The Phoenix Insurance Company v. James River Insurance Company
| The Phoenix Insurance Company |
| James River Insurance Company |
| 1:2024cv00933 |
| February 8, 2024 |
| US District Court for the Southern District of New York |
| Margaret M Garnett |
| Insurance |
| 28 U.S.C. ยง 1332 ct Diversity-(Citizenship) |
| None |
Docket Report
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This docket was last retrieved on March 28, 2024. A more recent docket listing may be available from PACER.
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Filing 10
STIPULATION EXTENDING TIME TO ANSWER IT IS HEREBY STIPULATED AND AGREED, by and between undersigned counsel for Plaintiff, The Phoenix Insurance Company, and a representative of Defendant James River Insurance Company ("James River"), that the time for James River to answer, move, or otherwise respond to the Complaint in this matter has been extended to April 20, 2024. It is hereby ORDERED that Defendant's time to answer, move, or otherwise respond to the Complaint shall be extended to April 20, 2024. Future requests for adjournments or extensions of time must be made by letter-motion not by stipulation, pursuant to Rule I(A)(5) of the Court's Individual Rules & Practices. Such requests must be made at least two business days prior to the original date(s). Untimely future requests may be denied on the basis of their untimeliness alone. The dates and deadlines related to default judgment, including Plaintiff's deadline to file a motion for default judgment, as directed by the Court's Order dated March 25, 2024 (Dkt. No. 8) are adjourned sine die. The dates set forth in the Court's March 11, 2024 Order are reinstated: to wit, Initial Pre-Trial Conference on May 14, 2024 at 1:00 p.m., and Proposed Case Management Plan and joint letter due by May 7, 2024. (See Dkt. No. 7). SO ORDERED. James River Insurance Company answer due 4/20/2024. (Initial Conference set for 5/14/2024 at 01:00 PM before Judge Margaret M. Garnett.) (Signed by Judge Margaret M. Garnett on 3/27/2024) (jca)
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| Filing 9 NOTICE of Stipulation Extending Time to Answer re: #1 Complaint. Document filed by The Phoenix Insurance Company..(Fain, Rachel) |
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Filing 8
ORDER: In light of the fact that Defendant has not answered or otherwise made an appearance in this action, and appears to be in default, it is hereby ORDERED that all dates and deadlines, including the Initial Pretrial Conference scheduled for May 14, 2024, are adjourned sine die. It is further ORDERED that Plaintiff shall file a motion for default judgment in accordance with the Court's Individual Rules & Practices and Local Rule 55 no later than April 8, 2024. Failure to timely file a motion for default judgment may result in dismissal for failure to prosecute without further notice. Within two business days of the date of this Order, Plaintiff shall serve a copy of this Order, either electronically or by first-class mail, on the Defendant, and shall file proof of such service on ECF within three business days of the date of this Order. SO ORDERED. (Motions due by 4/8/2024.) (Signed by Judge Margaret M. Garnett on 3/25/2024) (mml)
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Filing 7
NOTICE OF REASSIGNMENT & INITIAL PRETRIAL CONFERENCE: This case has been reassigned to the undersigned. Unless and until the Court orders otherwise, all dates and deadlines shall remain in effect notwithstanding the case's reassignment, including Defendant's deadline to respond to the Complaint by March 21, 2024.Counsel for all parties shall appear for an Initial Pretrial Conference with the Court on Tuesday, May 14, 2024, at 1:00 p.m. in Courtroom 906 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, NY 10007. All counsel must familiarize themselves with the Court's Individual Rules & Practices ("Individual Rules"), which are available at https://nysd.uscourts.gov/hon-margaret-m-garnett, as further set forth herein. Initial Conference set for 5/14/2024 at 01:00 PM in Courtroom 906, 40 Centre Street, New York, NY 10007 before Judge Margaret M. Garnett. (Signed by Judge Margaret M. Garnett on 3/11/2024) (mml)
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| NOTICE OF CASE REASSIGNMENT to Judge Margaret M. Garnett. Judge Andrew L. Carter, Jr is no longer assigned to the case. (vba) |
| Filing 6 SUMMONS RETURNED EXECUTED Summons and Complaint served. James River Insurance Company served on 2/29/2024, answer due 3/21/2024. Service was made by MAIL. Document filed by The Phoenix Insurance Company..(Fain, Rachel) |
| Filing 5 ELECTRONIC SUMMONS ISSUED as to James River Insurance Company. (vf) |
| Case Designated ECF. (vf) |
| Magistrate Judge Stewart D. Aaron 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 OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Andrew L. Carter, Jr. 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) |
| Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent The Travelers Indemnity Company, Corporate Parent Travelers Property Casualty Corp., Corporate Parent The Travelers Companies, Inc., Corporate Parent Travelers Insurance Group Holdings, Inc. for The Phoenix Insurance Company. Document filed by The Phoenix Insurance Company..(Fain, Rachel) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to James River Insurance Company, re: #1 Complaint. Document filed by The Phoenix Insurance Company..(Fain, Rachel) |
| Filing 2 CIVIL COVER SHEET filed..(Fain, Rachel) |
| Filing 1 COMPLAINT against James River Insurance Company. (Filing Fee $ 405.00, Receipt Number ANYSDC-28921133)Document filed by The Phoenix Insurance Company..(Fain, Rachel) |
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| Plaintiff: The Phoenix Insurance Company | |
| Represented By: | Rachel Fain |
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| Defendant: James River Insurance Company | |
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