Clarke et al v. Government Employees Insurance Company et al
| Colin Clarke, M.D. and Colin Clarke, M.D., P.C. |
| Government Employees Insurance Company, GEICO Indemnity Company, GEICO General Insurance Company and GEICO Casualty Company |
| 1:2023cv08940 |
| October 11, 2023 |
| US District Court for the Southern District of New York |
| Colleen McMahon |
| Civil Rights: Other |
| 28 U.S.C. § 1332 nr Diversity: Notice of Removal |
| None |
Docket Report
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This docket was last retrieved on January 5, 2024. A more recent docket listing may be available from PACER.
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| Filing 15 REPLY MEMORANDUM OF LAW in Support re: #6 MOTION to Transfer Case Notice of Defendants' Motion to Transfer Venue., #12 FIRST MOTION to Remand to State Court and in Opposition to GEICO's Motion to Transfer to EDNY. Defendants' Reply Memorandum of Law in Further Support of their Motion to Transfer Venue and Memorandum in Opposition to Plaintiffs' Motion to Remand. Document filed by GEICO Casualty Company, GEICO General Insurance Company, GEICO Indemnity Company, Government Employees Insurance Company. (Attachments: #1 Affidavit Declaration of Christopher Nowack, #2 Exhibit 1 to Nowack Declaration - Articles of Conversion filed by GEICO with the Nebraska Secretary of State, #3 Exhibit 2 to Nowack Declaration - Printed copies of the New York State Department of Financial Services Portal showing that the Chevy Chase Maryland headquarters is GEICO's Principal Place of Buisness).(Levy, Barry) |
Filing 14
ORDER granting #13 Letter Motion for Extension of Time. OK - Close docket #13. (Signed by Judge Colleen McMahon on 11/8/2023) (mml)
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| Filing 13 LETTER MOTION for Extension of Time and For Leave to File Consolidated Brief in Further Support of Motion to Transfer (ECF No. 6) and in Opposition to Motion to Remand (ECF 12) addressed to Judge Colleen McMahon from Barry I. Levy dated November 8, 2023. Document filed by GEICO Casualty Company, GEICO General Insurance Company, GEICO Indemnity Company, Government Employees Insurance Company..(Levy, Barry) |
| Set/Reset Deadlines: Responses due by 11/22/2023. (mml) |
| Filing 12 FIRST MOTION to Remand to State Court and in Opposition to GEICO's Motion to Transfer to EDNY. Document filed by Colin Clarke, MD, Colin Clarke, M.D., P.C.. (Attachments: #1 Exhibit Memorandum of Law in Support of Remand and in Opposition to Transfer, #2 Exhibit Ex A NY E Courts Printout Showing GEICO Filings in Bronx and New York County Supreme Courts, #3 Exhibit Ex B Pacer Printout with GEICO SDNY Filings).(Mead, Wesley) |
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Filing 11
ORDER SCHEDULING AN INITIAL PRETRIAL CONFERENCE: It is hereby, ORDERED as follows: Counsel receiving this order shall contact all counsel of record ( or where a party is not yet represented, such party) and, if necessary, provide them with a copy of this order. Except as noted in Paragraph 5 below, counsel for all parties are directed to confer, complete and sign the attached "Civil Case Management Plan" and to fax it to the Court, within thirty (30) days. If the parties fail to agree upon such a plan or fail to submit the plan to the Court within the time provided (at least two business days before the conference date), the parties must appear at a conference on 1/5/2024 at 10:00 a.m., in courtroom 24A, 500 Pearl Street, New York, New York, 10007. (Initial Conference set for 1/5/2024 at 10:00 AM in Courtroom 24A, 500 Pearl Street, New York, NY 10007 before Judge Colleen McMahon.) (Signed by Judge Colleen McMahon on 10/26/23) (yv)
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Filing 10
ORDER granting #9 Letter Motion for Extension of Time. OK. (Signed by Judge Colleen McMahon on 10/23/23) (yv)
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| Filing 9 FIRST LETTER MOTION for Extension of Time to Respond to Defendants Transfer Motion and to Move for Remand addressed to Judge Colleen McMahon from Wesley Mead, Esq. dated October 20, 2023. Document filed by Colin Clarke, MD, Colin Clarke, M.D., P.C.. Return Date set for 10/25/2023 at 11:59 PM..(Mead, Wesley) |
| Filing 8 NOTICE OF APPEARANCE by Wesley Robert Mead on behalf of Colin Clarke, MD, Colin Clarke, M.D., P.C...(Mead, Wesley) |
| Filing 7 MEMORANDUM OF LAW in Support re: #6 MOTION to Transfer Case Notice of Defendants' Motion to Transfer Venue. . Document filed by GEICO Casualty Company, GEICO General Insurance Company, GEICO Indemnity Company, Government Employees Insurance Company. (Attachments: #1 Exhibit - Copy of the Clarke Parties' Responsive Pleading in the EDNY Action).(Levy, Barry) |
| Filing 6 MOTION to Transfer Case Notice of Defendants' Motion to Transfer Venue. Document filed by GEICO Casualty Company, GEICO General Insurance Company, GEICO Indemnity Company, Government Employees Insurance Company..(Levy, Barry) |
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Filing 5
ORDER terminating #4 Letter Motion for Extension of Time to Answer re #4 LETTER MOTION for Extension of Time to File Answer re: #1 Notice of Removal, Letter Motion for Extension of Time to Respond to Complaint addressed to Judge Colleen McMahon from Barry I. Levy, Esq. dated October 16, 2023. Please file your transfer motion by the end of this week. The Plaintiffs have one week (7 days) to respond. I will expedite the decision. (Signed by Judge Colleen McMahon on 10/17/2023) (ate)
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| Filing 4 LETTER MOTION for Extension of Time to File Answer re: #1 Notice of Removal, Letter Motion for Extension of Time to Respond to Complaint addressed to Judge Colleen McMahon from Barry I. Levy, Esq. dated October 16, 2023. Document filed by GEICO Casualty Company, GEICO General Insurance Company, GEICO Indemnity Company, Government Employees Insurance Company..(Levy, Barry) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Barry I. Levy. The following case opening statistical information was erroneously selected/entered: County code Albany;. The following correction(s) have been made to your case entry: the County code has been modified to Nassau;. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Colleen McMahon. 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 Gabriel W. Gorenstein 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 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent GEICO Corporation, Other Affiliate Berkshire Hathaway, Inc. for GEICO Casualty Company, GEICO General Insurance Company, GEICO Indemnity Company, Government Employees Insurance Company. Document filed by GEICO Casualty Company, GEICO General Insurance Company, GEICO Indemnity Company, Government Employees Insurance Company..(Levy, Barry) |
| Filing 2 CIVIL COVER SHEET filed..(Levy, Barry) |
| Filing 1 NOTICE OF REMOVAL from Supreme Court of the State of New York, County of Bronx. Case Number: 814740/2023E. (Filing Fee $ 402.00, Receipt Number ANYSDC-28411325).Document filed by GEICO Casualty Company, GEICO Indemnity Company, Government Employees Insurance Company, GEICO General Insurance Company. (Attachments: #1 Exhibit A - Summons and Complaint filed in Supreme Court Bronx County Index No. 814740/2023E).(Levy, Barry) |
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