Indian Harbor Insurance Company v. Build Group, Inc.
Petitioner: INDIAN HARBOR INSURANCE COMPANY
Respondent: Build Group, Inc.
Case Number: 1:2024cv04887
Filed: June 27, 2024
Court: U.S. District Court for the Southern District of New York
Presiding Judge: Loretta A Preska
Nature of Suit: Other Statutes: Arbitration
Cause of Action: 09 U.S.C. § 4 Petition to order arbitration; failure to arbitrate
Jury Demanded By: None
Docket Report

This docket was last retrieved on March 11, 2025. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 23, 2024 Opinion or Order Filing 17 REPLY MEMORANDUM OF LAW in Support re: #3 MOTION to Compel Arbitration . and Opposition to Build Groups Motion to Stay or Dismiss. Document filed by Indian Harbor Insurance Company..(Kallal, Amy)
August 14, 2024 Opinion or Order Filing 16 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate Pacific Structures, Inc., Other Affiliate Pacific Structures SC, Inc., Other Affiliate Build Group Construction Company, Inc., Other Affiliate Kybele Builders, Inc., Other Affiliate Ogden, Inc., Other Affiliate Level 5, Inc., Other Affiliate Level 5 - Washington, Other Affiliate GLAS Inc., Other Affiliate Pro-Shore, Other Affiliate Spark Services, Other Affiliate Wood, Inc. for Build Group, Inc.. Document filed by Build Group, Inc...(Levy, Mollie)
August 13, 2024 Opinion or Order Filing 15 NOTICE OF APPEARANCE by Miles C. Holden on behalf of Build Group, Inc...(Holden, Miles)
August 2, 2024 Opinion or Order Filing 14 RESPONSE in Opposition to Motion re: #3 MOTION to Compel Arbitration . . Document filed by Build Group, Inc.. (Attachments: #1 Affidavit Declaration Of Miles C. Holden ISO Respondent Build Group, Inc.'S Opposition To Petitioner Indian Harbor Insurance Companys Petition To Compel Arbitration And Respondent Build Group Inc.'S Motion To Stay Or Dismiss, #2 Exhibit Ex. I to Declaration Of Miles C. Holden ISO Respondent Build Group, Inc.'S Opposition To Petitioner Indian Harbor Insurance Companys Petition To Compel Arbitration And Respondent Build Group Inc.'S Motion To Stay Or Dismiss, #3 Exhibit Ex. 2 to Declaration Of Miles C. Holden ISO Respondent Build Group, Inc.'S Opposition To Petitioner Indian Harbor Insurance Companys Petition To Compel Arbitration And Respondent Build Group Inc.'S Motion To Stay Or Dismiss, #4 Exhibit Ex. 3 to Declaration Of Miles C. Holden ISO Respondent Build Group, Inc.'S Opposition To Petitioner Indian Harbor Insurance Companys Petition To Compel Arbitration And Respondent Build Group Inc.'S Motion To Stay Or Dismiss, #5 Exhibit Ex. 4 to Declaration Of Miles C. Holden ISO Respondent Build Group, Inc.'S Opposition To Petitioner Indian Harbor Insurance Companys Petition To Compel Arbitration And Respondent Build Group Inc.'S Motion To Stay Or Dismiss, #6 Exhibit Ex. 5 to Declaration Of Miles C. Holden ISO Respondent Build Group, Inc.'S Opposition To Petitioner Indian Harbor Insurance Companys Petition To Compel Arbitration And Respondent Build Group Inc.'S Motion To Stay Or Dismiss, #7 Supplement Notice Of Motion To Stay Or Dismiss Indian Harbor Insurance Company's Petition To Compel Arbitration).(Holden, Miles)
July 15, 2024 Opinion or Order Filing 13 ORDER FOR ADMISSION PRO HAC VICE: The motion of Mollie H. Levy, for admission to practice Pro Hac Vice in the above-captioned action is granted. (Signed by Judge Loretta A. Preska on 7/15/2024) (ks)
July 15, 2024 Opinion or Order >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #12 MOTION for Mollie H. Levy to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29600222. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of California;. 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)
July 12, 2024 Opinion or Order Filing 12 FILING ERROR - PDF ERROR - MOTION for Mollie H. Levy to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29600222. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Build Group, Inc.. (Attachments: #1 Affidavit of Mollie H. Levy In Support of Pro Hac Vice Application, #2 Exhibit A to the Affidavit of Mollie H. Levy In Support of Pro Hac Vice Application, #3 Proposed Order For Admission Pro Hac Vice).(Levy, Mollie) Modified on 7/15/2024 (bc).
