First Baptist Church of Satsuma v. Mt. Hawley Insurance Company
| First Baptist Church of Satsuma |
| MT Hawley Insurance Company |
| 1:2023cv11031 |
| December 20, 2023 |
| US District Court for the Southern District of New York |
| Katherine Polk Failla |
| Insurance |
| 28 U.S.C. § 1332 in Diversity-Insurance Contract |
| Plaintiff |
Docket Report
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Filing 22
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. 28 U.S.C. 636(c). Fact Discovery due by 6/7/2024. All expert discovery, including reports, production of underlying documents, and depositions, shall be completed no later than 7/21/2024. Depositions of fact witnesses shall be completed by 7/7/2024. Counsel for the parties have conferred and the present best estimate of the length of trial is 4 days. Pretrial Conference set for 7/10/2024 at 11:00 AM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla. This case is to be tried to a jury. (Signed by Judge Katherine Polk Failla on 2/6/2024) (rro)
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Filing 21
MEMO ENDORSEMENT on re: #20 Initial Report of Parties Before Pretrial Conference filed by MT Hawley Insurance Company. ENDORSEMENT: The Court understands from its communications with the parties that they would like to proceed directly to discovery in lieu of holding the initial pretrial conference. Accordingly, the initial pretrial conference currently scheduled for February 9, 2024, is hereby ADJOURNED sine die. The Court will enter the parties' proposed scheduling order under separate cover. (Signed by Judge Katherine Polk Failla on 2/6/2024) (rro)
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| Filing 20 INITIAL REPORT OF PARTIES BEFORE PRETRIAL CONFERENCE. Document filed by MT Hawley Insurance Company. (Attachments: #1 Proposed Order Civil Case Management Plan and Scheduling Order).(Winslett, Greg) |
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Filing 19
ORDER GRANTING MOTION FOR ADMISSION PRO HAC VICE granting #18 MOTION for William Maxwell Compton to Appear Pro Hac Vice. The motion of William M. Compton, for admission to practice Pro Hac Vice in the above captioned action is granted. The Clerk of Court is directed to terminate the pending motion at docket entry 18.. (Signed by Judge Katherine Polk Failla on 1/17/2024) (jca)
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| Filing 18 MOTION for William Maxwell Compton to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28811147. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by First Baptist Church of Satsuma. (Attachments: #1 Affidavit of William M. Compton, #2 Proposed Order Granting Motion to Appear Pro Hac Vice, #3 Exhibit Georgia Certificate of Good Standing, #4 Exhibit Alabama Certificate of Good Standing).(Compton, William) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #18 MOTION for William Maxwell Compton to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28811147. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (va) |
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Filing 17
ORDER GRANTING MOTION FOR ADMISSION PRO HAC VICE granting #16 Motion for Kiley A. Aycock to Appear Pro Hac Vice. The Clerk of Court is directed to terminate the pending motion at docket entry 16. (Signed by Judge Katherine Polk Failla on 1/5/2024) (rro)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #16 MOTION for Kiley Anne Aycock to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28770477. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (rju) |
| Filing 16 MOTION for Kiley Anne Aycock to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28770477. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by MT Hawley Insurance Company. (Attachments: #1 Affidavit in Support of Motion to Appear Pro Hac Vice, #2 Exhibit Certificate of the Supreme Court of Texas, #3 Proposed Order Granting Motion for Admission Pro Hac Vice).(Aycock, Kiley) |
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Filing 15
ORDER GRANTING MOTION FOR ADMISSION PRO HAC VICE granting #13 Motion for Greg K. Winslett to Appear Pro Hac Vice. The Clerk of Court is directed to terminate the pending motion at docket entry 13. (Signed by Judge Katherine Polk Failla on 12/27/2023) (rro)
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Filing 14
NOTICE OF INITIAL PRETRIAL CONFERENCE: This case has been assigned to me for all purposes. It is hereby ORDERED that counsel for all parties appear for an initial pretrial conference with the Court on February 9, 2024, at 4:00 p.m. The conference will be held telephonically. At the scheduled date and time, the parties are to call (888) 363-4749 and enter access code 5123533. IT IS FURTHER ORDERED that included with the Proposed Civil Case Management Plan and Scheduling Order, the parties jointly submit a letter, not to exceed five pages, providing the following information in separate paragraphs: as set forth herein. SO ORDERED.Telephonic Initial Conference set for 2/9/2024 at 04:00 PM before Judge Katherine Polk Failla. (Signed by Judge Katherine Polk Failla on 12/26/2023) (ama)
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| Filing 13 MOTION for Greg K. Winslett to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28728074. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by MT Hawley Insurance Company. (Attachments: #1 Proposed Order proposed Order).(Winslett, Greg) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #13 MOTION for Greg K. Winslett to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28728074. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (va) |
| Filing 12 CASE TRANSFERRED IN from the United States District Court - District of Alabama Southern; Case Number: 1:23-cv-00442. Original file certified copy of transfer order and docket entries received. |
| Case Designated ECF. (tro) |
| 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) |
| Magistrate Judge Valerie Figueredo 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) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Judge Katherine Polk Failla. 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) |
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Filing 11
MEMORANDUM OPINION & ORDER, Dft's #4 Motion to Transfer Venue is GRANTED as set out. The Clerk is DIRECTED to effectuate the transfer of this case to the SDNY as set out. Signed by District Judge Terry F. Moorer on 12/15/23. (tot) [Transferred from Alabama Southern on 12/20/2023.]
