MB 1607 LLC v. Mt Hawley Insurance Company
| MB 1607 LLC |
| MT Hawley Insurance Company |
| 1:2024cv07513 |
| October 3, 2024 |
| US District Court for the Southern District of New York |
| Jennifer L Rochon |
| Insurance |
| 28 U.S.C. § 1332 nr Diversity: Notice of Removal |
| Both |
Docket Report
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This docket was last retrieved on November 12, 2024. A more recent docket listing may be available from PACER.
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| Minute Entry for proceedings held before Judge Jennifer L. Rochon: Initial Pretrial Conference held on 11/12/2024. (aba) |
Filing 40
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: This Civil Case Management Plan (the "Plan") is submitted by the parties in accordancewith Federal Rule of Civil Procedure 26(f)(3). All parties do not consent to conducting all further proceedingsbefore a United States Magistrate Judge, including motions and trial. 28 U.S.C. 636(c). Settlement discussions have have taken place. Depositions shall be completed no later than March 12, 2025. The case is to be tried to a jury. Counsel for the parties have conferred and their best estimate of the length of trial is 3 to 5 days. Motions due by 11/29/2024. Deposition due by 4/25/2025. Fact Discovery due by 3/12/2025. Expert Discovery due by 4/25/2025. Discovery due by 4/25/2025. Case Management Conference set for 5/27/2025 at 11:00 AM before Judge Jennifer L. Rochon. Pretrial Conference set for 5/27/2025 at 11:00 AM before Judge Jennifer L. Rochon. (And as further set forth herein.) SO ORDERED. (Signed by Judge Jennifer L. Rochon on 11/12/2024) (jca)
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| Filing 39 NOTICE OF APPEARANCE by Martin Anthony Lynn on behalf of MB 1607 LLC..(Lynn, Martin) |
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Filing 38
ORDER GRANTING MOTION FOR ADMISSION PRO HAC VICE granting #31 Motion to Appear Pro Hac Vice. The motion of Brent J. Rodine, for admission to practice Pro Hac Vice in the above captioned action is granted. (Signed by Judge Jennifer L. Rochon on 11/6/2024) (jca)
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| Filing 37 NOTICE OF APPEARANCE by Achille Alipour on behalf of MT Hawley Insurance Company..(Alipour, Achille) |
| Filing 36 NOTICE OF APPEARANCE by Andrew Jesse Furman on behalf of MT Hawley Insurance Company..(Furman, Andrew) |
| Filing 35 NOTICE OF APPEARANCE by Matthew David Kraus on behalf of MT Hawley Insurance Company..(Kraus, Matthew) |
| Filing 34 LETTER addressed to Judge Jennifer L. Rochon from Greg K. Winslett dated November 2, 2024 re: Initial Pretrial Conference. Document filed by MT Hawley Insurance Company. (Attachments: #1 Proposed Order Civil Case Management Plan and Scheduling Order).(Winslett, Greg) |
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Filing 33
ORDER GRANTING MOTION FOR ADMISSION PRO HAC VICE granting #32 Motion to Appear Pro Hac Vice. The motion of Greg K. Winslett, for admission to practice Pro Hac Vice in the above captioned action is granted.. (Signed by Judge Jennifer L. Rochon on 10/9/2024) (jca)
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| Filing 32 MOTION for Greg K. Winslett to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-30014804. 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) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #32 MOTION for Greg K. Winslett to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-30014804. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (rju) |
| Filing 31 MOTION for Brent J. Rodine to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-30009643. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by MT Hawley Insurance Company. (Attachments: #1 Proposed Order Order Granting Motion for Admission Pro Hac Vice).(Rodine, Brent) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #31 MOTION for Brent J. Rodine to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-30009643. 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 30
NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 11/12/2024 at 11:00 AM in Courtroom 20B, 500 Pearl Street, New York, NY 10007 before Judge Jennifer L. Rochon. SO ORDERED. (Signed by Judge Jennifer L. Rochon on 10/4/2024) (jca)
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| Filing 29 CASE TRANSFERRED IN from the United States District Court - District of South Carolina; Case Number: 4:24-cv-01798. Original file certified copy of transfer order and docket entries received. |
| CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Judge Jennifer L. Rochon. 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 Sarah Netburn 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) |
| 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) |
| Case Designated ECF. (vba) |
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Filing 27
ORDER: Defendant's Motion to Transfer Venue (DE #4 ) is granted, and this case is transferred to the United States District Court for the Southern District of New York. IT IS SO ORDERED. Signed by the Honorable Joseph Dawson, III on 10/2/2024. (lgib, ) [Transferred from South Carolina on 10/3/2024.]
