KMT Painting and Decorating, LLC v. Mt. Hawley Insurance Company
Plaintiff: KMT Painting and Decorating, LLC
Defendant: MT Hawley Insurance Company
Interested Party: Hurricane Ida Program Administrator
Case Number: 1:2023cv10693
Filed: December 7, 2023
Court: US District Court for the Southern District of New York
Presiding Judge: Andrew L Carter
Referring Judge: Robyn F Tarnofsky
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. § 1332 in Diversity-Insurance Contract
Jury Demanded By: None
Docket Report

This docket was last retrieved on February 20, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 17, 2024 Opinion or Order Filing 22 INITIAL CASE MANAGEMENT CONFERENCE ORDER: Counsel for the parties are directed to call my Microsoft Teams conference line at the scheduled time. Please dial (646) 453-4442, Access Code: 929 016 684 #. (And as further set forth herein.) SO ORDERED. Initial Conference set for 2/21/2024 at 10:00 AM before Magistrate Judge Robyn F. Tarnofsky. (Signed by Magistrate Judge Robyn F. Tarnofsky on 1/17/2024) (jca)
January 12, 2024 Opinion or Order Filing 21 ORDER ADJOURNING INITIAL CASE MANAGEMENT CONFERENCE: In light of this case having been reassigned to Magistrate Judge Robyn F. Tarnofsky on January 11, 2024 the Initial Case Management Conference currently scheduled for March 12, 2024 is hereby adjourned sine die. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 1/12/2024) (vfr)
January 11, 2024 Magistrate Judge Robyn F. Tarnofsky is so redesignated to handle matters that may be referred in this case. (laq)
January 11, 2024 NOTICE OF REASSIGNMENT OF A REFERRAL TO ANOTHER MAGISTRATE JUDGE. The referral in the above entitled action has been reassigned to Magistrate Judge Robyn F. Tarnofsky, for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Magistrate Judge Katharine H. Parker no longer referred to the case. (laq)
January 10, 2024 Opinion or Order Filing 20 INITIAL CASE MANAGEMENT CONFERENCE ORDER: Initial Conference set for 3/12/2024 at 12:00 PM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Katharine H. Parker. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 1/10/2024) (vfr)
January 10, 2024 Opinion or Order Filing 19 ORDER OF REFERENCE. The above-captioned action is referred to Magistrate Judge Katharine H. Parker for the following purpose: 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). Referred to Magistrate Judge Katharine H. Parker. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 1/10/2024) (ks)
December 7, 2023 Filing 18 CASE TRANSFERRED IN from the United States District Court - District of Louisiana Eastern; Case Number: 2:23-cv-04003. Original file certified copy of transfer order and docket entries received.
December 7, 2023 CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Judge Andrew L. Carter, Jr.. 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)
December 7, 2023 Magistrate Judge Katharine H. Parker 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. (tro)
December 7, 2023 Case Designated ECF. (tro)
December 7, 2023 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)
November 30, 2023 Opinion or Order Filing 17 ORDER AND REASONS - IT IS ORDERED that #12 MOTION to Transfer Venue is GRANTED, and this matter is TRANSFERRED to the United States District Court, for the Southern District of New York. Signed by Judge Jane Triche Milazzo on 11/30/2023.(sa) [Transferred from Louisiana Eastern on 12/7/2023.]
November 15, 2023 Opinion or Order Filing 16 ORDER GRANTING #13 Motion to Stay CMO Deadlines pending outcome of the Motion to Transfer Venue. Signed by Judge Jane Triche Milazzo on 11/15/2023. (sa) [Transferred from Louisiana Eastern on 12/7/2023.]
November 9, 2023 Opinion or Order Filing 15 ORDER GRANTING #14 Motion to Expedite as to #13 Motion to Stay. IT IS ORDERED that the Motion to Expedite is GRANTED, and any opposition to the Motion to Stay shall be filed by November 14, 2023. Signed by Judge Jane Triche Milazzo on 11/9/2023. (sa) [Transferred from Louisiana Eastern on 12/7/2023.]
November 8, 2023 Filing 14 EXPARTE/CONSENT MOTION to Expedite Motion to Stay Case Management Order Deadlines Pending Outcome of Motion to Transfer Venue by Mt. Hawley Insurance Company. (Attachments: #1 Proposed Order)(Meaders, Julie) [Transferred from Louisiana Eastern on 12/7/2023.]
November 8, 2023 Filing 13 MOTION to Stay re #12 MOTION to Transfer Case to United States District Court for the Southern District of New York Case Management Order Deadlines Pending Outcome of Motion to Transfer Venue by Mt. Hawley Insurance Company. Motion(s) will be submitted on 12/6/2023. (Attachments: #1 Memorandum in Support, #2 Proposed Order, #3 Notice of Submission)(Meaders, Julie) [Transferred from Louisiana Eastern on 12/7/2023.]
