Carter's Loop Apartments, LLC v. Mt. Hawley Insurance Company
| Carter's Loop Apartments, LLC |
| MT Hawley Insurance Company |
| Hurricane Ida Program Administrator |
| 1:2024cv00761 |
| February 2, 2024 |
| U.S. District Court for the Southern District of New York |
| Jed S Rakoff |
| Insurance |
| 28 U.S.C. § 1441 in Petition for Removal- Insurance Contract |
| None |
Docket Report
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Filing 23
CIVIL CASE MANAGEMENT PLAN: After consultation with counsel for the parties, the following Case Management Plan is adopted. This plan is also a scheduling order pursuant to Rules 16 and 26(f) of the Federal Rules of Civil Procedure. This case is to be tried to a jury. Amended Pleadings due by 5/24/2024. Joinder of Parties due by 4/19/2024. Motions due by 7/19/2024. Responses due by 8/6/2024 Replies due by 8/15/2024. Deposition due by 7/12/2024. Discovery due by 7/19/2024. Oral Argument set for 8/22/2024 at 04:00 PM before Judge Jed S. Rakoff. Final Pretrial Conference set for 8/22/2024 at 04:00 PM before Judge Jed S. Rakoff. Interrogatories pursuant to Rule 33.3 (a) of the Local Civil Rules of the Southern District of New York must be served by 4/5/24. Ready for Trial by 8/15/2024. SO ORDERED (Signed by Judge Jed S. Rakoff on 3/15/2024) (ks)
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| Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 3/15/2024, ( Final Pretrial Conference set for 8/22/2024 at 04:00 PM before Judge Jed S. Rakoff in courtroom 14B of the Daniel Patrick Moynihan Courthouse, 500 Pearl Street, New York City, New York..). (Kotowski, Linda) |
| Filing 22 STATUS REPORT. Joint Report Under Federal Rule of Civil Procedure 26(f) Document filed by MT Hawley Insurance Company. (Attachments: #1 Exhibit Proposed Civil Case Management Plan).(Rodine, Brent) |
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Filing 21
ORDER GRANTING MOTION FOR ADMISSION PRO HAC VICE granting #20 Motion for John Mark Fezio to Appear Pro Hac Vice. (Signed by Judge Jed S. Rakoff on 3/4/2024) (ks)
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| Filing 20 MOTION for John Mark Fezio to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29022054. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Carter's Loop Apartments, LLC. (Attachments: #1 Affidavit Affidavit, #2 Exhibit LA Certificate of Good Standing, #3 Exhibit TX Certificate of Good Standing, #4 Proposed Order Proposed Order).(Fezio, John) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #20 MOTION for John Mark Fezio to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29022054. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bc) |
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Filing 19
ORDER GRANTING MOTION FOR ADMISSION PRO HAC VICE granting #18 Motion for Brent J. Rodine to Appear Pro Hac Vice. (Signed by Judge Jed S. Rakoff on 2/22/2024) (ks)
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| Filing 18 MOTION for Brent J. Rodine to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28976183. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by MT Hawley Insurance Company. (Attachments: #1 Proposed Order Order Granting Motion for Admission Pro Hac Vice).(Rodine, Brent) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #18 MOTION for Brent J. Rodine to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28976183. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bc) |
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Filing 17
NOTICE OF COURT CONFERENCE: Initial Conference set for 3/15/2024 at 11:00 AM before Judge Jed S. Rakoff. The dial-in information for the call will be as follows: USA Toll-Free (888) 363-4735; USA Caller Paid/International Toll: (215) 446-3657; Access Code: 1086415. SO ORDERED. (Signed by Judge Jed S. Rakoff on 2/16/2024) (ks)
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Filing 16
ORDER GRANTING MOTION FOR ADMISSION PRO HAC VICE granting #15 Motion for Greg K. Winslett to Appear Pro Hac Vice.. (Signed by Judge Jed S. Rakoff on 2/16/2024) (ks)
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| Filing 15 MOTION for Greg K. Winslett to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28914103. 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. #15 MOTION for Greg K. Winslett to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28914103. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bc) |
| Filing 14 NOTICE OF APPEARANCE by Andrew Jesse Furman on behalf of MT Hawley Insurance Company..(Furman, Andrew) |
| Filing 13 NOTICE OF APPEARANCE by Matthew David Kraus on behalf of MT Hawley Insurance Company..(Kraus, Matthew) |
| Filing 12 CASE TRANSFERRED IN from the United States District Court - District of Louisiana Eastern; Case Number: 2:23-cv-06640. Original file certified copy of transfer order and docket entries received. |
| 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. (vba) |
| Case Designated ECF. (vba) |
| 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. (vba) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Judge Jed S. Rakoff. 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..(vba) |
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Filing 11
ORDER GRANTING #10 MOTION to Transfer Venue. IT IS HEREBY ORDERED that this case is hereby transferred to the Southern District of New York. Signed by Judge Susie Morgan on 1/26/2024.(pp) [Transferred from Louisiana Eastern on 2/2/2024.]
