Colony Insurance Company v. American Empire Surplus Lines Insurance Company et al
| Colony Insurance Company |
| BRIAN JOHNSTON and American Empire Surplus Lines Insurance Company |
| 1:2024cv07033 |
| September 17, 2024 |
| US District Court for the Southern District of New York |
| Analisa Torres |
| Insurance |
| 28 U.S.C. § 1332 jd Diversity-Declaratory Judgement |
| None |
Docket Report
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This docket was last retrieved on November 14, 2024. A more recent docket listing may be available from PACER.
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Filing 23
STIPULATION EXTENDING TIME TO ANSWER IT IS HEREBY STIPULATED and agreed that the time for defendant American Empire Surplus Lines Insurance Company to appear and to answer, or to make any motion with relation to the Complaint in this action, be and the same hereby is extended to and including December 16, 2024. The reason the second extension is sought is to allow the parties more time to exchange documentation with an aim towards potential resolution of this case. SO ORDERED. American Empire Surplus Lines Insurance Company answer due 12/16/2024. (Signed by Judge Analisa Torres on 11/14/2024) (jca)
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Filing 22
ORDER granting #21 Letter Motion for Extension of Time. GRANTED. SO ORDERED. (Signed by Judge Analisa Torres on 11/14/2024) (jca)
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| Filing 21 LETTER MOTION for Extension of Time to submit proposed Case Management Plan and Scheduling Order addressed to Judge Analisa Torres from Maureen E. O'Connor dated November 13, 2024. Document filed by American Empire Surplus Lines Insurance Company..(O'Connor, Maureen) |
| Filing 20 NOTICE OF APPEARANCE by John David McKenna on behalf of American Empire Surplus Lines Insurance Company..(McKenna, John) |
| Filing 19 PROPOSED STIPULATION AND ORDER. Document filed by American Empire Surplus Lines Insurance Company..(O'Connor, Maureen) |
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Filing 18
SO-ORDERED STIPULATION EXTENDING TIME TO ANSWER: IT IS HEREBY STIPULATED and agreed that the time for defendant American Empire Surplus Lines Insurance Company to appear and to answer, or to make any motion with relation to the Complaint in this action, be and the same hereby is extended to and including November 15, 2024. SO ORDERED. American Empire Surplus Lines Insurance Company answer due 11/15/2024.( Motions due by 11/15/2024.) (Signed by Judge Analisa Torres on 10/15/2024) (vfr)
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| Filing 17 PROPOSED STIPULATION AND ORDER. Document filed by American Empire Surplus Lines Insurance Company..(O'Connor, Maureen) |
| Filing 16 NOTICE OF APPEARANCE by Maureen Elizabeth O'Connor on behalf of American Empire Surplus Lines Insurance Company..(O'Connor, Maureen) |
| Filing 15 SUMMONS RETURNED EXECUTED Summons and Complaint served. American Empire Surplus Lines Insurance Company served on 9/24/2024, answer due 10/15/2024. Service was made by MAIL. Document filed by Colony Insurance Company..(Edwins, William) |
| Filing 14 SUMMONS RETURNED EXECUTED Summons and Complaint served. Colony Insurance Company served on 9/25/2024, answer due 10/16/2024. Service was accepted by Paul C (DOE) - Officer. Document filed by Colony Insurance Company..(Edwins, William) |
| Filing 13 AFFIDAVIT OF SERVICE of Judge's Rules (Hon. Analisa Torres) and Initial Pretrial Scheduling Order served on American Empire Surplus Lines Insurance Company and Initial Pretrial Scheduling Order and Brian Johnston c/o Elefterakis, Elefterakis and Panek on 09/23/24. Service was made by MAIL. Document filed by Colony Insurance Company..(Edwins, William) |
| Filing 12 ELECTRONIC SUMMONS ISSUED as to Brian Johnston..(jgo) |
| Filing 11 ELECTRONIC SUMMONS ISSUED as to American Empire Surplus Lines Insurance Company..(jgo) |
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Filing 10
INITIAL PRETRIAL SCHEDULING CONFERENCE: 1. Counsel for all parties are directed to submit a joint letter and a jointly proposed Case Management Plan and Scheduling Order by November 18, 2024, in accordance with Rule 16 of the Federal Rules of Civil Procedure and the instructions set forth below. 2. COUNSEL FOR PLAINTIFF IS DIRECTED TO IMMEDIATELY SEND A COPY OF THIS ORDER AND THE COURT'S INDIVIDUAL PRACTICES TO ALL PARTIES, as further set forth. (Signed by Judge Analisa Torres on 9/19/2024) (mml)
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Filing 9
ORDER: To conserve resources, to promote judicial efficiency, and in an effort to achieve a faster disposition of this matter, it is hereby ORDERED that the parties discuss whether they are willing to consent, under 28 U.S.C. 636(c), to conducting all further proceedings before the assigned Magistrate Judge, as further set forth. (Signed by Judge Analisa Torres on 9/19/2024) (mml) Modified on 9/20/2024 (mml).