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| Filing 26 AMENDED CONFERENCE AND SCHEDULING ORDER. Defendants ID of Expert Witnesses Due by 10/14/2024, Records Custodian Affidavit due by 10/14/2024, Discovery due by 12/16/2024, Motions due by 1/13/2025, Jury Selection Deadline 4/14/2025, Mediation Due by 12/16/2024. Signed by the Honorable Joseph Dawson, III on 9/10/2024. (lgib, ) [Transferred from South Carolina on 10/3/2024.] |
| Filing 25 TEXT ORDER granting #24 Motion to Amend/Correct. Signed by the Honorable Joseph Dawson, III on 9/10/2024. (lgib, ) [Transferred from South Carolina on 10/3/2024.] |
| Filing 24 Consent MOTION to Amend/Correct #6 Scheduling Order,, by Mt Hawley Insurance Company. Response to Motion due by 8/28/2024. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Proposed Order)No proposed order.(Lyles, Robert) [Transferred from South Carolina on 10/3/2024.] |
| Filing 23 TEXT ORDER granting unopposed #19 Motion in Support of Pro Hac Vice Application for Brent J. Rodine. Signed by the Honorable Joseph Dawson, III on 7/16/2024. (lgib, ) [Transferred from South Carolina on 10/3/2024.] |
| Filing 22 TEXT ORDER granting unopposed #20 Motion in Support of Pro Hac Vice Application for Greg K. Winslett. Signed by the Honorable Joseph Dawson, III on 7/162024. (lgib, ) [Transferred from South Carolina on 10/3/2024.] |
| Filing 21 PLAINTIFF'S ID OF EXPERT WITNESSES by MB 1607 LLC.(Locklair, Laura) [Transferred from South Carolina on 10/3/2024.] |
| Filing 20 MOTION to Appear Pro Hac Vice by Greg K. Winslett ( Filing fee $ 350 receipt number ASCDC-11872406) by Mt Hawley Insurance Company. Response to Motion due by 7/25/2024. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Pro Hac Vice Application, #2 Exhibit Texas Cert of Good Standing, #3 Proposed Order)No proposed order.(Lyles, Robert) [Transferred from South Carolina on 10/3/2024.] |
| Filing 19 MOTION to Appear Pro Hac Vice by Brent J. Rodine ( Filing fee $ 350 receipt number ASCDC-11872358) by Mt Hawley Insurance Company. Response to Motion due by 7/25/2024. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Pro Hav Vice Application, #2 Exhibit Ok Cert of Good Standing, #3 Exhibit Texas Cert of Good Standing, #4 Proposed Order)No proposed order.(Lyles, Robert) [Transferred from South Carolina on 10/3/2024.] |
| Filing 18 DELETION OF DOCKET ENTRY NUMBER 13 and 16 Reason: filed incorrectly by filer. Corrected Filing Document Number: #17 Rule 26(f) Report. Modified filing date to that of original filing: 5/24/2024. (lgib, ) [Transferred from South Carolina on 10/3/2024.] |
| Filing 17 Rule 26(f) Report by Mt Hawley Insurance Company. (Lyles, Robert) Modified on 6/25/2024 to edit text and to correct filing date to date of original filing. (lgib, ) [Transferred from South Carolina on 10/3/2024.] |
| Filing 15 Local Rule 26.03 Answers to Interrogatories by MB 1607 LLC.(Locklair, Laura) [Transferred from South Carolina on 10/3/2024.] |
| Filing 14 Local Rule 26.01 Answers to Interrogatories by MB 1607 LLC.(Locklair, Laura) [Transferred from South Carolina on 10/3/2024.] |
| Filing 12 RESPONSE in Support re #4 MOTION to Transfer Case Response filed by Mt Hawley Insurance Company. (Lyles, Robert) [Transferred from South Carolina on 10/3/2024.] |
| Filing 11 TEXT ORDER granting #10 Unopposed Motion for Extension of Time. Defendant's reply to Plaintiff's response in Opposition to Motion to Transfer Venue [DE #9 ] shall be filed by May 24, 2024. Signed by the Honorable Joseph Dawson, III on 5/20/2024. (lgib, ) [Transferred from South Carolina on 10/3/2024.] |
| Filing 10 MOTION for Extension of Time to File Response/Reply as to #9 Response in Opposition to Motion, by Mt Hawley Insurance Company. Response to Motion due by 5/31/2024. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Lyles, Robert) [Transferred from South Carolina on 10/3/2024.] |