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| Filing 10 MOTION to Transfer Case Venue by Mt. Hawley Insurance Company. Motion(s) will be submitted on 1/31/2024. (Attachments: #1 Memorandum in Support, #2 Proposed Order, #3 Notice of Submission, #4 Exhibit A Certified Policy, #5 Exhibit B In re Mt Hawley Insurance Company, #6 Exhibit C Starlight Studios, #7 Exhibit D Brown's Village Plaza, #8 Exhibit E Brooks & Brooks, #9 Exhibit F SR Hospitality, #10 Exhibit G Canal@Camp, #11 Exhibit H Esplanade 2018 Partners, #12 Exhibit I Domingue, #13 Exhibit J William B. Coleman, Inc., #14 Exhibit K Burk Holding, #15 Exhibit L UMMIID, #16 Exhibit M SR Hospitality, #17 Exhibit N Storm Damage Solutions, #18 Exhibit O Capital One First Management, #19 Exhibit P Valdes, #20 Exhibit Q Krishiv, #21 Exhibit R Smith, #22 Exhibit S Ninora, #23 Exhibit T Recovery Performance, #24 Exhibit U 421 NW 12 St, #25 Exhibit V Oasis Beauty, #26 Exhibit W La Teresita, #27 Exhibit X Murray Hill Presbyterian, #28 Exhibit Y Storm Damage Solutions, #29 Exhibit Z Summerwind, #30 Exhibit AA Doral City, #31 Exhibit BB Pinto, #32 Exhibit CC New Hope Missionary Baptist Church, #33 Exhibit DD US Rubber, #34 Exhibit EE Davilyn, #35 Exhibit FF La Porte, #36 Exhibit GG Amusam)(Meaders, Julie) [Transferred from Louisiana Eastern on 2/2/2024.] |
| Filing 9 ANSWER to #1 Notice of Removal, and Affirmative Defenses by Mt. Hawley Insurance Company.(Meaders, Julie) [Transferred from Louisiana Eastern on 2/2/2024.] |
| Filing 8 HURRICANE IDA CLAIMS Fourth Amendment to CMO No. 1. Signed by Chief Judge Nannette Jolivette Brown on 12/12/2023.(lag) [Transferred from Louisiana Eastern on 2/2/2024.] |
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Filing 7
ORDER OF RECUSAL. IT IS ORDERED that the Clerk of Court reallot this matter to another Section of this Court. Judge Wendy B Vitter recused. Case reassigned to Judge Susie Morgan. Signed by Judge Wendy B Vitter on 11/3/2023.(mmv) (NEF: J. Morgan, Case Mgr.) [Transferred from Louisiana Eastern on 2/2/2024.]
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| Filing 6 DIRECTIVE PURSUANT TO 28 U.S.C. 1447(b) re #1 Notice of Removal. By Clerk.(mmv) [Transferred from Louisiana Eastern on 2/2/2024.] |
| Filing 5 HURRICANE IDA CLAIMS Third Amendment to CMO No. 1. Signed by Chief Judge Nannette Jolivette Brown on 9/14/2023.(mmv) [Transferred from Louisiana Eastern on 2/2/2024.] |
| Filing 4 Initial Case Assignment to Judge Wendy B Vitter and Magistrate Judge Janis van Meerveld. (mb) [Transferred from Louisiana Eastern on 2/2/2024.] |
| Filing 3 Statement of Corporate Disclosure by Mt. Hawley Insurance Company identifying Corporate Parent Black Rock, Inc., Corporate Parent Vanguard Group, Inc., Corporate Parent RLI Corp., Corporate Parent RLI Insurance Company, Corporate Parent State Street Corporation for Mt. Hawley Insurance Company (Meaders, Julie) Modified text on 11/2/2023 (mmv). [Transferred from Louisiana Eastern on 2/2/2024.] |
| Filing 2 Rule 7.1 Disclosure Statement by Mt. Hawley Insurance Company Diversity Jurisdiction. (Meaders, Julie) Modified text on 11/2/2023 (mmv). [Transferred from Louisiana Eastern on 2/2/2024.] |
| Filing 1 NOTICE OF REMOVAL from 21st JDC, Tangipahoa Parish, case number 23-0003217 Div. A (Filing fee $ 402 receipt number ALAEDC-10251956) filed by Mt. Hawley Insurance Company. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A Certified Copy of State Court Record, #3 Exhibit B Notice to State Court, #4 Exhibit C Listing and Notice of Compliance)Attorney Julie Schwartzwald Meaders added to party Mt. Hawley Insurance Company(pty:dft).(Meaders, Julie) Modified text on 11/2/2023 (mmv).[Transferred from Louisiana Eastern on 2/2/2024.] |
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