSDC-28347458. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (va) |
| Filing 18 NOTICE OF APPEARANCE by Amanda Peterson on behalf of Davilyn Hospitality Inc..(Peterson, Amanda) |
| Filing 17 NOTICE OF APPEARANCE by Johnathan Charles Lerner on behalf of Davilyn Hospitality Inc..(Lerner, Johnathan) |
| Filing 16 CASE TRANSFERRED IN from the United States District Court - District of Texas Eastern; Case Number: 1:23-cv-00225. Original file certified copy of transfer order and docket entries received. |
| 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. (tro) |
| Case Designated ECF. (tro) |
| 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. (tro) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Judge Vernon S. Broderick. 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..(tro) |
| Interdistrict transfer to the Southern District of New York. (tkd, ) [Transferred from Texas Eastern on 8/17/2023.] |
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Filing 15
ORDER granting #4 Motion to Transfer Venue. This action is transferred to the US District Court for the Southern District of New York. Each party will bear its own attorney's fees and costs. All court dates and deadlines are vacated, and all pending motions are denied as moot. Signed by District Judge Michael J. Truncale on 7/28/23. (tkd, ) [Transferred from Texas Eastern on 8/17/2023.]
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| Filing 14 NOTICE of Attorney Appearance by Kiley Anne Aycock on behalf of Mt. Hawley Insurance Company (Aycock, Kiley) [Transferred from Texas Eastern on 8/17/2023.] |
| Filing 13 REPORT of Rule 26(f) Planning Meeting. (Attachments: #1 Proposed Scheduling Order)(Feiler, Michael) Modified on 7/25/2023 (tkd, ). [Transferred from Texas Eastern on 8/17/2023.] |
| Filing 12 RESPONSE to Motion re #4 MOTION to Change Venue filed by Davilyn Hospitality Inc. (Jewell, John) [Transferred from Texas Eastern on 8/17/2023.] |
| Filing 11 Additional Attachment (Proposed Order) to Main Document: #4 MOTION to Change Venue . (Feiler, Michael) Modified on 7/11/2023 (tkd, ). [Transferred from Texas Eastern on 8/17/2023.] |
| Filing 10 NOTICE of Attorney Appearance by Shaun Wesley Hodge on behalf of All Plaintiffs (Hodge, Shaun) [Transferred from Texas Eastern on 8/17/2023.] |
| Filing 9 Fed. R. Civ. P. 7.1(a)(2) Disclosure Statement identifying party citizenship filed by Davilyn Hospitality Inc (Jewell, John) [Transferred from Texas Eastern on 8/17/2023.] |
| Filing 8 Fed. R. Civ. P. 7.1(a)(1) Disclosure Statement filed by Davilyn Hospitality Inc (Jewell, John) [Transferred from Texas Eastern on 8/17/2023.] |
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Filing 7
ORDER granting #6 Unopposed MOTION for Extension of Time to File Response to #4 MOTION to Change Venue. Response is due by 7/10/2023. Signed by District Judge Michael J. Truncale on 7/6/23. (tkd, ) [Transferred from Texas Eastern on 8/17/2023.]
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| Filing 6 Unopposed MOTION for Extension of Time to File Response/Reply as to #4 MOTION to Change Venue by Davilyn Hospitality Inc. (Attachments: #1 Proposed Order)(Jewell, John) [Transferred from Texas Eastern on 8/17/2023.] |
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Filing 5
ORDER directing the parties to conduct a Rule 26(f) Attorney Conference on or before July 10, 2023. Rule 16 Case Management Conference set for 7/31/2023 at 10:00 AM in Room 221 before District Judge Michael J. Truncale. Signed by District Judge Michael J. Truncale on 6/20/23. (kcv, ) [Transferred from Texas Eastern on 8/17/2023.]
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| Filing 4 MOTION to Change Venue by Mt. Hawley Insurance Company. (Attachments: #1 Exhibit A (MH's Certified Policy), #2 Exhibit B (Order Granting Writ of Mandamus), #3 Exhibit C (Order - LaPorte Hospitality), #4 Exhibit D (Order - Nusi Amusam), #5 Exhibit E (Order - Murray Hill Presbyterian Church)), #6 Exhibit F (Order - New Hope Missionary Baptist), #7 Exhibit G (Order - Storm Damage Solutions), #8 Exhibit H (Order - Summerwind West Condo Owners Assoc.), #9 Exhibit I (Order - Recovery Performance & Marina), #10 Exhibit J (Memorandum Order - Ummiid, LLC), #11 Exhibit K (Order and Reasons - Burk Holding Co.), #12 Exhibit L (Order and Reasons - Brooks & Brooks Investments), #13 Exhibit M (Order and Reasons - William B. Coleman Company, Inc.), #14 Proposed Order Order Granting Motion to Transfer Venue (Proposed))(Winslett, Greg) [Transferred from Texas Eastern on 8/17/2023.] |
| Filing 3 ANSWER to #2 Original Petition by Mt. Hawley Insurance Company. (Winslett, Greg) Modified on 6/20/2023 (tkd, ). [Transferred from Texas Eastern on 8/17/2023.] |
| In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form #Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge. (tkd, ) [Transferred from Texas Eastern on 8/17/2023.] |
| Case assigned to District Judge Michael J. Truncale. (tkd, ) [Transferred from Texas Eastern on 8/17/2023.] |
| Filing 2 ORIGINAL PETITION (filed in state court) against Mt. Hawley Insurance Company, filed by Davilyn Hospitality Inc.(tkd, ) [Transferred from Texas Eastern on 8/17/2023.] |
| DEMAND for Trial by Jury by Davilyn Hospitality Inc. (tkd, ) [Transferred from Texas Eastern on 8/17/2023.] |
| Filing 1 NOTICE OF REMOVAL by Mt. Hawley Insurance Company from 260th District Court, Orange Co., TX, case number 230132-C. (Filing fee $ 402 receipt number ATXEDC-9544068), filed by Mt. Hawley Insurance Company. (Attachments: #1 Exhibit A - Index, #2 Exhibit B - State Court Docket, #3 Exhibit C - Plaintiff's Original Petition, #4 Exhibit D - List of Counsel of Record, #5 Civil Cover Sheet Civil)(Winslett, Greg) (Attachment 5 replaced with a flattened image on 6/13/2023) (tkd, ). [Transferred from Texas Eastern on 8/17/2023.] |
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