Touchmark Hotel Group, LLC, v. Mt. Hawley Insurance Company
| Touchmark Hotel Group, LLC a Florida limited liability company doing business as Holiday Inn Express |
| MT Hawley Insurance Company |
| 1:2024cv06744 |
| September 5, 2024 |
| US District Court for the Southern District of New York |
| P Kevin Castel |
| Insurance |
| 28 U.S.C. § 1332 bc Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 5, 2024. A more recent docket listing may be available from PACER.
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| Filing 34 CASE TRANSFERRED IN from the United States District Court - District of Florida Middle; Case Number: 3:24-cv-00424. Original file certified copy of transfer order and docket entries received. |
| CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Judge P. Kevin Castel. 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) |
| 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) |
| 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 33
ORDER granting #10 Defendant's Motion to Transfer Venue (with directions to the Clerk of the Court). Signed by Judge Marcia Morales Howard on 9/4/2024. (JW) [Transferred from Florida Middle on 9/5/2024.]
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| Filing 32 AMENDED COMPLAINT against Mt. Hawley Insurance Company with Jury Demand. filed by Touchmark Hotel Group, LLC. (Attachments: #1 Exhibit A - Policy)(O'Neil, Jonathan) Modified on 9/4/2024 as to docket text (ARL). [Transferred from Florida Middle on 9/5/2024.] |
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Filing 31
ENDORSED ORDER: The parties are advised that upon the filing of the amended complaint as directed by Judge Lambert, the Court will grant #10 Defendants' Motion to Transfer Venue. Signed by Judge Marcia Morales Howard on 8/27/2024. (JW) [Transferred from Florida Middle on 9/5/2024.]
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Filing 30
ORDER granting doc. #27 Joint Motion to Drop Defendant Renaissance re Syndicate 1458 Lloyds and Incorporated Memorandum of Law. The Clerk shall terminate Syndicate 1458 at Lloyds, London as a defendant. On or before September 9, 2024, plaintiff shall file an amended complaint against defendant Mt. Hawley Insurance Company. Defendant shall respond to the amended complaint in the timeframe permitted by the Federal Rules of Civil Procedure. Signed by Magistrate Judge Laura Lothman Lambert on 8/26/2024. (NMK) [Transferred from Florida Middle on 9/5/2024.]
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| Filing 29 NOTICE of Lead Counsel Designation by Marcus Mahfood on behalf of Mt. Hawley Insurance Company, Underwriters at Lloyd's, London. Lead Counsel: Marcus G. Mahfood. (Mahfood, Marcus) [Transferred from Florida Middle on 9/5/2024.] |
| Filing 28 NOTICE TO COUNSEL Marcus Mahfood of Local Rule 2.02(a), which states, "The first paper filed on behalf of a party must designate only one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action." Counsel must file a Notice of Lead Counsel Designation identifying lead counsel. (Signed by Deputy Clerk). (EVK) [Transferred from Florida Middle on 9/5/2024.] |
| Filing 27 Joint MOTION to Modify #1 Complaint to Drop Defendant Renaissance Re Syndicate 1458 Lloyds and Incorporated Memorandum of Law by All Defendants. (Mahfood, Marcus) Motions referred to Magistrate Judge Laura Lothman Lambert. [Transferred from Florida Middle on 9/5/2024.] |
| Filing 26 Minute Entry. Virtual Proceedings held before Judge Marcia Morales Howard: STATUS CONFERENCE held on 7/19/2024. Supplemental information regarding jurisdiction or stipulation of dismissal without prejudice due August 23, 2024. Court Reporter: Katharine Healey (JW) [Transferred from Florida Middle on 9/5/2024.] |
| Filing 25 CORPORATE Disclosure Statement by Touchmark Hotel Group, LLC. (O'Neil, Jonathan) [Transferred from Florida Middle on 9/5/2024.] |
| Filing 24 NOTICE OF RESCHEDULING HEARING (AS TO TIME ONLY): The status conference previously scheduled for July 19, 2024, at 11:00 a.m. is rescheduled. New hearing time: Status Conference set for July 19, 2024, at 11:30 a.m. before Judge Marcia Morales Howard. The Zoom information previously provided to counsel remains the same. (JW) [Transferred from Florida Middle on 9/5/2024.] |
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Filing 23
ORDER striking doc. #21 plaintiff's disclosure statement. On or before July 18, 2024, plaintiff shall file a disclosure statement using the new form and answering all questions listed on the form. See Order for details. Signed by Magistrate Judge Laura Lothman Lambert on 7/17/2024. (NMK) [Transferred from Florida Middle on 9/5/2024.]
