Certain Underwriters at Lloyd's London et al v. BASF Corporation et al
| Certain Underwriters at Lloyd's London and Certain London Market Insurance Companies |
| BASF Corporation, Insurance Company Of North America, Central National Insurance Company of Omaha, HDI Global Insurance Company, HDI Global SE, Ace American Insurance Company, Travelers Casualty and Surety Company, Allianz Global Risks US Insurance Company, First State Insurance Company, AIU Insurance Company, Munich Reinsurance America, Inc., Lexington Insurance Company, Allstate Insurance Company, AXA Group AG, Axa Insurance Company, Zurich International (Bermuda) Limited, Allianz Versicherungs-AG, Everest Reinsurance Company, TIG Insurance Company, Twin City Fire Insurance Company, New England Reinsurance Corporation, National Casualty Company, Employers Mutual Casualty Company, Granite State Insurance Company, Insurance Company of the State of Pennsylvania, Interstate Fire & Casualty Company, National Union Fire Insurance Company of Pittsburgh, PA, RSA Insurance Group Limited, Westport Insurance Corporation and John Doe Insurers 1-50 |
| 1:2024cv01684 |
| March 5, 2024 |
| US District Court for the Southern District of New York |
| Colleen McMahon |
| Jennifer H Rearden |
| Insurance |
| 28 U.S.C. § 1332 Diversity Action |
| None |
Docket Report
This docket was last retrieved on April 18, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 37 NOTICE OF APPEARANCE by William Eugene McGrath, Jr on behalf of Munich Reinsurance America, Inc...(McGrath, William) |
| Filing 36 REPLY MEMORANDUM OF LAW in Support re: #21 CROSS MOTION for an Order: (i) (a) directing Plaintiffs Certain Underwriters at Lloyds, London and Certain London Market Insurance Companies to file a Rule 7.1 Statement, and (b) granting BASF Jurisdictional Discovery concerning the citizenship of Cer . Document filed by BASF Corporation. (Attachments: #1 Affidavit Reply Declaration of Lynda A. Bennett in Further Support of Cross-Motion, #2 Exhibit A - Updated JPML Docket Report for MDL No. 2873).(Bennett, Lynda) |
| Filing 35 MEMORANDUM OF LAW in Opposition re: #21 CROSS MOTION for an Order: (i) (a) directing Plaintiffs Certain Underwriters at Lloyds, London and Certain London Market Insurance Companies to file a Rule 7.1 Statement, and (b) granting BASF Jurisdictional Discovery concerning the citizenship of Cer . Document filed by Certain London Market Insurance Companies, Certain Underwriters at Lloyd's London..(Anderson, Matthew) |
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| Filing 33 NOTICE OF APPEARANCE by Jillian Dennehy on behalf of Everest Reinsurance Company, TIG Insurance Company..(Dennehy, Jillian) |
| Filing 32 MOTION for Heather Ashley Weaver to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by BASF Corporation. (Attachments: #1 Affidavit of Heather A. Weaver in Support of Pro Hac Vice Motion, #2 Proposed Order Granting the Admission of Heather A. Weaver Pro Hac Vice, #3 Exhibit - New York Certificate of Good Standing, #4 Exhibit - New Jersey Certificate of Good Standing).(Bennett, Lynda) |
| Filing 31 FILING ERROR - PDF ERROR - MOTION for Heather Ashley Weaver to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by BASF Corporation. (Attachments: #1 Affidavit of Heather A. Weaver in Support of Motion to Appear Pro Hac Vice, #2 Proposed Order Granting Motion for Heather A. Weaver to Appear Pro Hac Vice, #3 Exhibit - New York Certificate of Good Standing, #4 Exhibit - New Jersey Certificate of Good Standing).(Bennett, Lynda) Modified on 4/9/2024 (bc). |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #31 MOTION for Heather Ashley Weaver to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.The filing is deficient for the following reason(s): expired Certificate of Good Standing from Supreme Court of New Jersey; motion needs wet signature, wrong Judges initials in filing;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (bc) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #32 MOTION for Heather Ashley Weaver to Appear Pro Hac Vice . 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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| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #29 MOTION for Heather Ashley Weaver to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29184072. Motion and supporting papers to be reviewed by Clerk's Office staff. The filing is deficient for the following reason(s): Affidavit not notarized; Ink signature needed when not using your own pacer account. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. (sgz) |
