Canal@Camp Apartments, LLC v. Mt. Hawley Insurance Company et al
| Canal@Camp Apartments, LLC |
| MT Hawley Insurance Company and Aparicio, Walker and Seeling, Inc. doing business as AWS Insurance |
| Hurricane Ida Program Administrator |
| 1:2024cv02413 |
| March 29, 2024 |
| U.S. District Court for the Southern District of New York |
| John G Koeltl |
| Insurance |
| 28 U.S.C. § 1332 in Diversity-Insurance Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 23, 2024. A more recent docket listing may be available from PACER.
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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. Mailed via UPS Tracking Number 1ZE22E530210050484 on 4/24/2024..(ks)
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Filing 34
MEMORANDUM OPINION AND ORDER: The Court has considered all of the arguments raised by the parties. To the extent not specifically addressed, the arguments are either moot or without merit. For the foregoing reasons, the plaintiff's motion to remand is granted. The Clerk is directed to remand this action to the New York State Supreme Court, New York County, to close all pending motions, and to close this case on the docket of this Court. SO ORDERED. (Signed by Judge John G. Koeltl on 4/23/2024) (ks) Transmission to Docket Assistant Clerk for processing.
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Filing 33
ORDER GRANTING MOTION FOR ADMISSION PRO HAC VICE granting #32 Motion for Kiley A. Aycock to Appear Pro Hac Vice. (Signed by Judge John G. Koeltl on 4/17/2024) (ks)
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Filing 32
MOTION for Kiley Anne Aycock to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29193176. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by MT Hawley Insurance Company. (Attachments: #1 Affidavit in Support of Motion to Appear Pro Hac Vice, #2 Exhibit Certificate of the Supreme Court of Texas, #3 Proposed Order Granting Motion for Admission Pro Hac Vice).(Aycock, Kiley)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #32 MOTION for Kiley Anne Aycock to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29193176. 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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Minute Entry for proceedings held before Judge John G. Koeltl: Telephone Conference held on 4/8/2024. (Fletcher, Donnie)
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Filing 31
ORDER GRANTING MOTION FOR ADMISSION PRO HAC VICE granting #30 Motion for Greg K. Winslett to Appear Pro Hac Vice. (Signed by Judge John G. Koeltl on 4/5/2024) (ks)
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Filing 30
MOTION for Greg K. Winslett to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29173338. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by MT Hawley Insurance Company. (Attachments: #1 Proposed Order proposed Order).(Winslett, Greg)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #30 MOTION for Greg K. Winslett to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29173338. 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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Filing 29
NOTICE OF APPEARANCE by Matthew David Kraus on behalf of MT Hawley Insurance Company..(Kraus, Matthew)
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Filing 28
NOTICE OF APPEARANCE by Andrew Jesse Furman on behalf of MT Hawley Insurance Company..(Furman, Andrew)
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Filing 27
ORDER: The parties are directed to appear for a telephone conference on April 8, 2024, at 3:00 p.m. Dial-in: 888-363-4749, with access code 8140049. SO ORDERED. ( Telephone Conference set for 4/8/2024 at 03:00 PM before Judge John G. Koeltl.) (Signed by Judge John G. Koeltl on 4/1/2024) (tg)
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Filing 26
CASE TRANSFERRED IN from the United States District Court - District of Louisiana Eastern; Case Number: 2:23-cv-05547. Original file certified copy of transfer order and docket entries received.
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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)
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Case Designated ECF. (vba)
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Magistrate Judge Ona T. Wang 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)
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CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Judge John G. Koeltl. 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)
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Filing 25
ORDER AND REASONS - IT IS ORDERED that Defendant's #15 MOTION to Transfer Venue is GRANTED, and this matter is TRANSFERRED to the United States District Court for the Southern District of New York. Plaintiff's #9 Motion to Remand remains pending. Signed by Judge Jane Triche Milazzo on 3/27/2024.(sa) [Transferred from Louisiana Eastern on 3/29/2024.]
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Filing 24
ORDER granting #23 Motion to Substitute Attorney. Added attorney Hannah Quicksell for Mt. Hawley Insurance Company. Attorney Julie Schwartzwald Meaders terminated. Signed by Judge Jane Triche Milazzo on 02/05/2024. (ko) [Transferred from Louisiana Eastern on 3/29/2024.]