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| Filing 22 CASE MANAGEMENT REPORT. (O'Neil, Jonathan) [Transferred from Florida Middle on 9/5/2024.] |
| Filing 21 **STRICKEN** (per Order #23) CERTIFICATE of interested persons and corporate disclosure statement Pursuant to Federal Rule of Civil Procedure 7.1 nad Local Rule 3.03 by Touchmark Hotel Group, LLC. (O'Neil, Jonathan) Modified docket text on 7/17/2024 (SET). Modified on 7/18/2024 to edit docket text (MDC). [Transferred from Florida Middle on 9/5/2024.] |
| Filing 20 NOTICE of a related action per Local Rule 1.07(c) by Touchmark Hotel Group, LLC. Related case(s): No (O'Neil, Jonathan) [Transferred from Florida Middle on 9/5/2024.] |
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Filing 19
ENDORSED ORDER granting #18 Joint Motion to Reset Status Conference. However, the Court is unavailable on the three dates suggested by counsel and will be in several trials beginning on July 23, 2024, through September 13, 2024. Therefore, the hearing is reset for July 19, 2024, at 11:00 a.m. The Zoom information previously provided to counsel remains the same. Signed by Judge Marcia Morales Howard on 7/3/2024. (JW) [Transferred from Florida Middle on 9/5/2024.]
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| Filing 18 Joint MOTION to Continue to Reset Status Conference by Mt. Hawley Insurance Company, Underwriters at Lloyd's, London. (Mahfood, Marcus) [Transferred from Florida Middle on 9/5/2024.] |
| Filing 17 NOTICE of Status Conference on #12 Plaintiff's Supplemental Brief on Jurisdictional Issues and #16 Defendants' Brief on Jurisdictional Issues for 7/9/2024 at 11:00 AM via Zoom Video Conference before Judge Marcia Morales Howard. (JPA) [Transferred from Florida Middle on 9/5/2024.] |
| Filing 16 NOTICE by Mt. Hawley Insurance Company, Underwriters at Lloyd's, London re 15 Order Defendants' Brief on Jurisdictional Issues (Attachments: #1 Exhibit Declaration of Leo Barran, #2 Exhibit Ownership Structure)(Mahfood, Marcus) [Transferred from Florida Middle on 9/5/2024.] |
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Filing 15
ENDORSED ORDER vacating #14 Order granting Defendants' Motion to Transfer Venue because the Court is not yet satisfied that it has subject matter jurisdiction over this matter. Signed by Judge Marcia Morales Howard on 6/21/2024. (JW) [Transferred from Florida Middle on 9/5/2024.]
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Filing 14
**VACATED PER ORDER 15 ** ORDER granting #10 Defendants' Motion to Transfer Venue. This case is transferred to the United States District Court for the Southern District of New York for all further proceedings. The Clerk of the Court shall immediately forward the file to that district and close this file. Signed by Judge Marcia Morales Howard on 6/21/2024. (JW) Modified text on 6/24/2024 (KME). [Transferred from Florida Middle on 9/5/2024.]
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| Filing 13 RESPONSE to Motion re #10 MOTION to Change Venue / Transfer Case filed by Touchmark Hotel Group, LLC. (O'Neil, Jonathan) [Transferred from Florida Middle on 9/5/2024.] |
| Filing 12 PLAINTIFF'S BRIEF re #9 Order Jurisdictional Issues filed by Touchmark Hotel Group, LLC. (O'Neil, Jonathan) [Transferred from Florida Middle on 9/5/2024.] |
| Filing 11 ANSWER and affirmative defenses to #1 Complaint by Mt. Hawley Insurance Company, Underwriters at Lloyd's, London.(Mahfood, Marcus) Modified docket text on 6/6/2024 (JOS). [Transferred from Florida Middle on 9/5/2024.] |
| Filing 10 MOTION to Change Venue / Transfer Case by All Defendants. (Attachments: #1 Exhibit Policy, #2 Exhibit Mt. Hawley Fifth Circuit Order, #3 Exhibit Shri Dayavant Order, #4 Exhibit Krishiv Order, #5 Exhibit Capital One Order, #6 Exhibit Ninora Order, #7 Exhibit Smith Order, #8 Exhibit La Teresita Order, #9 Exhibit Murray Hill Order, #10 Exhibit Storm Damage Order, #11 Exhibit Valdes Order, #12 Exhibit Recovery Order, #13 Exhibit 421 NW Order, #14 Exhibit Doral City Order, #15 Exhibit Pinto Order, #16 Exhibit New Hope Order, #17 Exhibit Oasis Order, #18 Exhibit Storm Damage Order, #19 Exhibit Summerwind Order, #20 Exhibit Greater St. Stephens Order, #21 Exhibit Taramore