| Filing 29 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Heather Ashley Weaver to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29184072. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by BASF Corporation. (Attachments: #1 Affidavit of Heather A. Weaver in Support of Motion to Appear Pro Hac Vice, #2 Proposed Order Granting Motion for Heather A. Weaver to Appear Pro Hac Vice, #3 Exhibit - New York Certificate of Good Standing, #4 Exhibit - New Jersey Certificate of Good Standing).(Bennett, Lynda) Modified on 4/8/2024 (sgz). |
| Filing 28 NOTICE OF APPEARANCE by Michael J. Tricarico on behalf of Westport Insurance Corporation..(Tricarico, Michael) |
| Filing 27 LETTER MOTION to Stay concerning staying the time to respond to the Complaint addressed to Judge Colleen McMahon from Lynda A. Bennett dated April 4, 2024. Document filed by BASF Corporation..(Bennett, Lynda) |
| Filing 26 NOTICE OF APPEARANCE by Robert F. Walsh on behalf of Ace American Insurance Company, Central National Insurance Company of Omaha, Insurance Company Of North America..(Walsh, Robert) |
| Filing 25 REPLY MEMORANDUM OF LAW in Support re: #10 MOTION to Stay re: #9 Notice (Other) . . Document filed by BASF Corporation. (Attachments: #1 Affidavit Lynda A. Bennett, #2 Exhibit A to Bennett Aff. - Conditional Transfer Order of March 28, 2024, #3 Exhibit B to Bennett Aff. - Complaint filed in the matter captioned Bouvet v. The 3M Company, No. 3:24-cv-00041, pending in the District Court for the Western District of Wisconsin, #4 Exhibit C to Bennett Aff. - Conditional Transfer Order of February 6, 2024, #5 Exhibit D to Bennett Aff. - Excerpts from the docket in the matter captioned Bouvet v. The 3M Company, No. 3:24-cv-00041, pending in the District Court for the Western District of Wisconsin, #6 Exhibit E to Bennett Aff. - Excerpts from the docket in the pending multidistrict litigation proceeding captioned In re Aqueous Film-Forming Foams Products Liability Litigation (MDL No. 2873), that is venued in the District of South Carolina).(Bennett, Lynda) |
| Filing 24 REPLY MEMORANDUM OF LAW in Support re: #7 MOTION to Remand to State Court Supreme Court of the State of New York. . Document filed by Certain London Market Insurance Companies, Certain Underwriters at Lloyd's London. (Attachments: #1 Affidavit Affirmation of Matthew B. Anderson in Support of Plaintiffs Reply Memorandum of Law in Further Support of Motion to Remand, #2 Exhibit A - Opinion and Order, Mich. Dept of Envt. v. Gerald R. Ford Intl Airport Auth., Case No. 1:23-cv- 01068 (W.D. Mich. Dec. 4, 2023)).(Anderson, Matthew) |
| Filing 23 MEMORANDUM OF LAW in Opposition re: #21 CROSS MOTION for an Order: (i) (a) directing Plaintiffs Certain Underwriters at Lloyds, London and Certain London Market Insurance Companies to file a Rule 7.1 Statement, and (b) granting BASF Jurisdictional Discovery concerning the citizenship of Cer . Document filed by BASF Corporation. (Attachments: #1 Affidavit of Craig Dashiell in Support of Cross-Motion, #2 Exhibit 1 - Complaint in BASF filed in District of South Carolina, #3 Exhibit 2 - Notice BASF filed in District of South Carolina, #4 Exhibit 3 - Complaint BASF filed in Superior Court of New Jersey, #5 Exhibit 4 - Certain Underwriters at Lloyds Amended Complaint filed in Eastern District of Arkansas, #6 Exhibit 5 - Law Reports: Lloyds Names Action not Time-barred, published on January 25, 1995 by Paul McGrath in the Independent, #7 Exhibit 6 - Website Pages Describing Liberty Specialty Markets MENA Limiteds Role, #8 Exhibit 7 - Website Pages Describing Legal Information, #9 Exhibit 8 - Spreadsheet found on Lloyds Londons website re: identity of syndicates, #10 Exhibit 9 - Judgment entered in the High Court of Justice Queens Bench Division, Commercial Court on November 3, 2000, #11 Exhibit 10 - Report from Llyods London describing the genesis of Syndicate 0044, #12 Exhibit 11 - Excerpts from the UK News Financial Times, #13 Exhibit 12 - Update published on December 21, 1997, on Business Insurances website).(Bennett, Lynda) |
