Bank of Hope v. Starr Surplus Lines Insurance Company

Plaintiff: Bank of Hope
Defendant: Starr Surplus Lines Insurance Company
Case Number: 1:2024cv01854
Filed: March 12, 2024
Court: US District Court for the Southern District of New York
Presiding Judge: Mary Kay Vyskocil
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. § 1332 bc Diversity-Breach of Contract
Jury Demanded By: Both
Docket Report

This docket was last retrieved on May 10, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 10, 2024 Filing 33 JOINT CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All Parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial. 28 U.S.C. 636(c). This case is to be tried to a jury. Any motion to amend or to join additional parties shall be filed within 30 days from the date of this Order. The parties are on notice that this estimate is unrealistically long, and they must plan accordingly. IT IS SO ORDERED. The Initial Conference that was scheduled to take place on May 13, 2024 is ADJOURNED sine die. Fact Discovery due by 9/20/2024. Expert Discovery due by 12/20/2025. Estimate length of trial 5-7 days. Status Conference set for 10/10/2024 at 10:30 AM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Mary Kay Vyskocil. (Signed by Judge Mary Kay Vyskocil on 5/10/2024) (tg)
May 7, 2024 Filing 32 PROPOSED CASE MANAGEMENT PLAN. Document filed by Bank of Hope..(Um, William)
May 7, 2024 Filing 31 ORDER. By noon on May 8, 2024, the parties shall refile their proposed Case Management Plan using the form on the Court's website. (HEREBY ORDERED by Judge Mary Kay Vyskocil) (Text Only Order)
May 6, 2024 Filing 30 PROPOSED CASE MANAGEMENT PLAN. Document filed by Bank of Hope..(Um, William)
May 1, 2024 Filing 29 NOTICE OF INITIAL PRETRIAL CONFERENCE: To join the conference, the parties should dial (646) 453-4442 and use Conference ID 471 145 041#. As further set forth by this Order. SO ORDERED. Initial Conference set for 5/13/2024 at 10:00 AM before Judge Mary Kay Vyskocil. (Signed by Judge Mary Kay Vyskocil on 5/1/2024) (tg)
April 30, 2024 Filing 28 ANSWER to #24 Amended Complaint, with JURY DEMAND. Document filed by Starr Surplus Lines Insurance Company..(Foran, Michael)
April 30, 2024 Filing 27 ORDER granting #26 Motion for Katie J. Aumiller to Appear Pro Hac Vice (HEREBY ORDERED by Judge Mary Kay Vyskocil)(Text Only Order) (rz)
April 29, 2024 Filing 26 MOTION for Katie J. Aumiller to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Starr Surplus Lines Insurance Company..(Aumiller, Katie)
April 29, 2024 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #26 MOTION for Katie J. Aumiller 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. (rju)
April 26, 2024 Filing 25 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Katie J. Aumiller to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29277327. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Starr Surplus Lines Insurance Company..(Aumiller, Katie) Modified on 4/26/2024 (rju).
