Housing and Redevelopment Insurance Exchange v. Guy Carpenter & Company, LLC
| Housing and Redevelopment Insurance Exchange |
| Guy Carpenter & Company L.L.C. |
| 1:2024cv02412 |
| March 29, 2024 |
| US District Court for the Southern District of New York |
| Mary Kay Vyskocil |
| Contract: Other |
| 28 U.S.C. § 1332 oc Diversity-Other Contract |
| Plaintiff |
Docket Report
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| Filing 17 CASE TRANSFERRED IN from the United States District Court - District of Pennsylvania Middle; Case Number: 3:23-cv-00996. Original file certified copy of transfer order and docket entries received. |
| Magistrate Judge Sarah Netburn 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. (vba) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case 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..(vba) |
| Case Designated ECF. (vba) |
| NOTE TO OUT OF STATE ATTORNEYS: Please visit the Court's website at https://nysd.uscourts.gov/ for information regarding admission to the S.D.N.Y. Bar and the CM/ECF Rules & Filing Instructions. (vba) |
Filing 16
ORDER granting in part and denying in part #11 Motion to Dismiss. In accordance with the accompanying Memorandum, IT IS HEREBY ORDERED THAT:1.The defendants motion to dismiss or transfer this diversity action pursuant to a contractual forum-selection clause (Doc. 11) is GRANTED in part and DENIED in part;2.The motion is GRANTED with respect to the defendants request that this action be transferred to the United States District Court for the Southern District of New York pursuant to 28 U.S.C. 1404(a);3.The motion is DENIED with respect to the defendants requests that this action be dismissed on forum non conveniens grounds and that the defendant be awarded attorney fees as damages for the plaintiffs breach of a forum-selection clause;4.This action shall be TRANSFERRED to the United States District Court for the Southern District of New York pursuant to 28 U.S.C. 1404(a); and5.The clerk shall mark this case as CLOSED. Signed by Chief MJ Joseph F. Saporito, Jr on 3/25/24 (ms) [Transferred from Pennsylvania Middle on 3/29/2024.]
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| Filing 15 MEMORANDUM (Order to follow as separate docket entry) re #11 MOTION to Dismiss -Transfer filed by Guy Carpenter & Company, LLC. For the foregoing reasons, the defendants motion to dismiss or transfer this diversity action pursuant to a contractual forum-selection clause (Doc. 11) will be granted in part and denied in part. The motion will be granted with respect to the defendants request that this action be transferred to the United States District Court for the Southern District of New York pursuant to 28 U.S.C. 1404(a). The motion will be denied with respect to the defendants requests that this action be dismissed on forum non conveniens grounds and that the defendant be awarded attorney fees as damages for the plaintiffs breach of the BSA forum-selection clause.An appropriate order follows. Signed by Chief MJ Joseph F. Saporito, Jr on 3/25/24. (ms) [Transferred from Pennsylvania Middle on 3/29/2024.] |
| Filing 14 REPLY BRIEF re #11 MOTION to Dismiss -Transfer filed by Guy Carpenter & Company, LLC. (Attachments: #1 Exhibit(s))(Leitner, Curtis) [Transferred from Pennsylvania Middle on 3/29/2024.] |
| Filing 13 CONSENTS to Proceed Before US Magistrate Judge Saporito in Direct Assignment Cases pursuant to Standing Order 2022-19. (jkc) [Transferred from Pennsylvania Middle on 3/29/2024.] |
| Filing 12 BRIEF IN OPPOSITION re #11 MOTION to Dismiss -Transfer filed by Housing and Redevelopment Insurance Exchange. (Attachments: #1 Declaration, #2 Exhibit(s), #3 Exhibit(s))(Doherty, James) [Transferred from Pennsylvania Middle on 3/29/2024.] |
