Domino A LLC et al v. Accredited Surety and Casualty Company et al
| Domino A LLC, Domino A Partners LLC, Domino B LLC, Domino B Partners LLC, 316 Kent Construction, Upland Specialty Insurance Company and 316 Kent Construction LLC |
| Accredited Surety and Casualty Company |
| Midvale Indemnity Company |
| A2Z Construction Services, Inc., DeFalco Construction Inc, Domino Refinery, Domino RME, Refinery Construction, Domino Development, Two Trees Management Co. LLC, Hernan Toapanta Tuza, Fernando Javier Garcia Moya, Roberto Pec Tux, Dalemberth Ramon and Darlan Vallejos |
| 1:2023cv10919 |
| December 15, 2023 |
| US District Court for the Southern District of New York |
| Jennifer L Rochon |
| Insurance |
| 28 U.S.C. § 1332 in Diversity-Insurance Contract |
| None |
Docket Report
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This docket was last retrieved on January 4, 2024. A more recent docket listing may be available from PACER.
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| CASE REMANDED OUT from the U.S.D.C. Southern District of New York to the State Court - Supreme Court of the State of New York, County of New York. Sent certified copy of docket entries and remand order. Mailed via UPS Tracking Number 1Z E22 E53 02 1005 483 7 on 1/4/2024..(rro) |
Filing 12
ORDER granting #11 Motion to Remand. Accordingly, Plaintiff's motion to remand, ECF No. 11, is GRANTED. The case is REMANDED to the State Court of the State of New York, County of New York. Any other pending motions are moot and any conferences are canceled. The Clerk of Court is respectfully directed to close the case.. (Signed by Judge Jennifer L. Rochon on 1/2/2024) (rro) Transmission to Docket Assistant Clerk for processing.
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| Filing 11 MOTION to Remand . Document filed by 316 Kent Construction LLC, Domino A LLC, Domino A Partners LLC, Domino B LLC, Domino B Partners LLC, Upland Specialty Insurance Company. (Attachments: #1 Exhibit Ex. A -DJ Complaint, #2 Exhibit Ex. B - Aff of service Midvale, #3 Exhibit Ex. C - Aff of service Accredited, #4 Exhibit Ex. D1 - Notice of Removal, #5 Exhibit Ex. D2 - Notice of Removal, #6 Exhibit Ex. D3 - Notice of Removal, #7 Exhibit Ex. D4 - Notice of Removal, #8 Exhibit Ex. D5 - Notice of Removal, #9 Exhibit Ex. D6 - Notice of Removal, #10 Exhibit Ex. D7 - Notice of Removal, #11 Exhibit Ex. D8 - Notice of Removal, #12 Exhibit Ex. D9 - Notice of Removal, #13 Exhibit Ex. E - Declaration of Accredited, #14 Exhibit Ex. F - Underlying Complaint, #15 Exhibit Ex. G - Midvale Answer).(Simon, Joel) |
| Filing 10 NOTICE OF APPEARANCE by Phillip Manela on behalf of Accredited Surety and Casualty Company..(Manela, Phillip) |
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Filing 9
ORDER granting #8 Letter Motion for Extension of Time to Answer re #8 LETTER MOTION for Extension of Time to File Answer to Complaint addressed to Judge Jennifer L. Rochon from Edward S. Benson dated December 22, 2023. The request is GRANTED. Accredited Surety and Casualty Company's deadline to respond to the complaint is extended to January 31, 2024. SO ORDERED. Accredited Surety and Casualty Company answer due 1/31/2024. (Signed by Judge Jennifer L. Rochon on 12/22/2023) (jca)
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| Filing 8 LETTER MOTION for Extension of Time to File Answer to Complaint addressed to Judge Jennifer L. Rochon from Edward S. Benson dated December 22, 2023. Document filed by Accredited Surety and Casualty Company..(Benson, Edward) |
| Filing 7 NOTICE OF APPEARANCE by Edward Simon Benson on behalf of Accredited Surety and Casualty Company..(Benson, Edward) |
| Filing 6 NOTICE OF APPEARANCE by Joel M Simon on behalf of 316 Kent Construction LLC, Domino A LLC, Domino A Partners LLC, Domino B LLC, Domino B Partners LLC, Upland Specialty Insurance Company..(Simon, Joel) |
| Filing 5 CERTIFICATE OF SERVICE of Notice of Removal, Third party Complaint; Civil Coversheet, and ORder served on All Parties on 12/19/2023. Document filed by Midvale Indemnity Company..(Cosgrove, Robert) |
| Filing 4 CIVIL COVER SHEET filed..(Cosgrove, Robert) |
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Filing 3
ORDER Accordingly, it is hereby ORDERED that, on or before January 5, 2024, Defendant Midvale shall amend its Notice of Removal to allege the citizenship of each constituent person or entity comprising the Plaintiff LLCs (including the state of incorporation and principal place of business of any corporate entity member). If, by that date, the Defendant is unable to amend its Notice of Removal to truthfully allege complete diversity of citizenship, then the action will be remanded to the Supreme Court of New York, New York County, without further notice to either party. Finally, Defendant is directed to, within two business days of this Order, serve on all other parties a copy of this Order and to file proof of such service on the docket. Counsel for all other parties are directed to file a notice of appearance on the docket within two business days of such service. (And as further set forth herein.) SO ORDERED. (Signed by Judge Jennifer L. Rochon on 12/18/2023) (jca)
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| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Robert James Cosgrove. The following case opening statistical information was erroneously selected/entered: Citizenship Plaintiff code 1 (Citizen of This State); Citizenship Defendant code 2 (Citizen of Another State); Dollar Demand $175,000,000; Arbitration code e (Exempt); County code New York;. The following correction(s) have been made to your case entry: the Citizenship Plaintiff code has been modified to 4 (Incorporated/Principal Place of Business-This State); the Citizenship Defendant code has been modified to 5 (Incorporated/Principal Place of Business-Other State); the Dollar Demand has been modified to none; the Arbitration code has been deleted; the County code has been modified to XX Out of State;. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Robert James Cosgrove to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the civil cover sheet is not correct; Origin code 2(b) was incorrectly selected;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated October 1, 2020. The S.D.N.Y. Civil Cover Sheet dated October 1, 2020 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jennifer L. Rochon. 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 Barbara C. Moses 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. (jgo) |
| Case Designated ECF. (jgo) |
| Filing 2 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Cosgrove, Robert) Modified on 12/18/2023 (jgo). |
| Filing 1 NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 160772/2023. (Filing Fee $ 405.00, Receipt Number ANYSDC-28702603).Document filed by Midvale Indemnity Company. (Attachments: #1 Exhibit TPC Part 1, #2 Exhibit TPC part 2, #3 Exhibit TPC part 3, #4 Exhibit TPC part 4, #5 Exhibit TPC part 5, #6 Exhibit TPC part 6, #7 Exhibit TPC part 7, #8 Exhibit TPC part 8, #9 Exhibit TPC part 9, #10 Exhibit TPC part 10, #11 Exhibit TPC part 11, #12 Exhibit TPC part 12, #13 Exhibit TPC part 13, #14 Exhibit TPC part 14, #15 Exhibit TPC part 15, #16 Exhibit TPC part 16, #17 Exhibit TPC part 17, #18 Exhibit TPC part 18, #19 Exhibit TPC part 19).(Cosgrove, Robert) |
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