April 26, 2024 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #25 MOTION for Katie J. Aumiller to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29277327. Motion and supporting papers to be reviewed by Clerk's Office staff.. The filing is deficient for the following reason(s): Affidavit must be stamped and notarized; 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. (rju)
April 25, 2024 Filing 24 FIRST AMENDED COMPLAINT amending #1 Complaint against Starr Surplus Lines Insurance Company with JURY DEMAND.Document filed by Bank of Hope. Related document: #1 Complaint. (Attachments: #1 Exhibit 1 to First Amended Complaint (Policy)).(Um, William)
April 23, 2024 Filing 23 LETTER addressed to Judge Mary Kay Vyskocil from William Um dated April 23, 2024 re: Bank of Hope intends to amend Complaint by April 29, 2024. Document filed by Bank of Hope..(Um, William)
April 23, 2024 Filing 22 ORDER granting #21 Motion for Michael L Foran to Appear Pro Hac Vice (HEREBY ORDERED by Judge Mary Kay Vyskocil)(Text Only Order) (rz)
April 23, 2024 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #21 MOTION for Michael L. Foran to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29255602. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (rju)
April 22, 2024 Filing 21 MOTION for Michael L. Foran to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29255602. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Starr Surplus Lines Insurance Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2).(Foran, Michael)
April 19, 2024 Filing 20 SCHEDULING ORDER granting #17 Letter Motion for Conference re: #17 LETTER MOTION for Conference re: #1 Complaint addressed to Judge Mary Kay Vyskocil from Dawn M. Brehony dated 4/9/2024. Having reviewed the arguments in Defendant's pre-motion letter, the Court concludes that a pre-motion conference is not necessary. The Court GRANTS Defendant leave to file a motion to dismiss Plaintiff's declaratory judgment claim on the schedule set forth below. IT IS HEREBY ORDERED that by April 23, 2024, Plaintiff shall file a letter stating whether it intends to amend the complaint. This will be Plaintiff's last opportunity to amend in response to arguments raised in Defendant's pre-motion letter. IT IS FURTHER ORDERED that if Plaintiff elects not to amend, Defendant's motion to dismiss is due April 29, 2024. Further briefing shall be submitted on the schedule set forth in Local Rule 6.1(b). IT IS FURTHER ORDERED that if Plaintiff elects to amend, the amended complaint is due April 29, 2024. Defendant shall respond to any amended complaint within 14 days of its filing. If Defendant responds with a motion to dismiss, further briefing of that motion will proceed on the schedule set forth in Local Rule 6.1(b). Any request for an extension or adjournment shall be made by letter filed on ECF and must be received at least 48 hours before the deadline. Plaintiff is on notice that failure to comply with court orders, the Court's Individual Rules, and the Federal Rules of Civil Procedure may result in sanctions, including dismissal for failure to prosecute. The Clerk of Court is respectfully requested to terminate the letter motion pending at docket entry 17. SO ORDERED.. (Signed by Judge Mary Kay Vyskocil on 4/19/2024) (mml)
April 19, 2024 Set/Reset Deadlines: Amended Pleadings due by 4/29/2024. Motions due by 4/29/2024. (mml)
April 10, 2024 Filing 19 ANSWER to #1 Complaint with JURY DEMAND. Document filed by Starr Surplus Lines Insurance Company..(Brehony, Dawn)
April 10, 2024 Filing 18 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU (SEE #19 Answer) - DEMAND for Trial by Jury. Document filed by Starr Surplus Lines Insurance Company.(Brehony, Dawn) Modified on 4/11/2024 (db). As per ECF-ERROR Email Correspondence received on 4/10/2024 @ 3:27pm.
April 9, 2024 Filing 17 LETTER MOTION for Conference re: #1 Complaint addressed to Judge Mary Kay Vyskocil from Dawn M. Brehony dated 4/9/2024. Document filed by Starr Surplus Lines Insurance Company..(Brehony, Dawn)
April 9, 2024 Filing 16 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Starr Insurance Group, Inc., Corporate Parent Starr Insurance Holdings, Inc., Corporate Parent STARR INDEMNITY & LIABILITY COMPANY, Corporate Parent Starr International Company, Inc. for Starr Surplus Lines Insurance Company. Document filed by Starr Surplus Lines Insurance Company..(Brehony, Dawn)
April 9, 2024 Filing 15 NOTICE OF APPEARANCE by Dawn Marie Brehony on behalf of Starr Surplus Lines Insurance Company..(Brehony, Dawn)
