Certain Underwriters et al v. NIBCO Inc.
| CERTAIN UNDERWRITERS, ENDURANCE AMERICAN SPECIALTY INSURANCE COMPANY, LEAD UNDERWRITER, AS SUBROGEE OF PARK INTERMEDIATE HOLDINGS, LLC, PARK INTERMEDIATE HOLDINGS, LLC, in its own right and Park Intermediate Holdings, LLC |
| NIBCO INC. and NIBCO, Inc. |
| 1:2024cv00864 |
| February 6, 2024 |
| US District Court for the Southern District of New York |
| Analisa Torres |
| Prop. Damage Prod. Liability |
| 28 U.S.C. § 1332 pl Diversity-Product Liability |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 8, 2024. A more recent docket listing may be available from PACER.
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| Filing 16 LETTER MOTION for Extension of Time to File Jurisdictional Letter addressed to Judge Analisa Torres from Thuy T. Bui dated April 5, 2024. Document filed by NIBCO, Inc...(Bui, Thuy) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Michael J. Lorusso to RE-FILE re: Document No. #15 Amended Complaint. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; the wrong filer/filers were selected for the pleading; all of the filers were not selected for the pleading. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents.. Re-file the pleading using the event type Amended 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. (jgo) |
| Filing 15 FILING ERROR - DEFICIENT PLEADING - FILER ERROR - FIRST AMENDED COMPLAINT against NIBCO, Inc. with JURY DEMAND.Document filed by Certain Underwriters, Lead Underwriter, as Subrogee of Park Intermediate Holdings, LLC, Endurance American Specialty Insurance Company, Park Intermediate Holdings, LLC..(Lorusso, Michael) Modified on 4/5/2024 (jgo). |
| Filing 14 NOTICE OF APPEARANCE by Michael J. Lorusso on behalf of Certain Underwriters, Endurance American Specialty Insurance Company, Lead Underwriter, as Subrogee of Park Intermediate Holdings, LLC, Park Intermediate Holdings, LLC..(Lorusso, Michael) |
Filing 13
ORDER granting #12 Letter Motion for Extension of Time to Answer re #12 SECOND LETTER MOTION for Extension of Time to File Answer addressed to Judge Analisa Torres from Thuy T. Bui dated March 19, 2024. GRANTED. Defendant shall serve a copy of this order on Plaintiffs. SO ORDERED. (Signed by Judge Analisa Torres on 3/20/2024) (va)
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| Filing 12 SECOND LETTER MOTION for Extension of Time to File Answer addressed to Judge Analisa Torres from Thuy T. Bui dated March 19, 2024. Document filed by NIBCO, Inc...(Bui, Thuy) |
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Filing 11
ORDER: Accordingly, Plaintiffs' counsel's deadline to file a notice of appearance is ADJOURNED to March 22, 2024. Defendant shall serve a copy of this order on Plaintiffs. SO ORDERED. (Signed by Judge Analisa Torres on 2/28/2024) (vfr)
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Filing 10
ORDER granting #9 Letter Motion for Extension of Time to Answer re #1 Notice of Removal. GRANTED. By March 1, 2024, Plaintiffs' counsel shall file a notice of appearance. Defendant shall serve a copy of this order on Plaintiffs. SO ORDERED. NIBCO, Inc. answer due 3/22/2024. (Signed by Judge Analisa Torres on 2/23/2024) (va)
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| Filing 9 LETTER MOTION for Extension of Time to File Answer addressed to Judge Analisa Torres from Thuy T. Bui dated February 21, 2024. Document filed by NIBCO, Inc...(Bui, Thuy) |
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Filing 8
INITIAL PRETRIALSCHEDULING ORDER: 1. Counsel for all parties are directed to submit a joint letter and a jointly proposed Case Management Plan and Scheduling Order by April 8, 2024, in accordance with Rule 16 of the Federal Rules of Civil Procedure and the instructions set forth below. 2. COUNSEL FOR DEFENDANT IS DIRECTED TO IMMEDIATELY SEND A COPY OF THIS ORDER AND THE COURT'S INDIVIDUAL PRACTICES TO ALL PARTIES. (As further set forth herein.) SO ORDERED. (Signed by Judge Analisa Torres on 2/14/2024) (va)
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Filing 7
