US Rubber Corporation v. Mt. Hawley Insurance Company
| US Rubber Corporation |
| MT Hawley Insurance Company |
| Daly & Black, PC, Shu Ling Chen, Chi Yi Chen, Stephanie Wu, Richard Daly and Quilling, Selander, Lownds, Winslett & Moser, PC |
| 1:2023cv07618 |
| August 28, 2023 |
| US District Court for the Southern District of New York |
| Analisa Torres |
| Insurance |
| 28 U.S.C. § 1332 bc Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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Filing 27
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER : All parties do not consent to conducting all fin1her proceedings before a magistrate judge, including motions and trial. 28 U.S.C. 636(c). The parties are free to withhold consent without adverse substantive consequences. This case IS to be tried to a jury. Deposition due by 1/12/2024. Fact Discovery due by 1/16/2024. Expert Discovery due by 2/27/2024. Counsel for the parties have conferred and their present best estimate of the length of trial is: 25 hours. Case Management Conference set for 1/30/2024 at 10:30 AM before Judge Analisa Torres. SO ORDERED. (Signed by Judge Analisa Torres on 9/18/23) (yv)
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| Filing 26 JOINT LETTER addressed to Judge Analisa Torres from James Winston Willis and Richard L. Smith, III dated 9/15/23 re: Initial Conference and Proposed Case Management Plan. Document filed by US Rubber Corporation. (Attachments: #1 Proposed Order Proposed Case Management Order).(Willis, James) |
| Filing 25 LETTER addressed to Judge Analisa Torres from James Winston Willis dated 9/15/23 re: Diversity of Citizenship. Document filed by US Rubber Corporation..(Willis, James) |
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Filing 24
ORDER granting #23 Motion for Greg K. Winslett to Appear Pro Hac Vice (HEREBY ORDERED by Judge Analisa Torres)(Text Only Order) (JSS)
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| Filing 23 MOTION for Greg K. Winslett to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28288598. 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. #23 MOTION for Greg K. Winslett to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number ANYSDC-28288598. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (va) |
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Filing 22
ORDER granting #21 Motion for Richard L. Smith, III to Appear Pro Hac Vice (HEREBY ORDERED by Judge Analisa Torres)(Text Only Order) (JSS)
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| Filing 21 MOTION for Richard L. Smith, III to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28276026. 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).(Smith, Richard) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #21 MOTION for Richard L. Smith, III to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28276026. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba) |
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Filing 20
ORDER granting #19 Motion for James Winston Willis to Appear Pro Hac Vice (HEREBY ORDERED by Judge Analisa Torres)(Text Only Order) (JSS)
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| Filing 19 MOTION for James Winston Willis to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28261049. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by US Rubber Corporation. (Attachments: #1 Exhibit Rule 1.3 Affidavit, #2 Exhibit Certificate of Good Standing, #3 Proposed Order Proposed Order).(Willis, James) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #19 MOTION for James Winston Willis to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28261049. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz) |
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Filing 18
ORDER: To conserve resources, to promote judicial efficiency, and in an effort to achieve a faster disposition of this matter, it is hereby ORDERED that the parties discuss whether they are willing to consent, under 28 U.S.C. 636(c), to conducting all further proceedings before the assigned Magistrate Judge. If all parties consent to proceed before the Magistrate Judge, counsel for Defendant shall, by September 15, 2023, file a fully executed Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form, as further set forth herein. If any party does not consent to conducting all further proceedings before the assigned Magistrate Judge, the parties must file a joint letter, by September 15, 2023, advising the Court that the parties do not consent, but without disclosing the identity of the party or parties who do not consent. The parties are free to withhold consent without negative consequences. SO ORDERED. (Signed by Judge Analisa Torres on 9/1/2023) (vfr)
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Filing 17
INITIAL PRETRIAL SCHEDULING ORDER: Counsel for all parties are directed to submit a joint letter and a jointly proposed Case Management Plan and Scheduling Order by September 15, 2023, in accordance with Rule 16 of the Federal Rules of Civil Procedure and the instructions set forth below. (As further set forth in this Order.) SO ORDERED. (Signed by Judge Analisa Torres on 9/1/2023) (vfr)
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Filing 16
ORDER: To protect the public health, while promoting the "just, speedy, and inexpensive determination of every action and proceeding," Fed. R. Civ. P. 1, it is ORDERED pursuant to Rules 30(b)(3) and 30(b)(4) of the Federal Rules of Civil Procedure that all depositions in this action may be taken via telephone, videoconference, or other remote means. It is further ORDERED pursuant to Rule 30(b)(5) that a deposition will be deemed to have taken place "before an officer appointed or designated under Rule 28" if such officer attends the deposition using the same remote means used to connect all other participants, so long as all participants (including the officer) can clearly hear and be heard by all other participants. The parties are encouraged to engage in discovery through remote means at every available opportunity. SO ORDERED. (Signed by Judge Analisa Torres on 9/1/2023) (vfr)
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| Filing 15 CASE TRANSFERRED IN from the United States District Court - District of Texas Southern; Case Number: 4:23-cv-02104. 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. (vba) |
| Case Designated ECF. (vba) |
| Magistrate Judge James L. Cott 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) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Judge Analisa Torres. 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) |
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Filing 14
MEMORANDUM OPINION AND ORDER - The 2022-2023 Policy's forum selection clause is valid and enforceable. Defendant's #7 MOTION to Transfer Case is therefore GRANTED, and this action is TRANSFERRED to the United States District Court for the Southern District of New York. (Signed by Judge Sim Lake) Parties notified.(sanderson, 4) [Transferred from Texas Southern on 8/28/2023.]