April 9, 2024 Filing 14 CERTIFICATE OF SERVICE. Starr Surplus Lines Insurance Company served on 3/20/2024, answer due 4/10/2024. Service was accepted by Osmara Martinez. Document filed by Bank of Hope..(Um, William)
March 20, 2024 Filing 13 NOTICE OF APPEARANCE by William T Um on behalf of Bank of Hope..(Um, William)
March 20, 2024 Filing 12 NOTICE OF APPEARANCE by Jordyn E. Ostroff on behalf of Bank of Hope..(Ostroff, Jordyn)
March 19, 2024 Filing 11 ORDER granting #9 Motion for Jordyn Ostroff to Appear Pro Hac Vice (HEREBY ORDERED by Judge Mary Kay Vyskocil)(Text Only Order) (rz)
March 19, 2024 Filing 10 ORDER granting #8 Motion for William Um to Appear Pro Hac Vice (HEREBY ORDERED by Judge Mary Kay Vyskocil)(Text Only Order) (rz)
March 15, 2024 Filing 9 MOTION for Jordyn Ostroff to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29085679. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Bank of Hope. (Attachments: #1 Affidavit in support of Motion for Admission Pro Hac Vice of Jordyn Ostroff, #2 Proposed Order for Admission Pro Hac Vice of Jordyn Ostroff, #3 Exhibit California Supreme Court Certificate of Good Standing for Jordyn Ostroff).(Vernick, Gillian)
March 15, 2024 Filing 8 MOTION for William Um to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Bank of Hope. (Attachments: #1 Affidavit in support of Motion for Admission Pro Hac Vice of William Um, #2 Proposed Order for Admission Pro Hac Vice of William Um, #3 Exhibit California Supreme Court Certificate of Good Standing for William Um).(Vernick, Gillian)
March 15, 2024 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #9 MOTION for Jordyn Ostroff to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29085679. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz)
March 15, 2024 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #8 MOTION for William Um 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. (sgz)
March 13, 2024 Filing 7 CIVIL COVER SHEET filed..(Vernick, Gillian)
March 13, 2024 Filing 6 ELECTRONIC SUMMONS ISSUED as to Starr Surplus Lines Insurance Company..(jgo)
March 13, 2024 ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Gillian Vernick to RE-FILE Document No. #3 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 was not signed or dated by the attorney;. 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)
March 13, 2024 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Mary Kay Vyskocil. 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)
March 13, 2024 ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Gillian Vernick. The following case opening statistical information was erroneously selected/entered: Citizenship Plaintiff code 2 (Citizen of Another State); Citizenship Defendant code 1 (Citizen of This State); County code Albany; Fee Status code none (no fee required);. The following correction(s) have been made to your case entry: the Citizenship Plaintiff code has been modified to 5 (Incorporated/Principal Place of Business-Other State); the Citizenship Defendant code has been modified to 4 (Incorporated/Principal Place of Business-This State); the County code has been modified to XX Out of State; the Fee Status code has been modified to pd (paid);. (jgo)
March 13, 2024 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. (jgo)
March 13, 2024 Case Designated ECF. (jgo)
March 12, 2024 Filing 5 NOTICE OF APPEARANCE by David S. Korzenik on behalf of Bank of Hope..(Korzenik, David)
March 12, 2024 Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Hope Bancorp, Inc. for Bank of Hope. Document filed by Bank of Hope..(Vernick, Gillian)
March 12, 2024 Filing 3 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Vernick, Gillian) Modified on 3/13/2024 (jgo).
March 12, 2024 Filing 2 REQUEST FOR ISSUANCE OF SUMMONS as to Starr Surplus Lines Insurance Company, re: #1 Complaint. Document filed by Bank of Hope..(Vernick, Gillian)
March 12, 2024 Filing 1 COMPLAINT against Starr Surplus Lines Insurance Company. Document filed by Bank of Hope. (Attachments: #1 Exhibit Policy).(Vernick, Gillian)
March 12, 2024 Civil Case Opening Fee Paid electronically via Pay.gov: for #1 Complaint. Filing fee $ 405.00. Pay.gov receipt number ANYSDC-29067705, paid on 3/12/2024..(gp)

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Plaintiff: Bank of Hope
Represented By: David S. Korzenik
Represented By: Gillian Vernick
Represented By: Jordyn E. Ostroff
Represented By: William T Um
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Defendant: Starr Surplus Lines Insurance Company
Represented By: Michael L. Foran
Represented By: Dawn Marie Brehony
Represented By: Katie Jimena Aumiller
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