October 10, 2023 Filing 12 MOTION to Transfer Case to United States District Court for the Southern District of New York by Mt. Hawley Insurance Company. Motion(s) will be submitted on 10/25/2023. (Attachments: #1 Memorandum in Support, #2 Proposed Order, #3 Exhibit A - Certified Policy, #4 Exhibit B - In re Mt. Hawley, #5 Exhibit C - Burk Holding, #6 Exhibit D - Brooks & Brooks, #7 Exhibit E - William B. Coleman, #8 Exhibit F - UMMIID, #9 Exhibit G - Storm Damanges Sols, #10 Exhibit H - Summerwind West, #11 Exhibit I - La Porte Hospitality, #12 Exhibit J - Recovery Performance, #13 Exhibit K - Murray Hill, #14 Exhibit L - Nusi Amusam, #15 Exhibit M - New Hope, #16 Exhibit N - SR Hospitality, #17 Notice of Submission)(Meaders, Julie) [Transferred from Louisiana Eastern on 12/7/2023.]
October 10, 2023 Filing 11 ANSWER to #1 Complaint, and Affirmative Defenses Subject to Motion to Transfer Venue by Mt. Hawley Insurance Company.Attorney Julie Schwartzwald Meaders added to party Mt. Hawley Insurance Company(pty:dft).(Meaders, Julie) [Transferred from Louisiana Eastern on 12/7/2023.]
October 6, 2023 Filing 10 Amended Exhibit A to Hurricane Ida Case Management Order. (lag) [Transferred from Louisiana Eastern on 12/7/2023.]
September 28, 2023 Filing 9 HURRICANE IDA CLAIMS Third Amendment to CMO No. 1. Signed by Chief Judge Nannette Jolivette Brown on 09/14/2023.(lag) [Transferred from Louisiana Eastern on 12/7/2023.]
September 19, 2023 Filing 8 HURRICANE IDA CLAIMS Second Amendment to CMO No. 1. Signed by Chief Judge Nannette Jolivette Brown on 09/12/2023.(lag) [Transferred from Louisiana Eastern on 12/7/2023.]
September 5, 2023 Filing 7 SUMMONS Returned Executed; Mt. Hawley Insurance Company served on 8/29/2023, answer due 9/19/2023. (Betzer, Bruce) Modified on 9/5/2023 (am). [Transferred from Louisiana Eastern on 12/7/2023.]
September 1, 2023 Filing 6 **DEFICIENT**SUMMONS Returned Executed; Mt. Hawley Insurance Company served on 8/29/2023, answer due 9/19/2023. (Betzer, Bruce) (Main Document 6 replaced on 9/5/2023) (am). Modified on 9/5/2023 (am). [Transferred from Louisiana Eastern on 12/7/2023.]
August 23, 2023 Opinion or Order Filing 5 HURRICANE IDA CLAIMS AMENDED CASE MANAGEMENTORDER NO. 1 with Addendum. Signed by Chief Judge Nannette JolivetteBrown on 10/25/2022.(am) [Transferred from Louisiana Eastern on 12/7/2023.]
August 23, 2023 Filing 4 Correction of Docket Entry by Clerk re #1 Complaint. **1. Filing attorney did not properly format the pdf of Civil Cover Sheet. The pdf should not have the purple fillable boxes nor the 3 red buttons at the bottom. When using a FORM, fill in the applicable fields then click the red PRINT button at the bottom to print the document to pdf format. Clerk took corrective action. **2. The civil cover sheet was blank. Please, refile completed civil cover sheet. The event to refile civil cover sheet is found under Civil Events, Other Filings, Other Documents.** (am) [Transferred from Louisiana Eastern on 12/7/2023.]
August 23, 2023 Filing 3 Summons Issued as to Mt. Hawley Insurance Company. (am) [Transferred from Louisiana Eastern on 12/7/2023.]
August 23, 2023 Filing 2 Initial Case Assignment to Judge Jane Triche Milazzo and Magistrate Judge Donna Phillips Currault. (cc) [Transferred from Louisiana Eastern on 12/7/2023.]
August 23, 2023 Filing 1 COMPLAINT against Mt. Hawley Insurance Company (Filing fee $ 402 receipt number ALAEDC-10102327) filed by KMT Painting and Decorating, LLC. (Attachments: #1 Civil Cover Sheet, #2 Summons)Attorney Bruce Betzer added to party KMT Painting and Decorating, LLC(pty:pla).(Betzer, Bruce) (Attachment 1 replaced on 8/23/2023) (am). [Transferred from Louisiana Eastern on 12/7/2023.]

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Plaintiff: KMT Painting and Decorating, LLC
Represented By: Bruce Betzer
Represented By: Deborah Ellen Lavender
Represented By: Grant P. Gardiner
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Defendant: MT Hawley Insurance Company
Represented By: Seth Andrew Schmeeckle
Represented By: Julie Schwartzwald Meaders
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Interested party: Hurricane Ida Program Administrator
Represented By: Francis Joseph Lobrano
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