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| Filing 10 NOTICE by First Baptist Church of Satsuma re #4 MOTION to Transfer Venue (Compton, William) [Transferred from Alabama Southern on 12/20/2023.] |
| REFERRAL OF #10 Notice of No Opposition to Motion to Transfer Venue to Judge Murray. (tot) [Transferred from Alabama Southern on 12/20/2023.] |
| Filing 9 Document endorsed NOTED by District Judge Terry F. Moorer: #2 Corporate Disclosure Statement filed by Mt. Hawley Insurance Company. A review does not reveal any reason to believe that there are potential conflicts of interest that would require recusal in this action. (tot) [Transferred from Alabama Southern on 12/20/2023.] |
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Filing 8
PRELIMINARY SCHEDULING ORDER entered. Rule 26 Meeting Report due by 1/22/2024. Signed by Magistrate Judge P. Bradley Murray on 12/6/23. (Attachment: #1 Consent to Jurisdiction by a U.S. Magistrate Judge) (tot) [Transferred from Alabama Southern on 12/20/2023.]
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| Filing 7 Document endorsed NOTED by Magistrate Judge P. Bradley Murray: A review of the Corporate Disclosure Statement #2 filed by Mt. Hawley Insurance Company reveals no reason to believe that there are potential conflicts of interest that would require disqualification or recusal in this action. (aws) [Transferred from Alabama Southern on 12/20/2023.] |
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Filing 6
ORDER Setting Motion Deadline re: MOTION to Transfer Venue, filed by Mt. Hawley Insurance Company [Doc 4]. Response due by 12/14/2023; reply, if any, due by 12/21/2023; Motion to be taken under submission on 12/22/2023. Signed by Magistrate Judge P. Bradley Murray on 11/30/2023. (aws) [Transferred from Alabama Southern on 12/20/2023.]
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| MOTIONS REFERRED: #4 Motion to Transfer Venue Referred to Judge P. Bradley Murray. (mab) [Transferred from Alabama Southern on 12/20/2023.] |
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Filing 5
TEXT ORDER Pursuant to 28 U.S.C. 636(b)(1), the motion to transfer venue (Doc. 4) is REFERRED to the Magistrate Judge for consideration and recommendation. ORDER REFERRING MOTION to Magistrate Judge: #4 MOTION to Transfer Motion to Transfer Venue filed by Mt. Hawley Insurance Company. Referred to Judge P. Bradley Murray. Signed by District Judge Terry F. Moorer on 11/29/2023. (KJA) [Transferred from Alabama Southern on 12/20/2023.]
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| REFERRAL OF #4 MOTION to Transfer Venue to Judge Moorer. (tot) [Transferred from Alabama Southern on 12/20/2023.] |
| Filing 4 MOTION to Transfer Venue, filed by Mt. Hawley Insurance Company. (Attachments: #1 Exhibit Ex. A Certified Policy, #2 Exhibit Ex. B US Rubber (SDTX), #3 Exhibit Ex. C La Porte (SDTX), #4 Exhibit Ex. D Amusam (NDTX), #5 Exhibit Ex. E Davilyn (EDTX), #6 Exhibit Ex. F Missionary Baptist Church (SDFL), #7 Exhibit Ex. G Pinto (SDFL), #8 Exhibit Ex. H Doral City (SDFL), #9 Exhibit Ex. I 421 NW 12 St (SDFL), #10 Exhibit Ex. J Recovery Performance (SDFL), #11 Exhibit Ex. K Valdes (SDFL), #12 Exhibit Ex. L Oasis Beauty (NDFL), #13 Exhibit Ex. M Summerwind (NDFL), #14 Exhibit Ex. N Murray Hill Presbyterian (MDFL), #15 Exhibit Ex. O Ninora (MDFL), #16 Exhibit Ex. P Krishiv (MDFL), #17 Exhibit Ex. Q Capital One First Management (MDFL), #18 Exhibit Ex. R NAZ, LLC, #19 Exhibit Ex. S Domingue (EDLA), #20 Exhibit Ex. T Esplanade 2018 Partners (EDLA), #21 Exhibit Ex. U Starlight Studios (EDLA)) (Isenberg, Joel) [Transferred from Alabama Southern on 12/20/2023.] |
| Filing 3 ANSWER to Complaint by Mt. Hawley Insurance Company. (Isenberg, Joel) [Transferred from Alabama Southern on 12/20/2023.] |
| Answer due from Mt. Hawley Insurance Company pursuant to FRCP 81(c)(2). (tot) [Transferred from Alabama Southern on 12/20/2023.] |
| Filing 2 Corporate Disclosure Statement filed by Defendant Mt. Hawley Insurance Company. (Isenberg, Joel) [Transferred from Alabama Southern on 12/20/2023.] |
| Filing 1 NOTICE OF REMOVAL ( Filing fee $ 402, Receipt number AALSDC-3305879, Online Credit Card Payment), filed by Mt. Hawley Insurance Company. (Attachments: #1 Exhibit Exhibit A - ATA Loss Consulting Estimates, #2 Exhibit Exhibit B - Notice of Removal - State Court, #3 Exhibit Exhibit C - State Court File, #4 Exhibit Exhibit D - Listing and Notice of Compliance, #5 Civil Cover Sheet) (Isenberg, Joel) [Transferred from Alabama Southern on 12/20/2023.] |
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