July 8, 2024 Opinion or Order Filing 11 AFFIDAVIT OF SERVICE of PETITION TO COMPEL ARBITRATION; CIVIL COVER SHEET; NOTICE OF PETITION TO COMPEL ARBITRATION; DECLARATION OF AMY J. KALLAL IN SUPPORT OF PETITIONER INDIAN HARBOR INSURANCE COMPANY'S PETITION TO COMPEL ARBITRATION W/EXHIBITS 1, 2, & 3; DECLARATION OF JOHN HAN IN SUPPORT OF PETITIONER INDIAN HARBOR INSURANCE COMPANY'S PETITION TO COMPEL ARBITRATION W/EXHIBITS 1, 2, & 3; MEMORANDUM OF LAW IN SUPPORT OF PETITIONER INDIAN HARBOR INSURANCE COMPANY'S PETITION TO COMPEL ARBITRATION; RULE 7.1 STATEMENT served on Brett Flynn on 6/28/2024. Service was accepted by VICE PRESIDENT OF HUMAN RESOURCES. Document filed by Indian Harbor Insurance Company..(Kallal, Amy)
July 8, 2024 Opinion or Order Filing 10 ORDER granting #9 Letter Motion for Extension of Time to File Response/Reply re #9 LETTER MOTION for Extension of Time to File Response/Reply to Plaintiffs Petition to Compel Arbitration addressed to Judge Loretta A. Preska from Lloyd A Gura dated July 5, 2024., #3 MOTION to Compel Arbitration . The parties' request is granted. Respondent shall have until August 2, 2024, to file a response to the petition. Petitioner shall have until August 23, 2024, to file a reply. SO ORDERED. Responses due by 8/2/2024 Replies due by 8/23/2024. (Signed by Judge Loretta A. Preska on 7/8/2024) (tg)
July 5, 2024 Opinion or Order Filing 9 LETTER MOTION for Extension of Time to File Response/Reply to Plaintiffs Petition to Compel Arbitration addressed to Judge Loretta A. Preska from Lloyd A Gura dated July 5, 2024. Document filed by Indian Harbor Insurance Company..(Gura, Lloyd)
July 1, 2024 Opinion or Order Filing 8 ORDER: The firm in which my husband used to be a partner, Cahill Gordon & Reindel LLP, represents XL from time to time, but he did not work for that client. He is no longer a partner at the firm. SO ORDERED. (Signed by Judge Loretta A. Preska on 7/1/2024) (tg)
June 28, 2024 Opinion or Order Case Designated ECF. (sj)
June 28, 2024 Opinion or Order Magistrate Judge Gary Stein 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. (sj)
June 28, 2024 Opinion or Order CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Loretta A. Preska. 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..(sj)
June 28, 2024 Opinion or Order ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Amy Justine Kallal. The party information for the following party/parties has been modified: INDIAN HARBOR INSURANCE COMPANY. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps. (sj)
June 27, 2024 Opinion or Order Filing 7 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent AXA SA, Corporate Parent AXA Assurances IARD Mutuelle, Corporate Parent XL Group, Ltd., Corporate Parent XL America, Inc.,, Corporate Parent AXA Assurances Vie Mutuelle for INDIAN HARBOR INSURANCE COMPANY. Document filed by INDIAN HARBOR INSURANCE COMPANY..(Kallal, Amy)
June 27, 2024 Opinion or Order Filing 6 MEMORANDUM OF LAW in Support re: #3 MOTION to Compel Arbitration . . Document filed by INDIAN HARBOR INSURANCE COMPANY..(Kallal, Amy)
June 27, 2024 Opinion or Order Filing 5 DECLARATION of John Han in Support re: #3 MOTION to Compel Arbitration .. Document filed by INDIAN HARBOR INSURANCE COMPANY..(Kallal, Amy)
June 27, 2024 Opinion or Order Filing 4 DECLARATION of Amy J Kallal in Support re: #3 MOTION to Compel Arbitration .. Document filed by INDIAN HARBOR INSURANCE COMPANY. (Attachments: #1 Exhibit 1 Policy, #2 Exhibit 2 Build Groups Complaint filed in Build Group, Inc. v. Indian Harbor Insurance Company, United States District Court for the Northern District of California, Case No. 3:24-cv-02726-VC, on May 7, 2024, #3 Exhibit 3 June 27, 2024 AAA Demand for Arbitration).(Kallal, Amy)
June 27, 2024 Opinion or Order Filing 3 MOTION to Compel Arbitration . Document filed by INDIAN HARBOR INSURANCE COMPANY..(Kallal, Amy)
June 27, 2024 Opinion or Order Filing 2 CIVIL COVER SHEET filed..(Kallal, Amy)
June 27, 2024 Opinion or Order Filing 1 PETITION TO COMPEL ARBITRATION. (Filing Fee $ 405.00, Receipt Number ANYSDC-29541713).Document filed by INDIAN HARBOR INSURANCE COMPANY..(Kallal, Amy)

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Respondent: Build Group, Inc.
Represented By: Mollie Levy
Represented By: Miles C. Holden
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Petitioner: INDIAN HARBOR INSURANCE COMPANY
Represented By: Lloyd Andrew Gura
Represented By: Amy Justine Kallal
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