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Filing 23
EXPARTE/CONSENT MOTION to Withdraw Julie S. Meaders as Attorney , MOTION to Substituted Attorney Hannah L. R. Quicksell by Mt. Hawley Insurance Company. (Attachments: #1 Proposed Order)(Schmeeckle, Seth) Modified on 2/2/2024 (sa). [Transferred from Louisiana Eastern on 3/29/2024.]
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Filing 22
Correction of Docket Entry by Clerk re #20 Reply to Response to Motion. **Document marked as filed in error, see rec. doc. 21 for corrected filing.** (am) [Transferred from Louisiana Eastern on 3/29/2024.]
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Filing 21
REPLY to Response to Motion filed by Mt. Hawley Insurance Company re #15 MOTION to Transfer Case Venue . (Attachments: #1 Exhibit A, #2 Exhibit B)(Meaders, Julie) [Transferred from Louisiana Eastern on 3/29/2024.]
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Filing 20
**FILED IN ERROR SEE REC. DOC. 21**REPLY to Response to Motion filed by Mt. Hawley Insurance Company re #15 MOTION to Transfer Case Venue . (Meaders, Julie) Modified text on 1/3/2024 (am). [Transferred from Louisiana Eastern on 3/29/2024.]
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Filing 19
RESPONSE/MEMORANDUM in Opposition filed by Canal@Camp Apartments, LLC re #9 MOTION to Remand to State Court . (Attachments: #1 Exhibit A)(Luminais, Ryan) [Transferred from Louisiana Eastern on 3/29/2024.]
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Filing 18
HURRICANE IDA CLAIMS Fourth Amendment to CMO No. 1. Signed by Chief Judge Nannette Jolivette Brown on 12/12/2023.(lag) [Transferred from Louisiana Eastern on 3/29/2024.]
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Filing 17
ORDER GRANTING #16 MOTION to Continue Submission Date. IT IS ORDERED that #15 MOTION to Transfer Venue is RESET for submission on January 3, 2024. Signed by Judge Jane Triche Milazzo on 12/13/2023.(sa) [Transferred from Louisiana Eastern on 3/29/2024.]
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Filing 16
EXPARTE/CONSENT MOTION to Continue Submission Date by Canal@Camp Apartments, LLC. (Attachments: #1 Proposed Order)(Luminais, Ryan) Modified text on 12/12/2023 (am). [Transferred from Louisiana Eastern on 3/29/2024.]
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Filing 15
MOTION to Transfer Case Venue by Mt. Hawley Insurance Company. Motion(s) will be submitted on 12/20/2023. (Attachments: #1 Memorandum in Support, #2 Proposed Order, #3 Notice of Submission, #4 Exhibit A Policy, #5 Exhibit B In re Mt Hawley Insurance Company, #6 Exhibit C Canal@Camp, #7 Exhibit D SR Hospitality, #8 Exhibit E Starlight Studios, #9 Exhibit F Esplanade 2018 Partners, #10 Exhibit G Domingue, #11 Exhibit H Coleman, #12 Exhibit I Burk Holding, #13 Exhibit J Brooks & Brooks, #14 Exhibit K UMMIID, #15 Exhibit L S R Hospitality, #16 Exhibit M Capital One First Management, #17 Exhibit N Valdes, #18 Exhibit O Krishiv, #19 Exhibit P Smith, #20 Exhibit Q Ninora, #21 Exhibit R Recovery Performance, #22 Exhibit S 421 NW 12 St, #23 Exhibit T Oasis Beauty, #24 Exhibit U La Teresita, #25 Exhibit V Murrayt Hill Presbyterian, #26 Exhibit W Storm Damage Solutions, #27 Exhibit X Summerwind, #28 Exhibit Y Doral City, #29 Exhibit Z Pinto, #30 Exhibit AA Missionary Baptist Church, #31 Exhibit BB US Rubber, #32 Exhibit CC Davilyn, #33 Exhibit DD La Porte, #34 Errata EE Amusam)(Meaders, Julie) [Transferred from Louisiana Eastern on 3/29/2024.]
