The Ohio Security Insurance Company v. Kinsale Insurance Company et al
| The Ohio Security Insurance Company |
| Kinsale Insurance Company and Black Bull Builders LLC |
| 1:2024cv00149 |
| January 9, 2024 |
| US District Court for the Southern District of New York |
| P Kevin Castel |
| Insurance |
| 05 U.S.C. ยง 8705 Declaratory Judgment - Insurance |
| None |
Docket Report
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This docket was last retrieved on February 23, 2024. A more recent docket listing may be available from PACER.
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| Filing 9 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,. Kinsale Insurance Company served on 2/2/2024, answer due 2/23/2024. Service was made by MAIL. Document filed by The Ohio Security Insurance Company..(Roberto, Joanna) |
| Filing 8 ELECTRONIC SUMMONS ISSUED as to Black Bull Builders LLC, Kinsale Insurance Company. (vf) |
| Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to KINSALE INSURANCE COMPANY and BLACK BULL BUILDERS LLC, re: #6 Amended Complaint,. Document filed by The Ohio Security Insurance Company..(Roberto, Joanna) |
| Filing 6 AMENDED COMPLAINT amending #2 Complaint against Black Bull Builders LLC, Kinsale Insurance Company.Document filed by The Ohio Security Insurance Company. Related document: #2 Complaint. (Attachments: #1 Exhibit Atlantic Agreement, #2 Exhibit Black Bull Agreement).(Roberto, Joanna) |
Filing 5
ORDER INITIAL PRETRIAL CONFERENCE: Initial Conference set for 3/22/2024 at 10:30 AM before Judge P. Kevin Castel. The call-in information for all teleconferences is: Dial-in: (888) 363-4749 Access Code: 3667981. SO ORDERED. (Signed by Judge P. Kevin Castel on 1/12/2024) (vfr)
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Filing 4
ORDER: In order for the Court to evaluate whether complete diversity exists between the plaintiff and the defendants, the complaint must allege the citizen ship of each of the members of Black Bull Builders, LLC. If a member is an individual, the plaintiff must plead the individual's state of domicile; if a member is a corporation, the plaintiff must plead the corporation's state of incorporation and principal place of business, and if the member is a limited liability company, the plaintiff must then plead the citizenship of its members.Additionally, the plaintiff indicates that"[u]pon information and belief, Ohio Security is a corporation organized and existing under the laws of the State of New Hampshire with its place of business located at 175 Berkley Street, Boston, Massachusetts." The plaintiff should not allege its own citizenship "upon information and belief." Further, the plaintiff must allege its principal place of business, not merely its "place of business." Within seven days of this Order, the plaintiff may serve upon Black Bull Builders, L LC an interrogatory limited to t he citizenship of its members. Within fourteen days of this Order, t h e plaintiff shall file an Amended Complaint that properly alleges the citizenship of all parties, or the action will be dismissed for lack of subject matter jurisdiction. SO ORDERED. (Signed by Judge P. Kevin Castel on 1/10/2024) (ama)
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| Filing 3 CIVIL COVER SHEET filed..(Roberto, Joanna) |
| Filing 2 COMPLAINT against Black Bull Builders LLC, Kinsale Insurance Company. Document filed by The Ohio Security Insurance Company..(Roberto, Joanna) |
| ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Joanna Michelle Roberto. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (vf) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Joanna Michelle Roberto to RE-FILE Document No. #1 Complaint. The filing is deficient for the following reason(s): the pleading was not signed. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (vf) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Joanna Michelle Roberto. The following case opening statistical information was erroneously selected/entered: County code Albany; Fee Status code due (due). The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State; the Fee Status code has been modified to pd (paid). (vf) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge P. Kevin Castel. 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..(vf) |
| Case Designated ECF. (vf) |
| Magistrate Judge Sarah L. Cave 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. (vf) |
| Filing 1 FILING ERROR - DEFICIENT PLEADING - SIGNATURE ERROR - COMPLAINT against Black Bull Builders LLC, Kinsale Insurance Company. (Filing Fee $ 405.00, Receipt Number ANYSDC-28784738)Document filed by The Ohio Security Insurance Company. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet).(Roberto, Joanna) Modified on 1/10/2024 (vf). |
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