ORDER: To protect the public health, while promoting the "just, speedy, and inexpensive determination of every action and proceeding," Fed. R. Civ. P. 1, it is ORDERED pursuant to Rules 30(b)(3) and 30(b)(4) of the Federal Rules of Civil Procedure that all depositions in this action may be taken via telephone, videoconference, or other remote means. It is further ORDERED pursuant to Rule 30(b)(5) that a deposition will be deemed to have taken place "before an officer appointed or designated under Rule 28" if such officer attends the deposition using the same remote means used to connect all other participants, so long as all participants (including the officer) can clearly hear and be heard by all other participants. The parties are encouraged to engage in discovery through remote means at every available opportunity. SO ORDERED. (Signed by Judge Analisa Torres on 2/14/2024) (vfr)
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Filing 6
ORDER: To conserve resources, to promote judicial efficiency, and in an effort to achieve a faster disposition of this matter, it is hereby ORDERED that the parties discuss whether they are willing to consent, under 28 U.S.C. 636(c), to conducting all further proceedings before the assigned Magistrate Judge. If all parties consent to proceed before the Magistrate Judge, counsel for Defendant shall, by April 8, 2024, file a fully executed Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form, as further set forth herein. If any party does not consent to conducting all further proceedings before the assigned Magistrate Judge, the parties must file a joint letter, by April 8, 2024, advising the Court that the parties do not consent, but without disclosing the identity of the party or parties who do not consent. The parties are free to withhold consent without negative consequences. SO ORDERED. (Signed by Judge Analisa Torres on 2/14/2024) (vfr)
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| Filing 5 CERTIFICATE OF SERVICE of Notice of Removal with Exhibits, Civil Cover Sheet, Rule 7.1 Corporate Disclosure Statement, Notice of Appearance and Notice of Filing of Notice of Removal served on CERTAIN UNDERWRITERS, ENDURANCE AMERICAN SPECIALTY INSURANCE COMPANY, LEAD UNDERWRITER, AS SUBROGEE OF PARK INTERMEDIATE HOLDINGS, LLC and PARK INTERMEDIATE HOLDINGS, LLC, in its own right on 2/6/2024. Service was made by Mail & Email. Document filed by NIBCO, Inc...(Bui, Thuy) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Thuy Trang Bui. The party information for the following party/parties has been modified: NIBCO, INC., CERTAIN UNDERWRITERS, ENDURANCE AMERICAN SPECIALTY INSURANCE COMPANY, LEAD UNDERWRITER, AS SUBROGEE OF PARK INTERMEDIATE HOLDINGS, LLC and PARK INTERMEDIATE HOLDINGS, LLC, in its own right. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; party text was omitted. (vf) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Thuy Trang Bui. The following case opening statistical information was erroneously selected/entered: Dollar Demand Blank; County code Albany. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to $2,500,000; the County code has been modified to New York. (vf) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Analisa Torres. 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) |
| Magistrate Judge Robyn F. Tarnofsky 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) |
| Case Designated ECF. (vf) |
| Filing 4 NOTICE OF APPEARANCE by Thuy Trang Bui on behalf of NIBCO INC...(Bui, Thuy) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by NIBCO INC...(Bui, Thuy) |
| Filing 2 CIVIL COVER SHEET filed..(Bui, Thuy) |
| Filing 1 NOTICE OF REMOVAL from Supreme Court State of New York, County of New York. Case Number: 160885/2023. (Filing Fee $ 405.00, Receipt Number ANYSDC-28912296).Document filed by NIBCO INC.. (Attachments: #1 Exhibit A- Complaint, #2 Exhibit B - Statement of Authorization for Electronic Filing, #3 Exhibit C - Affidavit of Service through Secretary of State, #4 Exhibit D - Notice of Filing of Notice of Removal).(Bui, Thuy) |
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