Sompo Insurance Company of America et al v. RXO Capacity Solutions, LLC
| Sompo Insurance Company of America and Tokio Marine & Nichido Fire Insurance Co., Ltd. |
| RXO Capacity Solutions, LLC and XPO Logistics, LLC |
| 1:2023cv09968 |
| November 10, 2023 |
| US District Court for the Southern District of New York |
| Gabriel W Gorenstein |
| Gregory H Woods |
| Contract: Other |
| 49 U.S.C. § 14706 Carmack Amendment to the Interstate Commerce Act / Liability of Carriers - Receipts & Bills |
| None |
Docket Report
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| Filing 11 NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, with prejudice and without costs against the defendant(s) RXO Capacity Solutions, LLC. Document filed by Sompo Insurance Company of America, Tokio Marine & Nichido Fire Insurance Co., Ltd.. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Leland, Kipp) |
Filing 10
ORDER: By letter dated December 12, 2023, the parties have informed the Court that this case has settled. Accordingly, it is hereby ORDERED that this action be conditionally discontinued without prejudice and without costs; provided, however, that within thirty (30) days of the date of this Order, the parties may submit to the Court their own Stipulation of Settlement and Dismissal. Otherwise, within such time Plaintiffs may apply by letter for restoration of the action to the active calendar of this Court in the event that the settlement is not consummated. Upon such application for reinstatement, the parties shall continue to be subject to the Court's jurisdiction, the Court shall promptly reinstate the action to its active docket, and the parties shall be directed to appear before the Court, without the necessity of additional process, on a date within ten (10) days of the application, to schedule remaining pretrial proceedings and/or dispositive motions, as appropriate. This Order shall be deemed a final discontinuance of the action with prejudice in the event that Plaintiffs have not requested restoration of the case to the active calendar within such 30-day period. The Clerk of Court is further directed to terminate all pending motions, adjourn all remaining dates, and to close this case. (Signed by Judge Gregory H. Woods on 12/12/2023) (rro)
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| Filing 9 LETTER addressed to Judge Gregory H. Woods from David T. Maloof dated 12/12/2023 re: Notification of Settlement and Request for 30 Day Dismissal Order. Document filed by Sompo Insurance Company of America, Tokio Marine & Nichido Fire Insurance Co., Ltd...(Maloof, David) |
| Filing 8 AFFIDAVIT OF SERVICE of Summons and Complaint. RXO Capacity Solutions, LLC served on 11/20/2023, answer due 12/11/2023. Service was accepted by Registered Agent for Service. Document filed by Sompo Insurance Company of America; Tokio Marine & Nichido Fire Insurance Co., Ltd.. (Attachments: #1 Exhibit Exhibit A - Defendant Corporate Registration NC, #2 Exhibit Exhibit B - Defendant Registered Agent for Service Website, #3 Exhibit Exhibit C - Proof of Delivery).(Leland, Kipp) |
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Filing 7
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement) and Dispositive Motion (i.e., motion requiring a Report and Recommendation). Referred to Magistrate Judge Gabriel W. Gorenstein. SO ORDERED. (Signed by Judge Gregory H. Woods on 11/13/2023) (jca)
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| Filing 6 ELECTRONIC SUMMONS ISSUED as to RXO Capacity Solutions, LLC..(gp) |
| Case Designated ECF. (gp) |
| Magistrate Judge Gabriel W. Gorenstein is designated to handle matters that may be referred in this case. 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. (gp) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Gregory H. Woods. 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..(gp) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney David Thomas Maloof. The party information for the following party/parties has been modified: RXO Capacity Solutions, LLC. The information for the party/parties has been modified for the following reason/reasons: alias party name was omitted. (gp) |
| Filing 5 NOTICE OF APPEARANCE by Kipp Charles Leland on behalf of Sompo Insurance Company of America, Tokio Marine & Nichido Fire Insurance Co., Ltd...(Leland, Kipp) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to RXO Capacity Solutions, LLC, re: #1 Complaint. Document filed by Sompo Insurance Company of America, Tokio Marine & Nichido Fire Insurance Co., Ltd...(Maloof, David) |
| Filing 3 CIVIL COVER SHEET filed..(Maloof, David) |
| Filing 2 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Sompo Holdings, Corporate Parent Sompo Holdings for Sompo Insurance Company of America; Corporate Parent Tokio Marine Holdings for Tokio Marine & Nichido Fire Insurance Co., Ltd.. Document filed by Sompo Insurance Company of America, Tokio Marine & Nichido Fire Insurance Co., Ltd...(Maloof, David) |
| Filing 1 COMPLAINT against RXO Capacity Solutions, LLC. (Filing Fee $ 402.00, Receipt Number ANYSDC-28554647)Document filed by Sompo Insurance Company of America, Tokio Marine & Nichido Fire Insurance Co., Ltd...(Maloof, David) |
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