Kiska Construction LLC v. Ategrity Specialty Insurance Company et al
| Kiska Construction LLC |
| Ategrity Specialty Insurance Company and Accidentfund Insurance Company of America |
| 1:2024cv01129 |
| February 15, 2024 |
| US District Court for the Southern District of New York |
| Lewis J Liman |
| Insurance |
| 28 U.S.C. § 1332 in Diversity-Insurance Contract |
| None |
Docket Report
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This docket was last retrieved on April 1, 2024. A more recent docket listing may be available from PACER.
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Filing 15
JOINT STIPULATION REGARDING MOTION TO REMAND: Plaintiff Kiska Construction LLC ("Plaintiff") and Defendant Accident Fund Insurance Company of America ("Accident Fund") (collectively, the "Parties"), by and through their respective undersigned counsel of record, hereby stipulate as follows: 1. On February 15, 2024, Accident Fund filed a Notice of Removal to remove this action from New York Supreme Court, New York County to this Court. (ECF No. 1). 2. On March 15, 2024, Plaintiff filed a Motion to Remand this action. (ECF No. 9). 3. The Parties have conferred and stipulate that this action should be remanded to New York Supreme Court, New York County. 4. Plaintiff does not seek costs, expenses, or fees under 28 U.S.C. 1447(c) from Accident Fund in connection with the above-referenced removal or remand. IT IS SO STIPULATED. Pursuant to the parties' joint stipulation, this case is hereby REMANDED to the New York Supreme Court of New York County. The Clerk of Court is respectfully directed to transmit the case without delay. SO ORDERED. Motions terminated: #9 MOTION to Remand (Notice of Motion for Remand) filed by Kiska Construction LLC, #14 JOINT MOTION to Remand to State Court Joint Stipulation Regarding Motion to Remand filed by Accidentfund Insurance Company of America. (Signed by Judge Lewis J. Liman on 4/1/2024) (va)
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| CASE REMANDED OUT from the U.S.D.C. Southern District of New York to the State Court - Supreme Court of the State of New York, County of New York. Sent certified copy of docket entries and remand order. (va) |
| Filing 14 JOINT MOTION to Remand to State Court Joint Stipulation Regarding Motion to Remand. Document filed by Accidentfund Insurance Company of America..(Brennan, Jonathan) |
| Filing 13 CERTIFICATE OF SERVICE. Document filed by Kiska Construction LLC..(Giardino, John) |
| Filing 12 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Kiska Developers Inc. for Kiska Construction LLC. Document filed by Kiska Construction LLC..(Giardino, John) |
| Filing 11 MEMORANDUM OF LAW in Support re: #9 MOTION to Remand (Notice of Motion for Remand). . Document filed by Kiska Construction LLC..(Giardino, John) |
| Filing 10 DECLARATION of John Giardino in Support re: #9 MOTION to Remand (Notice of Motion for Remand).. Document filed by Kiska Construction LLC. (Attachments: #1 Exhibit 1 - Summons and Complaint, #2 Exhibit 2 - Affidavits of Service, #3 Exhibit 3 - Notice of Removal).(Giardino, John) |
| Filing 9 MOTION to Remand (Notice of Motion for Remand). Document filed by Kiska Construction LLC..(Giardino, John) |
| Filing 8 NOTICE OF APPEARANCE by John Giardino on behalf of Kiska Construction LLC..(Giardino, John) |
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Filing 7
ORDER granting #6 Letter Motion for Extension of Time to Answer re #6 SECOND LETTER MOTION for Extension of Time to File Answer addressed to Judge Lewis J. Liman from Jonathan J. Brennan dated 03/04/2024.. Accidentfund Insurance Company of America answer due 4/8/2024 (HEREBY ORDERED by Judge Lewis J. Liman)(Text Only Order) (Liman, Lewis)
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| Filing 6 SECOND LETTER MOTION for Extension of Time to File Answer addressed to Judge Lewis J. Liman from Jonathan J. Brennan dated 03/04/2024. Document filed by Accidentfund Insurance Company of America..(Brennan, Jonathan) |
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Filing 5
ORDER granting #4 Letter Motion for Extension of Time to Answer re #4 LETTER MOTION for Extension of Time to File Answer addressed to Judge Lewis J. Liman from Jonathan J. Brennan dated February 20, 2024.. Accidentfund Insurance Company of America answer due 3/7/2024 (HEREBY ORDERED by Judge Lewis J. Liman)(Text Only Order) (Liman, Lewis)
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| Filing 4 LETTER MOTION for Extension of Time to File Answer addressed to Judge Lewis J. Liman from Jonathan J. Brennan dated February 20, 2024. Document filed by Accidentfund Insurance Company of America..(Brennan, Jonathan) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Jonathan Jason Brennan. The following case opening statistical information was erroneously selected/entered: Dollar Demand 75,000,100. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to 75,000. (vf) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lewis J. Liman. 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 Gabriel W. Gorenstein 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 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent AccidentFund Holdings, Inc. for Accidentfund Insurance Company of America. Document filed by Accidentfund Insurance Company of America..(Brennan, Jonathan) |
| Filing 2 CIVIL COVER SHEET filed..(Brennan, Jonathan) |
| Filing 1 NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 650037-2024. (Filing Fee $ 405.00, Receipt Number ANYSDC-28954440).Document filed by Accidentfund Insurance Company of America. (Attachments: #1 Exhibit Exhibit A - State Court File, #2 Exhibit Exhibit B - NY Secretary of State Report).(Brennan, Jonathan) |
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