Utica National Assurance Company v. Amazon.com Services, Inc. et al
| Utica National Assurance Company |
| Amazon.com Services, Inc. as Successor in Interest to Amazon.com.DEDC, LLC, Amazon.com.DEDC, LLC and Amazon.com Services, Inc. |
| 1:2023cv11267 |
| December 28, 2023 |
| US District Court for the Southern District of New York |
| Valerie E Caproni |
| Insurance |
| 28 U.S.C. § 1332 Diversity Action |
| Defendant |
Docket Report
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Filing 18
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). This case is to be tried to a jury. Deposition due by 8/15/2024. Fact Discovery due by 7/1/2024. Expert Discovery due by 8/15/2024. Pretrial Conference set for 7/12/2024 at 10:00 AM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni. SO ORDERED. (Signed by Judge Valerie E. Caproni on 2/22/2024) (ks)
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Filing 17
MEMO ENDORSEMENT on re: #15 Letter filed by Utica National Assurance Company. ENDORSEMENT: The Initial Pretrial Conference scheduled for March 1, 2024 at 10:00 A.M. is CANCELLED. The Court will enter the case management plan by separate order. At any time, upon a joint request, the Court can enter a referral to either the court-annexed mediation program or to the Hon. Sarah Netburn, U.S. Magistrate Judge, for a settlement conference. SO ORDERED. (Signed by Judge Valerie E. Caproni on 2/22/2024) (tg)
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| Filing 16 PROPOSED CASE MANAGEMENT PLAN. Document filed by Utica National Assurance Company..(Pavloff, Sherri) |
| Filing 15 LETTER addressed to Judge Valerie E. Caproni from Sherri N. Pavloff dated February 22, 2024 re: Joint Letter per 1-22-24 Order. Document filed by Utica National Assurance Company..(Pavloff, Sherri) |
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Filing 14
ORDER GRANTING ADMISSION OF COUNSEL PRO HAC VICE granting #12 Motion to Appear Pro Hac Vice. The motion of James M. Davis for admission to practice Pro Hac Vice in the above-captioned action is granted. As further set forth by this Order. (Signed by Judge Valerie E. Caproni on 2/16/2024) (tg)
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Filing 13
ORDER GRANTING ADMISSION OF COUNSEL PRO HAC VICE granting #11 Motion to Appear Pro Hac Vice. The motion of Bradley Dlatt for admission to practice Pro Hac Vice in the above-captioned action is granted. As further set forth by this Order. (Signed by Judge Valerie E. Caproni on 2/16/2024) (tg)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #12 MOTION for James M. Davis to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28954747. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #11 MOTION for Bradley Dlatt to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28954681. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz) |
| Filing 12 MOTION for James M. Davis to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28954747. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Amazon.com Services, Inc., Amazon.com.DEDC, LLC. (Attachments: #1 Affidavit of James M. Davis, #2 Exhibit - Certificates of Good Standing, #3 Proposed Order - Proposed Order Granting Admission Pro Hac Vice).(Davis, James) |
| Filing 11 MOTION for Bradley Dlatt to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28954681. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Amazon.com Services, Inc., Amazon.com.DEDC, LLC. (Attachments: #1 Affidavit of Bradley Dlatt in Support, #2 Exhibit - Certificate of Good Standing, #3 Proposed Order - Proposed Order Granting Admission Pro Hac Vice).(Dlatt, Bradley) |
| Filing 10 ANSWER to #8 Counterclaim. Document filed by Utica National Assurance Company..(Pavloff, Sherri) |
| Filing 9 CERTIFICATE OF SERVICE of Notice of Initial Pre-Trial Conference served on Plaintiff on January 8, 2024. Service was made by E-Mail and Overnight Mail. Document filed by Amazon.com Services, Inc., Amazon.com.DEDC, LLC..(Thompson, Orla) |