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Filing 8
ORDER: To protect the public health, while promoting the "just, speedy, and inexpensive determination of every action and proceeding," Fed. R. Civ. P. 1, it is ORDERED pursuant to Rules 30(b)(3) and 30(b)(4) of the Federal Rules of Civil Procedure that all depositions in this action may be taken via telephone, videoconference, or other remote means. It is further ORDERED pursuant to Rule 30(b)(5) that a deposition will be deemed to have taken place "before an officer appointed or designated under Rule 28" if such officer attends the deposition using the same remote means used to connect all other participants, so long as all participants (including the officer) can clearly hear and be heard by all other participants. The parties are encouraged to engage in discovery through remote means at every available opportunity. SO ORDERED. (Signed by Judge Analisa Torres on 9/19/2024) (mml)
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| Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to BRIAN JOHNSTON, re: #1 Complaint. Document filed by Colony Insurance Company..(Edwins, William) |
| Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to AMERICAN EMPIRE SURPLUS LINES INSURANCE COMPANY, re: #1 Complaint. Document filed by Colony Insurance Company..(Edwins, William) |
| Magistrate Judge Gabriel W. Gorenstein 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. (pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Analisa Torres. 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..(pc) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney William John Edwins. The party information for the following party/parties has been modified: BRIAN JOHNSTON. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps;. (pc) |
| Case Designated ECF. (pc) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney William John Edwins. The following case opening statistical information was erroneously selected/entered: County code Albany; Fee Status code due (due);. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State; the Fee Status code has been modified to pd (paid);. (pc) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney William John Edwins to RE-FILE Document No. #4 Request for Issuance of Summons, #5 Request for Issuance of Summons. The filing is deficient for the following reason(s): the date field on the official A.O. Summons form was completed by the attorney;. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pc) |
| Filing 5 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to BRIAN JOHNSTON, re: #1 Complaint. Document filed by Colony Insurance Company..(Edwins, William) Modified on 9/18/2024 (pc). |
| Filing 4 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to AMERICAN EMPIRE SURPLUS LINES INSURANCE COMPANY, re: #1 Complaint. Document filed by Colony Insurance Company..(Edwins, William) Modified on 9/18/2024 (pc). |
| Filing 3 FILING ERROR - CORPORATE PARENT/OTHER AFFILIATE NOT ADDED - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Colony Insurance Company..(Edwins, William) Modified on 9/17/2024 (lb). |
| Filing 2 CIVIL COVER SHEET filed..(Edwins, William) |
| Filing 1 COMPLAINT against American Empire Surplus Lines Insurance Company, BRIAN JOHNSTON. (Filing Fee $ 405.00, Receipt Number ANYSDC-29905064)Document filed by Colony Insurance Company..(Edwins, William) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Notice to Attorney William John Edwins to RE-FILE Document No. #3 Rule 7.1 Corporate Disclosure Statement. The filing is deficient for the following reason(s): the corporate parent/other affiliate was not added;. Re-file the document using the event type Rule 7.1 Corporate Disclosure Statement found under the event list Other Documents - select the correct filer/filers - attach the correct signed PDF - when prompted with the message "Are there any corporate parents or other affiliates?", select the Yes or No radio button - If Yes - enter the corporate parent/other affiliate, click the Search button - select the correct corporate parent/other affiliate name from the search results list or if no person found, create a new corporate parent/other affiliate - select the party to whom the corporate parent/other affiliate should be linked - add corporate parent/other affiliate names one at a time. (lb) |
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