Credit Consultative, Inc. v. XL Insurance America, Inc.
| Credit Consultative, Inc. doing business as Franchisee (#18734) of H&R Block, Inc. |
| XL Insurance America Inc. |
| Hurricane Ida Program Administrator |
| 1:2024cv05487 |
| July 19, 2024 |
| U.S. District Court for the Southern District of New York |
| Foley Square Office |
| Gregory H Woods |
| Insurance |
| 28 U.S.C. § 1441 in Petition for Removal- Insurance Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 11, 2024. A more recent docket listing may be available from PACER.
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Filing 22
LETTER addressed to Judge Gregory H. Woods from Gerald P. Dwyer, Jr., Esq. dated September 11, 2024 re: Joint Status Letter. Document filed by XL Insurance America Inc...(Dwyer, Gerald)
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Filing 21
ORDER granting #20 Motion for John E. Carr to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (va)
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Filing 20
MOTION for John E. Carr to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29828386. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Credit Consultative, Inc.. (Attachments: #1 Affidavit Affidavit, #2 Exhibit Certificate of Good Standing, #3 Proposed Order Proposed Order).(Freiberg, Peter)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #20 MOTION for John E. Carr to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29828386. 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 19
ORDER granting #18 Letter Motion to Continue.Plaintiff's August 27, 2024 request to adjourn the initial pretrial conference, Dkt. No. 18, is granted. The initial pretrial conference scheduled for August 29, 2024 is adjourned to September 18, 2024 at 4:00 p.m. The joint status letter and proposed case management plan described in the Court's July 19, 2024 order are due no later than September 11, 2024. The Clerk of Court is directed to terminate the motion pending at Dkt. No. 18. SO ORDERED. Initial Conference set for 9/18/2024 at 04:00 PM before Judge Gregory H. Woods.. (Signed by Judge Gregory H. Woods on 8/28/2024) (jca)
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Filing 18
LETTER MOTION to Continue Initial Pretrial Conference addressed to Judge Gregory H. Woods from Peter N. Freiberg dated August 27, 2024. Document filed by Credit Consultative, Inc...(Freiberg, Peter)
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Filing 17
NOTICE OF APPEARANCE by Peter Newton Freiberg on behalf of Credit Consultative, Inc...(Freiberg, Peter)
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Filing 16
NOTICE OF APPEARANCE by Gerald Parker Dwyer, Jr on behalf of XL Insurance America Inc...(Dwyer, Gerald)
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Filing 15
NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 8/29/2024 at 04:00 PM before Judge Gregory H. Woods. The conference will be conducted by telephone. The parties are directed to the Court's Individual Rules of Practice in Civil Cases, which are available on the Court's website. Rule 2 of the Court's Individual Rules contains the dial-in number for the conference and other relevant instructions. The parties are specifically directed to comply with Rule 2(B) of the Court's Individual Rules. (Signed by Judge Gregory H. Woods on 7/19/2024) (rro)
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Filing 14
CASE TRANSFERRED IN from the United States District Court - District of Louisiana Eastern; Case Number: 2:24-cv-01105. 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 OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Judge Gregory H. Woods. 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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Magistrate Judge Valerie Figueredo 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 Designated ECF. (vba)
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Filing 13
ORDER AND REASONS granting #9 MOTION to Transfer Case Venue to the Southern District of New York. Signed by Judge Eldon E. Fallon on 7/18/2024.(my) [Transferred from Louisiana Eastern on 7/19/2024.]
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Filing 12
HURRICANE IDA CLAIMS - ORDER re Motions to Compel and Payment of Mediation Fees. Signed by Chief Judge Nannette Jolivette Brown on 06/17/2024.(lag) [Transferred from Louisiana Eastern on 7/19/2024.]