| Filing 11 MOTION to Dismiss -Transfer by Guy Carpenter & Company, LLC. (Attachments: #1 Exhibit(s) Exhibits 1-6, #2 Proposed Order Proposed Order)(Leitner, Curtis) [Transferred from Pennsylvania Middle on 3/29/2024.] |
| Filing 10 SPECIAL ADMISSIONS FORM APPROVED as to Curtis B. Leitner Signed by Magistrate Judge Joseph F. Saporito, Jr on 7/26/23. (ms) [Transferred from Pennsylvania Middle on 3/29/2024.] |
| Filing 9 PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Curtis Leitner on behalf of Guy Carpenter & Company, LLC Attorney Curtis Leitner is seeking special admission. Filing fee $ 50, receipt number APAMDC-6351471.. (Leitner, Curtis) [Transferred from Pennsylvania Middle on 3/29/2024.] |
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Filing 8
ORDER granting #5 Motion for Extension of Time to Answer re #5 First MOTION for Extension of Time to File Answer re #1 Complaint , #6 Amended MOTION for Extension of Time to File Answer re #1 Complaint Guy Carpenter & Company, LLC answer due 7/27/2023.; granting #6 Motion for Extension of Time to Answer re #5 First MOTION for Extension of Time to File Answer re #1 Complaint , #6 Amended MOTION for Extension of Time to File Answer re #1 Complaint Guy Carpenter & Company, LLC answer due 7/27/2023. Signed by Magistrate Judge Joseph F. Saporito, Jr on 7/10/23 (ms) [Transferred from Pennsylvania Middle on 3/29/2024.]
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| Filing 7 CONSENT FORM SENT (For Direct Assignment Cases to Magistrate Judges) to All Parties YOU MUST SAVE THIS FORM TO YOUR DESKTOP. THEN OPEN THE SAVED FORM AND COMPLETE THE REQUIRED SECTIONS. DO NOT FILE THIS FORM IN THE CLERKS OFFICE. THE COMPLETED FORM MUST BE E-MAILED TO consents@pamd.uscourts.gov OR IF YOU DO NOT HAVE AN E-MAIL ACCOUNT YOU MAY MAIL THE FORM TO Clerks Administrative Assistant, Clerks Office, P.O. Box 1148, Scranton, PA 18501-1148. Consent Form due by 8/9/2023 (Attachments: #1 Consent defendant) (ms) [Transferred from Pennsylvania Middle on 3/29/2024.] |
| Filing 6 Amended MOTION for Extension of Time to File Answer re #1 Complaint by Guy Carpenter & Company, LLC.(McDonald, Terrence) [Transferred from Pennsylvania Middle on 3/29/2024.] |
| Filing 5 First MOTION for Extension of Time to File Answer re #1 Complaint by Guy Carpenter & Company, LLC.(McDonald, Terrence) [Transferred from Pennsylvania Middle on 3/29/2024.] |
| Filing 4 NOTICE of Appearance by Terrence J. McDonald on behalf of All Defendants (McDonald, Terrence) [Transferred from Pennsylvania Middle on 3/29/2024.] |
| Filing 3 NOTICE of Appearance by Terrence J. McDonald on behalf of All Defendants (McDonald, Terrence) [Transferred from Pennsylvania Middle on 3/29/2024.] |
| Filing 2 Summons Issued as to Guy Carpenter & Company, LLC and provided TO ATTORNEY ELECTRONICALLY VIA ECF for service on Defendant(s)in the manner prescribed by Rule 4 of the Federal Rules of Civil Procedure. (NOTICE TO ATTORNEYS RECEIVING THE SUMMONS ELECTRONICALLY: You must print the summons and the attachment when you receive it in your e-mail and serve the complaint on all defendants in the manner prescribed by Rule 4 of the Federal Rules of Civil Procedure). (Attachments: #1 Summons Packet) (ga) [Transferred from Pennsylvania Middle on 3/29/2024.] |
| Filing 1 COMPLAINT against Guy Carpenter & Company, LLC ( Filing fee $402, Receipt Number 6317148), filed by Housing and Redevelopment Insurance Exchange. (Attachments: #1 Civil Cover Sheet)(ga) [Transferred from Pennsylvania Middle on 3/29/2024.] |
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