Order, #22 Exhibit Canal@Camp Order, #23 Exhibit Clearly Condo Order, #24 Exhibit Goodwill Order, #25 Exhibit Brown's Village Order, #26 Exhibit Brooks & Brooks Order, #27 Exhibit SR Hospitality Order, #28 Exhibit Canal@Camp Order, #29 Exhibit Naz, LLC Order, #30 Exhibit Esplanade Order, #31 Exhibit KMT Order, #32 Exhibit Starlight Studios Order, #33 Exhibit Domingue Order, #34 Exhibit Coleman Order, #35 Exhibit Burk Holding Order, #36 Exhibit UMMID Order, #37 Exhibit SR Hospitality Order, #38 Exhibit Chapa Blue Order, #39 Exhibit US Rubber Order, #40 Exhibit Davilyn Order, #41 Exhibit La Porter Order, #42 Exhibit Amusam Order)(Mahfood, Marcus) [Transferred from Florida Middle on 9/5/2024.] |
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Filing 9
ORDER re: #8 Plaintiff's Brief on Jurisdictional Issues. Plaintiff shall provide the Court with sufficient information so that it can determine whether it has diversity jurisdiction over this action. See Order for details. Response due June 14, 2024. Signed by Judge Marcia Morales Howard on 5/30/2024. (JPA) [Transferred from Florida Middle on 9/5/2024.]
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| Filing 8 PLAINTIFF'S BRIEF re #6 Order filed by Touchmark Hotel Group, LLC. (O'Neil, Jonathan) [Transferred from Florida Middle on 9/5/2024.] |
| Filing 7 SUMMONS issued as to Mt. Hawley Insurance Company, Underwriters at Lloyd's, London. (ABM) [Transferred from Florida Middle on 9/5/2024.] |
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Filing 6
ORDER: Plaintiff shall provide the Court with sufficient information so that it can determine whether it has subject matter jurisdiction over this action. See Order for details. Response due by 5/15/2024. Signed by Judge Marcia Morales Howard on 5/1/2024. (JPA) [Transferred from Florida Middle on 9/5/2024.]
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| Filing 5 NOTICE of Local Rule 3.02(a)(2), which requires the parties in every civil proceeding, except those described in subsection (d), to file a case management report (CMR) using the uniform form at www.flmd.uscourts.gov. The CMR must be filed (1) within forty days after any defendant appears in an action originating in this court, (2) within forty days after the docketing of an action removed or transferred to this court, or (3) within seventy days after service on the United States attorney in an action against the United States, its agencies or employees. Judges may have a special CMR form for certain types of cases. These forms can be found at www.flmd.uscourts.gov under the Forms tab for each judge. (Signed by Deputy Clerk). (JW) [Transferred from Florida Middle on 9/5/2024.] |
| Filing 4 NOTICE TO COUNSEL Jonathan O'Neil of Local Rule 2.01(b)(2)(B), which requires members of the Middle District bar to maintain with the clerk a current telephone number, mailing address, and email address. Update your contact information for the Middle District through PACER. (Signed by Deputy Clerk). (ARL) [Transferred from Florida Middle on 9/5/2024.] |
| Filing 3 NEW CASE ASSIGNED to Judge Marcia Morales Howard and Magistrate Judge Laura Lothman Lambert. New case number: 3:24-cv-424-MMH-LLL. (ARL) [Transferred from Florida Middle on 9/5/2024.] |
| Filing 2 NOTICE of Lead Counsel Designation by Jonathan N. O'Neil on behalf of TOUCHMARK HOTEL GROUP, LLC d/b/a HOLIDAY INN EXPRESS. Lead Counsel: Jonathan O'Neil, Esq.. (O'Neil, Jonathan) [Transferred from Florida Middle on 9/5/2024.] |
| Filing 1 COMPLAINT and Demand for Jury Trial against All Defendants with Jury Demand filed by All Plaintiffs. (Attachments: #1 Exhibit "A" - Policy (O'Neil, Jonathan) Modified text on 5/2/2024 (ABM). (Additional attachment(s) added on 5/2/2024: #2 Civil Cover Sheet, #3 Proposed Summons) (ABM). [Transferred from Florida Middle on 9/5/2024.] |
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| Plaintiff: Touchmark Hotel Group, LLC a Florida limited liability company doing business as Holiday Inn Express | |
| Represented By: | Jonathan N. O'Neil |
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| Defendant: MT Hawley Insurance Company | |
| Represented By: | Marcus Mahfood |
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