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Filing 11
ORDER AND REASONS: IT IS ORDERED that XL Insurance's #7 Motion to Opt-Out of the Streamlined Settlement Program is GRANTED IN PART to the extent necessary for Defendant to prosecute its pending motion to transfer venue. If that motion is denied or the case otherwise remains on the docket, it will remain subject to the Hurricane Ida CMO and the Streamlined Settlement Program. Signed by Magistrate Judge Donna Phillips Currault on 6/12/2024. (alm) [Transferred from Louisiana Eastern on 7/19/2024.]
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Filing 10
Correction of Docket Entry by Clerk re #9 MOTION to Transfer Case . Signature block on pleading contains the name of an attorney who is not enrolled in this matter, Kevin Walsh. A motion to enroll and order is required to enroll. Any future pleadings containing the signature of an attorney not enrolled in this matter will not be accepted. (cs) [Transferred from Louisiana Eastern on 7/19/2024.]
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Filing 9
MOTION to Transfer Case Venue by XL Insurance America, Inc. Motion(s) will be submitted on 7/24/2024. (Attachments: #1 Memorandum in Support, #2 Notice of Submission, #3 Exhibit, #4 Exhibit)(Knighton, Jeffrey) Modified text on 6/6/2024 (cs). [Transferred from Louisiana Eastern on 7/19/2024.]
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Filing 8
Correction of Docket Entry by Clerk re #6 Response to Order to Show Cause: Filing attorney selected incorrect event. Correct event is Notice of Compliance. Clerk took corrective action by changing the event. No further action is necessary. (ko) [Transferred from Louisiana Eastern on 7/19/2024.]
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Filing 7
MOTION To Opt Out of the Streamlined Settlement Program by XL Insurance America, Inc.. Motion(s) referred to Donna Phillips Currault. Motion(s) will be submitted on 6/12/2024. (Attachments: #1 Memorandum in Support, #2 Notice of Submission)(Knighton, Jeffrey) [Transferred from Louisiana Eastern on 7/19/2024.]
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Filing 6
NOTICE OF COMPLIANCE by XL Insurance America, Inc. re #4 Directive of the Clerk (Attachments: #1 Exhibit "A" - Additional State Court Pleadings)(Knighton, Jeffrey) Modified on 5/17/2024 (ko). [Transferred from Louisiana Eastern on 7/19/2024.]
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Filing 5
ORDER OF RECUSAL. IT IS ORDERED that the Clerk of Court reallot this matter to another Section of this Court. Judge Wendy B Vitter recused. Case reassigned to Judge Eldon E. Fallon. Signed by Judge Wendy B Vitter on 5/2/2024.(mmv) (J. Fallon, Case Mgr, MJ Currault) [Transferred from Louisiana Eastern on 7/19/2024.]
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Filing 4
DIRECTIVE PURSUANT TO 28 U.S.C. 1447(b) re #1 Notice of Removal. By Clerk.(mmv) [Transferred from Louisiana Eastern on 7/19/2024.]
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Filing 3
HURRICANE IDA CLAIMS Fourth Amendment to CMO No. 1. Signed by Chief Judge Nannette Jolivette Brown on 12/12/2023.(mmv) [Transferred from Louisiana Eastern on 7/19/2024.]
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Filing 2
Initial Case Assignment to Judge Wendy B Vitter and Magistrate Judge Donna Phillips Currault. (cc) [Transferred from Louisiana Eastern on 7/19/2024.]
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Filing 1
NOTICE OF REMOVAL from 32nd JDC, Terrebonne Parish, case number 197900 Div. E (Filing fee $ 405 receipt number BLAEDC-10509707) filed by XL Insurance America, Inc. (Attachments: #1 Civil Cover Sheet, #2 Exhibit "A" - Petition for Damages, #3 Exhibit "B" - Settlement Letter, #4 Exhibit "C" - PCG Estimate, #5 Exhibit "D" - State Court Record) Attorney Jeffrey Scott Knighton, Jr added to party XL Insurance America, Inc.(pty:dft).(Knighton, Jeffrey) Modified text on 5/1/2024 (mmv). [Transferred from Louisiana Eastern on 7/19/2024.]
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