| Filing 9 RESPONSE in Opposition re #4 MOTION to Transfer Case Response filed by MB 1607 LLC.Reply to Response to Motion due by 5/17/2024 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Exhibit Report of J. David Horne, #2 Exhibit LLR record of J. David Horne, #3 Exhibit Roofing Quote, #4 Affidavit Aff. of Rishi Patel)(Locklair, Laura) [Transferred from South Carolina on 10/3/2024.] |
| Filing 8 TEXT ORDER granting #7 Consent Motion for Extension of Time. Plaintiff's response to Defendant's Motion to Transfer Case shall be filed by May 10, 2024. Signed by the Honorable Joseph Dawson, III on 5/2/2024. (lgib, ) [Transferred from South Carolina on 10/3/2024.] |
| Filing 7 MOTION for Extension of Time to File Response/Reply as to #4 MOTION to Transfer Case by MB 1607 LLC. Response to Motion due by 5/15/2024. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Proposed order is being emailed to chambers with copy to opposing counsel.(Locklair, Laura) [Transferred from South Carolina on 10/3/2024.] |
| Filing 6 CONFERENCE AND SCHEDULING ORDER. Rule 26(f) Conference Deadline 5/13/2024, 26(a) Initial Disclosures due by 5/24/2024, Rule 26 Report due by 5/24/2024, Motions to Amend Pleadings due by 6/14/2024, Plaintiffs ID of Expert Witness due by 7/15/2024, Defendants ID of Expert Witnesses Due by 8/14/2024, Records Custodian Affidavit due by 8/14/2024, Discovery due by 10/15/2024, Motions due by 11/14/2024, Jury Selection Deadline 2/12/2025, Mediation Due by 10/15/2024. Signed by the Honorable Joseph Dawson, III on 4/19/2024. (lgib, ) [Transferred from South Carolina on 10/3/2024.] |
| Filing 5 ANSWER to Complaint by Mt Hawley Insurance Company.(Lyles, Robert) [Transferred from South Carolina on 10/3/2024.] |
| Filing 4 MOTION to Transfer Case by Mt Hawley Insurance Company. Response to Motion due by 5/2/2024. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Ex 01 - Certified Policy, #2 Ex 02 - In re Mt. Hawley, #3 Ex 03 - Greater St. Stephens (EDLA), #4 Ex 04 - Taramore Square (MDLA), #5 Ex 05 - Canal@Camp (Hurricane Ida Claim) (EDLA), #6 Ex 06 - Clearly Condo (EDLA), #7 Ex 07 - Goodwill Industries (EDLA), #8 Ex 08 - Nidal (MDLA), #9 Ex 09 - Brown's Village Plaza, LLC (EDLA), #10 Ex 10 - KMT Painting and Decorating, LLC (EDLA), #11 Ex 11 - SR Hospitality (EDLA), #12 Ex 12 - Canal@Camp (EDLA), #13 Ex 13 - Starlight Studios (EDLA), #14 Ex 14 - NAZ LLC (EDLA), #15 Ex 15 - S R Hospitality (WDLA), #16 Ex 16 - Esplanade 2018 Partners (EDLA), #17 Ex 17 - Domingue (EDLA), #18 Ex 18 - Burk Holding (EDLA), #19 Ex 19 - UMMIID (WDLA), #20 Ex 20 - Brooks & Brooks (EDLA), #21 Ex 21 - William B. Coleman, Inc. (EDLA), #22 Ex 22 - Shri Dayavant (MDFL), #23 Ex 23 - Storm Damage Solutions (SDFL), #24 Ex 24 - Capital One First Management (MDFL), #25 Ex 25 - Valdes (SDFL), #26 Ex 26 - Krishiv (MDFL), #27 Ex 27 - Smith (MDFL), #28 Ex 28 - Ninora (MDFL), #29 Ex 29 - Recovery Performance (SDFL), #30 Ex 30 - 421 NW 12 St (SDFL), #31 Ex 31 - Oasis Beauty (NDFL), #32 Ex 32 - La Teresita (MDFL), #33 Ex 33 - Murray Hill Presbyterian (MDFL), #34 Ex 34 - Storm Damage Solutions (NDFL), #35 Ex 35 - Summerwind (NDFL), #36 Ex 36 - Doral City (SDFL), #37 Ex 37 - Pinto (SDFL), #38 Ex 38 - New Hope Missionary Baptist Church (SDFL), #39 Ex 39 - Chapa Blue (SDTX), #40 Ex 40 - Panth Narsinh, LLC (SDTX), #41 Ex 41 - US Rubber (SDTX), #42 Ex 42 - Davilyn (EDTX), #43 Ex 43 - La Porte (SDTX), #44 Ex 44 - Amusam (NDTX) ) No proposed order.(Lyles, Robert) Modified on 4/22/2024 to add descriptive texts to exhibits as provided by filing user (lgib, ). [Transferred from South Carolina on 10/3/2024.] |
| Filing 3 Local Rule 26.01 Answers to Interrogatories by Mt Hawley Insurance Company.(swel, ) [Transferred from South Carolina on 10/3/2024.] |
| Filing 1 NOTICE OF REMOVAL from Horry County Court of Common Pleas, case number 2024CP2601650. (Filing fee $ 405 receipt number ASCDC-11702523), filed by Mt Hawley Insurance Company. (Attachments: #1 State Court Documents (Exhibits 1 - 5), #2 (Exhibit 6) Neal McLoughlin Loss Consultant estimate)(swel, ) [Transferred from South Carolina on 10/3/2024.] |
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