| Filing 22 ACKNOWLEDGMENT OF SERVICE. Service was accepted by Stefano V. Calogero (attorney for ALLSTATE INSURANCE COMPANY (as successor-in-interest to Northbrook Excess and Surplus Insurance Company)). Document filed by Certain London Market Insurance Companies, Certain Underwriters at Lloyd's London..(Anderson, Matthew) |
| Filing 21 CROSS MOTION for an Order: (i) (a) directing Plaintiffs Certain Underwriters at Lloyds, London and Certain London Market Insurance Companies to file a Rule 7.1 Statement, and (b) granting BASF Jurisdictional Discovery concerning the citizenship of Certain Underwriters at Lloyds, London and the amount in controversy for the Names who served as the Underwriters for Certain Underwriters at Lloyds, London; or (ii) alternatively, converting this action into a class action pursuant to the Courts inherent authority re: #7 MOTION to Remand to State Court Supreme Court of the State of New York. . Document filed by BASF Corporation..(Bennett, Lynda) |
| Filing 20 ACKNOWLEDGMENT OF SERVICE. Service was accepted by Michael J. Tricarico (attorney for WESTPORT INSURANCE CORPORATION). Document filed by Certain London Market Insurance Companies, Certain Underwriters at Lloyd's London..(Anderson, Matthew) |
| Filing 19 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent BASF SE, Corporate Parent BASF Nederland BV, Corporate Parent BASF USA Holding LLC for BASF Corporation. Document filed by BASF Corporation..(Bennett, Lynda) |
| Filing 18 AFFIDAVIT OF SERVICE. Service was accepted by Vincenza Cipriano, Authorized Agent (service on BASF CORPORATION C/O CT CORP). Document filed by Certain London Market Insurance Companies, Certain Underwriters at Lloyd's London..(Anderson, Matthew) |
| Filing 17 MEMORANDUM OF LAW in Opposition re: #10 MOTION to Stay re: #9 Notice (Other) . . Document filed by Certain London Market Insurance Companies, Certain Underwriters at Lloyd's London. (Attachments: #1 Affidavit Affirmation of Matthew B. Anderson in Support Of Plaintiffs Memorandum of Law in Opposition to Defendant BASF Corporations Motion To Stay, #2 Exhibit A - Complaint - BASF Corporation, as successor in interest to Ciba Corporation, v. ACE American Insurance Company et al., Docket No. MID-L-001648-24 (Super. Ct. N.J. Mar. 13, 2024), #3 Exhibit B- Notice of Potential Tag-Along Action filed with the United States Judicial Panel on Multidistrict Litigation for the action entitled In Re: Aqueous Film-Forming Foams (AFFF) Products Liability Litigation, Case MDL No. 2873, Dkt. No. 2432 (Mar. 7, 2024), #4 Exhibit C - Order and Opinion, Tyco Fire Products LP v. AIU Ins. Co. et al. C.A. No. 2:23-2384-RMG (D.S.C. Oct. 17, 2023) Dkt. No. 103, #5 Exhibit D - United States Judicial Panel on Multidistrict Litigation Orders Denying Transfer in the action entitled In Re: Aqueous Film-Forming Foams ("AFFF") Products Liability Litigation, Case MDL No. 2873, Dkt. Nos. 541, 2129, 2217).(Anderson, Matthew) |
| Filing 16 NOTICE OF APPEARANCE by Adam J. Kaiser on behalf of AIU Insurance Company, Granite State Insurance Company, Insurance Company of the State of Pennsylvania, Lexington Insurance Company, National Union Fire Insurance Company of Pittsburgh, PA..(Kaiser, Adam) |
| Filing 15 NOTICE OF APPEARANCE by Elizabeth Anne Buckel on behalf of AIU Insurance Company, Granite State Insurance Company, Insurance Company of the State of Pennsylvania, Lexington Insurance Company, National Union Fire Insurance Company of Pittsburgh, PA..(Buckel, Elizabeth) |
| Filing 14 NOTICE OF APPEARANCE by Alexander Seton Lorenzo on behalf of AIU Insurance Company, Granite State Insurance Company, Insurance Company of the State of Pennsylvania, Lexington Insurance Company, National Union Fire Insurance Company of Pittsburgh, PA..(Lorenzo, Alexander) |