| Filing 8 ANSWER to Complaint with JURY DEMAND., COUNTERCLAIM against Utica National Assurance Company. Document filed by Amazon.com.DEDC, LLC, Amazon.com Services, Inc.. (Attachments: #1 Exhibit A Part 1 - Policy, #2 Exhibit A Part 2 - Policy, #3 Exhibit B - Rago Deposition Testimony, #4 Exhibit C - Persaud Deposition Testimony, #5 Exhibit D - Purchase Order, #6 Exhibit E - Purchase Order, #7 Exhibit F - Purchase Order Terms and Conditions, #8 Exhibit G - Seoylemezi Transcript, #9 Exhibit H - Invoice, #10 Exhibit I - 1/15/16 Email, #11 Exhibit J - Certificate of Liability Insurance for Amazon, #12 Exhibit K - Certificate of Liability Insurance for 7 West 34th Street, #13 Exhibit L - Verified Complaint, #14 Exhibit M - Verified Amended Complaint, #15 Exhibit N - 1/15/19 Letter from Utica, #16 Exhibit O - Email Thread, #17 Exhibit P - 9/28/23 Letter).(Thompson, Orla) |
| Filing 7 NOTICE OF INITIAL PRETRIAL CONFERENCE: In accordance with Rule 16 of the Federal Rules of Civil Procedure, the Initial Pretrial Conference ("IPTC") will be held on March 1, 2024, at 10:00 a.m. The IPTC will be held in Courtroom 443 of the Thurgood Marshall United States Courthouse, located at 40 Foley Square, New York, New York 10007. Initial Conference set for 3/1/2024 at 10:00 AM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni. (Signed by Judge Valerie E. Caproni on 1/2/2024) (ate) |
| Filing 6 FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Utica National Assurance Company..(Pavloff, Sherri) |
| Filing 5 NOTICE OF APPEARANCE by Sherri N. Pavloff on behalf of Utica National Assurance Company..(Pavloff, Sherri) |
| Magistrate Judge Sarah Netburn 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. (pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Valerie E. Caproni. 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..(pc) |
| Case Designated ECF. (pc) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Orla G. Thompson. The following case opening statistical information was erroneously selected/entered: County code Bronx;. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State;. (pc) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Orla G. Thompson. The party information for the following party/parties has been modified: Amazon.com Services, Inc. as Successor in Interest to Amazon.com.DEDC, LLC. The information for the party/parties has been modified for the following reason/reasons: party text was omitted;. (pc) |
| Filing 4 CERTIFICATE OF SERVICE of Defendant's Notice of Removal With Exhibits A through E, Civil Cover Sheet and Rule 7.1 Corporate Disclosure Statement served on Plaintiff on 12/28/2023. Service was made by Mail and E-Mail. Document filed by Amazon.com Services, Inc. as Successor in Interest to Amazon.com.DEDC, LLC, Amazon.com.DEDC, LLC..(Thompson, Orla) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Amazon.com, Inc., Corporate Parent Amazon.com Sales,Inc. for Amazon.com Services, Inc. as Successor in Interest to Amazon.com.DEDC, LLC, Amazon.com.DEDC, LLC. Document filed by Amazon.com Services, Inc. as Successor in Interest to Amazon.com.DEDC, LLC, Amazon.com.DEDC, LLC..(Thompson, Orla) |
| Filing 2 CIVIL COVER SHEET filed..(Thompson, Orla) |
| Filing 1 NOTICE OF REMOVAL from Supreme Court of the State of New York, County of Bronx. Case Number: 819101/2023E. (Filing Fee $ 405.00, Receipt Number ANYSDC-28748450).Document filed by Amazon.com.DEDC, LLC, Amazon.com Services, Inc. as Successor in Interest to Amazon.com.DEDC, LLC. (Attachments: #1 Exhibit A - Summons and Complaint, #2 Exhibit B - Notice of Service, #3 Exhibit C - Deljanin Verified Complaint, #4 Exhibit D-1 - Bill of Particulars, #5 Exhibit D-2 - Bill of Particulars 2, #6 Exhibit D-3 Bill of Particulars 3, #7 Exhibit E - Friedman Report).(Thompson, Orla) |
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