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| Interdistrict transfer to SD/NY. Case transferred electronically. Case terminated on 8/25/23, filed. (sanderson, 4) [Transferred from Texas Southern on 8/28/2023.] |
| Filing 13 CERTIFICATE OF INTERESTED PARTIES by US Rubber Corporation, filed.(Willis, James) [Transferred from Texas Southern on 8/28/2023.] |
| Filing 12 JOINT DISCOVERY/CASE MANAGEMENT PLAN by US Rubber Corporation, filed.(Willis, James) [Transferred from Texas Southern on 8/28/2023.] |
| Filing 11 Additional EXHIBITS re: #10 Reply in Support of Motion by Mt. Hawley Insurance Company, filed.(Winslett, Gregory) [Transferred from Texas Southern on 8/28/2023.] |
| Filing 10 REPLY in Support of #7 MOTION to Transfer Case to Southern District of New York, filed by Mt. Hawley Insurance Company. (Attachments: #1 Exhibit A)(Winslett, Gregory) [Transferred from Texas Southern on 8/28/2023.] |
| Filing 9 NOTICE of Appearance by Richard L. Smith, III on behalf of Mt. Hawley Insurance Company, filed. (Smith, Richard) [Transferred from Texas Southern on 8/28/2023.] |
| Filing 8 RESPONSE in Opposition to #7 MOTION to Transfer Case to Southern District of New York, filed by US Rubber Corporation. (Attachments: #1 Exhibit A - Declaration, #2 Exhibit A-1 - Email and Applications, #3 Exhibit A-2 - Transaction History, #4 Exhibit A-3 - Email and Binder, #5 Exhibit A-4 - Email and Policy, #6 Exhibit B - Judicial Statistics, #7 Exhibit C - Pacer Results, #8 Exhibit C-1 - Demonstrative, #9 Exhibit D - Adjuster Information, #10 Exhibit E - Appellate Brief Excerpts, #11 Proposed Order)(Willis, James) [Transferred from Texas Southern on 8/28/2023.] |
| Filing 7 MOTION to Transfer Case to Southern District of New York by Mt. Hawley Insurance Company, filed. Motion Docket Date 7/27/2023. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M)(Winslett, Gregory) [Transferred from Texas Southern on 8/28/2023.] |
| Filing 6 ANSWER to #1 Complaint by Mt. Hawley Insurance Company, filed.(Winslett, Gregory) [Transferred from Texas Southern on 8/28/2023.] |
| Filing 5 Summons Issued as to Mt. Hawley Insurance Company. Issued summons delivered to plaintiff by NEF, filed.(RhondaMooreKonieczny, 4) [Transferred from Texas Southern on 8/28/2023.] |
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Filing 4
ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 9/1/2023 at 03:00 PM in Courtroom 9B before Judge Sim Lake. (Signed by Judge Sim Lake) Parties notified.(JoanDavenport, 4) [Transferred from Texas Southern on 8/28/2023.]
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| Filing 3 Summons Issued as to Mt. Hawley Insurance Company. Issued summons delivered to plaintiff by NEF, filed.(JoanDavenport, 4) [Transferred from Texas Southern on 8/28/2023.] |
| Filing 2 Request for Issuance of Summons as to Mt. Hawley Insurance Company, filed.(Willis, James) [Transferred from Texas Southern on 8/28/2023.] |
| Filing 1 COMPLAINT against Mt. Hawley Insurance Company (Filing fee $ 402 receipt number ATXSDC-30043786) filed by US Rubber Corporation. (Attachments: #1 Civil Cover Sheet)(Willis, James) [Transferred from Texas Southern on 8/28/2023.] |
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