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| Filing 12 NOTICE OF APPEARANCE by Stefano V. Calogero on behalf of Allstate Insurance Company..(Calogero, Stefano) |
| Filing 11 NOTICE OF APPEARANCE by Eric Jesse on behalf of BASF Corporation..(Jesse, Eric) |
| Filing 10 MOTION to Stay re: #9 Notice (Other) . Document filed by BASF Corporation. (Attachments: #1 Affidavit of Lynda A. Bennett, #2 Exhibit 1 - Complaint that BASF filed on February 27, 2024 in the District of South Carolina, captioned BASF Corporation v. AIU Insurance Company, No. 2:24-cv-993, #3 Exhibit 2 - Notice of Potential Tag-Along Action that BASF filed on March 7, 2024 in the multidistrict litigation pending in the District of South Carolina, captioned In re Aqueous Film-Forming Foams (AFFF) Products Liability Litigation (MDL No. 2873)).(Bennett, Lynda) |
| Filing 9 NOTICE of Defendant BASF Corporation's Motion for a Stay. Document filed by BASF Corporation..(Bennett, Lynda) |
| Filing 8 MEMORANDUM OF LAW in Support re: #7 MOTION to Remand to State Court Supreme Court of the State of New York. . Document filed by Certain London Market Insurance Companies, Certain Underwriters at Lloyd's London. (Attachments: #1 Exhibit New York Action).(Anderson, Matthew) |
| Filing 7 MOTION to Remand to State Court Supreme Court of the State of New York. Document filed by Certain London Market Insurance Companies, Certain Underwriters at Lloyd's London. Return Date set for 4/4/2024 at 10:00 AM..(Anderson, Matthew) |
| Filing 6 NOTICE OF APPEARANCE by Matthew B. Anderson on behalf of Certain London Market Insurance Companies, Certain Underwriters at Lloyd's London..(Anderson, Matthew) |
| NOTICE OF CASE REASSIGNMENT to Judge Colleen McMahon. Judge Jennifer H. Rearden is no longer assigned to the case. (tro) |
| Filing 5 CIVIL COVER SHEET filed..(Bennett, Lynda) |
| Filing 4 NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 651150/2024..Document filed by BASF Corporation. (Attachments: #1 Exhibit A - Summons and Complaint).(Bennett, Lynda) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Lynda Anne Bennett to RE-FILE Document No. #1 Notice of Removal. The filing is deficient for the following reason(s): the wrong filer/filers were selected for the pleading. Re-file the pleading using the event type Notice of Removal 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) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Lynda Anne Bennett. The party information for the following party/parties has been modified: CERTAIN UNDERWRITERS AT LLOYDS, LONDON, and CERTAIN LONDON MARKET INSURANCE COMPANIES. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error. (gp) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Lynda Anne Bennett to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the civil cover sheet is not correct; the PDF case caption must list all of the party names. If all of the parties do not fit, include 'et al';. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated October 1, 2020. The S.D.N.Y. Civil Cover Sheet dated October 1, 2020 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (jgo) |
| 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. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jennifer H. Rearden. 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..(jgo) |
| Case Designated ECF. (jgo) |
| Filing 3 CERTIFICATE OF SERVICE. Document filed by CERTAIN UNDERWRITERS AT LLOYDS, LONDON, and CERTAIN LONDON MARKET INSURANCE COMPANIES, Certain London Market Insurance Companies..(Bennett, Lynda) |
| Filing 2 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Bennett, Lynda) Modified on 3/6/2024 (jgo). |
| Filing 1 FILING ERROR - DEFICIENT PLEADING - FILER ERROR - NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: NOT INDICATED. (Filing Fee $ 405.00, Receipt Number ANYSDC-29038122).Document filed by Certain London Market Insurance Companies, CERTAIN UNDERWRITERS AT LLOYDS, LONDON, and CERTAIN LONDON MARKET INSURANCE COMPANIES. (Attachments: #1 Exhibit A - Summons and Complaint).(Bennett, Lynda) Modified on 3/6/2024 (jgo). |
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