Liberty Mutual Fire Insurance Company v. Axis Insurance Company
| Liberty Mutual Fire Insurance Company |
| AXIS Insurance Company |
| 1:2023cv10299 |
| November 22, 2023 |
| US District Court for the Southern District of New York |
| Jessica G L Clarke |
| Insurance |
| 28 U.S.C. ยง 1332 in Diversity-Insurance Contract |
| None |
Docket Report
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Filing 13
STIPULATION EXTENDING TIME TO ANSWER, MOVE OR OTHERWISE RESPOND IT IS HEREBY STIPULATED AND AGREED by and between the undersigned counsel that the time for Defendant Axis Insurance Company, to answer or otherwise respond to Plaintiffs Amended Complaint is extended up to and including February 5, 2024. So Ordered. AXIS Insurance Company answer due 2/5/2024. (Signed by Judge Jessica G. L. Clarke on 1/19/2024) (jca)
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| Filing 12 PROPOSED STIPULATION AND ORDER. Document filed by AXIS Insurance Company..(Lavroff, Jay) |
| Filing 11 ACKNOWLEDGMENT OF SERVICE Summons and Amended Complaint served. AXIS Insurance Company served on 12/26/2023, answer due 1/16/2024. Service was accepted by Rawle Lewis, Director or Producer Licensing. Document filed by Liberty Mutual Fire Insurance Company..(Potashner, Marshall) |
| Filing 10 ELECTRONIC SUMMONS ISSUED as to AXIS Insurance Company..(pc) |
| Filing 9 REQUEST FOR ISSUANCE OF SUMMONS as to Axis Insurance Company, re: #8 Amended Complaint. Document filed by Liberty Mutual Fire Insurance Company..(Potashner, Marshall) |
| Filing 8 AMENDED COMPLAINT amending #1 Complaint, against AXIS Insurance Company.Document filed by Liberty Mutual Fire Insurance Company. Related document: #1 Complaint,..(Potashner, Marshall) |
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Filing 7
NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 2/29/2024 at 02:00 PM before Judge Jessica G. L. Clarke. The conference will be held remotely by Microsoft Teams. SO ORDERED. (Signed by Judge Jessica G. L. Clarke on 11/27/2023) (ks)
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| Filing 6 CASE TRANSFERRED IN from the United States District Court - District of New York Eastern; Case Number: 2:23-cv-08499. Original file certified copy of transfer order and docket entries received. |
| Case Designated ECF. (vba) |
| 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) |
| Magistrate Judge Robert W. Lehrburger 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. (vba) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Judge Jessica G. L. Clarke. 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) |
| Case transferred to District of Southern District of New York. Original file, certified copy of transfer order, and docket sheet sent. ALL FILINGS ARE TO BE MADE IN THE TRANSFER COURT, DO NOT DOCKET TO THIS CASE. (JC) [Transferred from New York Eastern on 11/22/2023.] |
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ORDER granting #5 Motion to Change Venue. The clerk of the court is directed to transfer this case to the Southern District of New York, pursuant to 28 U.S.C. 1404(a). Ordered by Judge Gary R. Brown on 11/20/2023. (KN) [Transferred from New York Eastern on 11/22/2023.]
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| Filing 5 Letter MOTION to Change Venue in Response to Order to Show Cause by Liberty Mutual Fire Insurance Company. (Potashner, Marshall) [Transferred from New York Eastern on 11/22/2023.] |
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ORDER TO SHOW CAUSE Given that no defendant is a citizen of New York, it appears that the only basis for venue in this district is 28 U.S.C. 1391(b)(2), which states that a civil action may be brought in a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred. However, a review of the complaint suggests that the events and/or omissions giving rise to this case occurred in Bronx County, located in the Southern District of New York. On the cover sheet, counsel for plaintiff responded affirmatively to the following questions: a. Did the events or omissions giving rise to the claim or claims, or a substantial part thereof, occur in Nassau or Suffolk County? andb. Did the events or omissions giving rise to the claim or claims, or a substantial part thereof, occur in the Eastern District? For each of these questions, counsel for plaintiff is directed to provide a detailed factual explanation as to the basis for those responses by close of business on November 28, 2023, or make a motion to transfer the case to the Southern District of New York, where venue appears to be proper. Ordered by Judge Gary R. Brown on 11/17/2023. (KN) [Transferred from New York Eastern on 11/22/2023.]
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| Filing 4 Summons Issued as to Axis Insurance Company. (LJ) [Transferred from New York Eastern on 11/22/2023.] |
| Filing 3 Clerk's Notice Re: Consent. A United States Magistrate Judge has been assigned to this case and is available to conduct all proceedings. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent.The form may also be accessed at the following link: #https://img.nyed.uscourts.gov/files/forms/MJConsentForm.pdf (LJ) [Transferred from New York Eastern on 11/22/2023.] |
| Filing 2 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (LJ) [Transferred from New York Eastern on 11/22/2023.] |
| Case Assigned to Judge Gary R. Brown and Magistrate Judge Arlene R. Lindsay. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (LJ) [Transferred from New York Eastern on 11/22/2023.] |
| Filing 1 COMPLAINT against Axis Insurance Company filing fee $ 402, receipt number ANYEDC-17288862 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Liberty Mutual Fire Insurance Company. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons) (Potashner, Marshall) [Transferred from New York Eastern on 11/22/2023.] |
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| Plaintiff: Liberty Mutual Fire Insurance Company | |
| Represented By: | Marshall T. Potashner |
| Represented By: | Marshall Todd Potashner |
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| Defendant: AXIS Insurance Company | |
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