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Filing 14
ANSWER to #1 Notice of Removal, and Affirmative Defenses by Mt. Hawley Insurance Company.(Meaders, Julie) [Transferred from Louisiana Eastern on 3/29/2024.]
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Filing 13
REPLY to Response to Motion filed by Canal@Camp Apartments, LLC re #9 MOTION to Remand to State Court . (jls) [Transferred from Louisiana Eastern on 3/29/2024.]
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Filing 12
ORDER granting #11 Motion for Leave to File Reply Memorandum. Signed by Judge Jane Triche Milazzo on 11/27/2023. (jls) [Transferred from Louisiana Eastern on 3/29/2024.]
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Filing 11
EXPARTE/CONSENT MOTION for Leave to File Reply in Response to Mt. Hawley Insurance Company's Opposition to Motion to Remand by Canal@Camp Apartments, LLC. (Attachments: #1 Proposed Order, #2 Proposed Pleading)(Luminais, Ryan) [Transferred from Louisiana Eastern on 3/29/2024.]
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Filing 10
RESPONSE/MEMORANDUM in Opposition to Motion filed by Mt. Hawley Insurance Company re #9 MOTION to Remand to State Court in Opposition. (Meaders, Julie) Modified on 11/15/2023 (sa). [Transferred from Louisiana Eastern on 3/29/2024.]
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Filing 9
MOTION to Remand to State Court by Canal@Camp Apartments, LLC. Motion(s) will be submitted on 11/22/2023. (Attachments: #1 Memorandum in Support, #2 Exhibit A, #3 Notice of Submission)(Garner, James) [Transferred from Louisiana Eastern on 3/29/2024.]
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Filing 8
Amended Exhibit A to Hurricane Ida Case Management Order. (lag) [Transferred from Louisiana Eastern on 3/29/2024.]
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Filing 7
HURRICANE IDA CLAIMS Third Amendment to CMO No. 1. Signed by Chief Judge Nannette Jolivette Brown on 09/14/2023.(lag) [Transferred from Louisiana Eastern on 3/29/2024.]
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Filing 6
ORDER OF RECUSAL. Judge Lance M Africk recused. Case reassigned to Judge Jane Triche Milazzo. Signed by Judge Lance M Africk on 09/28/2023. (NEF: Section H)(ko) [Transferred from Louisiana Eastern on 3/29/2024.]
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Filing 5
HURRICANE IDA CLAIMS AMENDED CASE MANAGEMENT ORDER NO. 1 with Addendum. Signed by Chief Judge Nannette Jolivette Brown on 10/25/2022.(ko) [Transferred from Louisiana Eastern on 3/29/2024.]
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Filing 4
Initial Case Assignment to Judge Lance M Africk and Magistrate Judge Karen Wells Roby. (mb) [Transferred from Louisiana Eastern on 3/29/2024.]
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Filing 3
NOTICE by Mt. Hawley Insurance Company re #1 Notice of Removal, Diversity Jurisdiction Disclosure Statement. (Meaders, Julie) [Transferred from Louisiana Eastern on 3/29/2024.]
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Filing 2
Statement of Corporate Disclosure by Mt. Hawley Insurance Company identifying Corporate Parent Black Rock, Inc., Corporate Parent The Vanguard Group, Inc., Corporate Parent RLI Corp., Corporate Parent RLI Insurance Company, Corporate Parent State Street Corporation for Mt. Hawley Insurance Company (Meaders, Julie) [Transferred from Louisiana Eastern on 3/29/2024.]
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Filing 1
NOTICE OF REMOVAL from Civil District Court Orleans Parish, case number 2023-09532 (Filing fee $ 402 receipt number ALAEDC-10177471) filed by Mt. Hawley Insurance Company. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A Certified Copy of State Court Record, #3 Exhibit B Notice to State Court, #4 Exhibit C Listing)Attorney Julie Schwartzwald Meaders added to party Mt. Hawley Insurance Company(pty:dft).(Meaders, Julie) [Transferred from Louisiana Eastern on 3/29/2024.]
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