Nationwide Mutual Fire Insurance Company v. Pok Academy, LLC et al
| Nationwide Mutual Fire Insurance Company |
| Urban Green Equities, LLC, City of Poughkeepsie, Pok Academy, LLC, Urban Green Equities II, LLC and Urban Green Builders, LLC |
| 7:2018cv09384 |
| October 15, 2018 |
| US District Court for the Southern District of New York |
| Vincent L Briccetti |
| Personal Property: Other |
| 28 U.S.C. § 1332 lp |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 29, 2019. A more recent docket listing may be available from PACER.
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| Filing 37 REPLY MEMORANDUM OF LAW in Opposition re: #25 MOTION to Dismiss The Complaint. . Document filed by Pok Academy, LLC, Urban Green Equities II, LLC. (Attachments: #1 Exhibit A (Invoice), #2 Exhibit B (Affirmation in Support))(Carr, Timothy) |
| Filing 36 LETTER addressed to Judge Vincent L. Briccetti from Timothy S. Carr dated November 27, 2017 re: Representation. Document filed by Pok Academy, LLC, Urban Green Equities II, LLC. (Attachments: #1 Exhibit A - Affidavit)(Carr, Timothy) |
Filing 35
ORDER granting #34 Letter Motion for Extension of Time to File Response/Reply: Defendants POK Academy LLC and Urban Green Equities II, LLC's time to reply is extended to December 7, 2018. Defense counsel is reminded he is required to advise whether he represents defendants Urban Green Builders, LLC and Urban Green Equities, LLC. Counsel shall do so by letter by 11/28/2018. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (del)
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| Filing 34 LETTER MOTION for Extension of Time to File Response/Reply as to #32 Memo Endorsement,,, Set Deadlines,, addressed to Judge Vincent L. Briccetti from Timothy S. Carr dated November 26, 2018. Document filed by Pok Academy, LLC, Urban Green Equities II, LLC. Return Date set for 12/7/2018 at 06:00 PM.(Carr, Timothy) |
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Filing 33
ENDORSED LETTER addressed to Judge Vincent L. Briccetti from James J. Burns dated 11/15/2018 re: I would request that the Court consider the time frame of the extensions granted to me by counsel when assigning dates by which parties are required to respond to the Summons and Complaint and the Motion to Dismiss. ENDORSEMENT: Defendant City of Poughkeepsie's time to move, answer, or otherwise respond to the complaint is extended to 12/21/2018. SO ORDERED. (City of Poughkeepsie answer due 12/21/2018.) (Signed by Judge Vincent L. Briccetti on 11/15/2018) (jca)
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Filing 32
MEMO ENDORSEMENT on re: #29 Letter, filed by Nationwide Mutual Fire Insurance Company. ENDORSEMENT: Plaintiff's opposition shall be due by 11/19/2018, and Defendants Pok Academy LLC and Urban Green Equities II's reply shall be due by 11/26/2018. Defense Counsel shall advise if he appears on behalf of defendants Urban Green Builders, LLC and Urban Green Equities, LLC by 11/26/2018. SO ORDERED. (Responses due by 11/19/2018. Replies due by 11/26/2018.) (Signed by Judge Vincent L. Briccetti on 11/14/2018) (anc) Modified on 11/15/2018 (anc).
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| Filing 31 REPLY MEMORANDUM OF LAW in Opposition re: #25 MOTION to Dismiss The Complaint. (replaces docket #30). Document filed by Nationwide Mutual Fire Insurance Company. (Theveny, Daniel) |
| Filing 30 MEMORANDUM OF LAW in Opposition re: #25 MOTION to Dismiss The Complaint. . Document filed by Nationwide Mutual Fire Insurance Company. (Theveny, Daniel) |
| Filing 29 LETTER addressed to Judge Vincent L. Briccetti from Daniel C. Theveny dated November 14, 2018 re: to the pending Motion to Dismiss the Complaint filed by Defendants POK Academy, LLC and Urban Green Equities II, LLC, and the Order of the Court in connection with same at DE #28. Document filed by Nationwide Mutual Fire Insurance Company.(Theveny, Daniel) |
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Filing 28
ORDER: Defendants having filed a motion to dismiss the complaint on November 8, 2018 (Doc. # 25), the Court sua sponte grants plaintiff leave to file an amended complaint. Accordingly, it is hereby ORDERED that, by no later than November 19, 2018, plaintiff must notify the Court by letter, with copies simultaneously delivered to all counsel, whether (i) it intends to file an amended complaint, or (ii) it will rely on the complaint that is the subject of the motion to dismiss, as further set forth in this Order. (Signed by Judge Vincent L. Briccetti on 11/9/2018) (mml)
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| Filing 27 MEMORANDUM OF LAW in Support re: #25 MOTION to Dismiss The Complaint. . Document filed by Pok Academy, LLC, Urban Green Equities II, LLC. (Attachments: #1 Exhibit Hargrove S&C, #2 Exhibit PKNY Answer, #3 Exhibit Third-Party Complaint, #4 Exhibit POK Answer)(Carr, Timothy) |
| Filing 26 AFFIRMATION of Timothy S. Carr in Support re: #25 MOTION to Dismiss The Complaint.. Document filed by Pok Academy, LLC, Urban Green Equities II, LLC. (Carr, Timothy) |
| Filing 25 MOTION to Dismiss The Complaint. Document filed by Pok Academy, LLC, Urban Green Equities II, LLC. Return Date set for 12/5/2018 at 09:30 AM.(Carr, Timothy) |
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Filing 24
ORDER FOR ADMISSION PRO HAC VICE granting #23 Motion for Daniel C. Theveny to Appear Pro Hac Vice. (Signed by Judge Vincent L. Briccetti on 11/7/2018) (mml)
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| Filing 23 MOTION for Daniel C. Theveny to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Nationwide Mutual Fire Insurance Company. (Attachments: #1 Affidavit, #2 Text of Proposed Order)(Theveny, Daniel) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #23 MOTION for Daniel C. Theveny to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (jc) |
| Filing 22 SUMMONS RETURNED EXECUTED Summons and Complaint, served. Service was accepted by Sue Zouky Authorized agent in the office of the Secretary of State of the State of New York. Document filed by Nationwide Mutual Fire Insurance Company. (Phelan, Robert) |
| Filing 21 SUMMONS RETURNED EXECUTED Summons and Complaint, served. Service was accepted by Sue Zouky Authorized agent in the office of the Secretary of State of the State of New York. Document filed by Nationwide Mutual Fire Insurance Company. (Phelan, Robert) |
| Filing 20 SUMMONS RETURNED EXECUTED Summons and Complaint, served. City of Poughkeepsie served on 10/18/2018, answer due 11/8/2018. Service was accepted by Donna M. Deluca Authorized Agent/Deputy City Chamberlain. Document filed by Nationwide Mutual Fire Insurance Company. (Phelan, Robert) |
| Filing 19 SUMMONS RETURNED EXECUTED Summons and Complaint, served. Urban Green Equities, LLC served on 10/18/2018, answer due 11/8/2018. Service was accepted by Sue Zouky Authorized agent in the office of the Secretary of State of the State of New York. Document filed by Nationwide Mutual Fire Insurance Company. (Phelan, Robert) |
| Filing 18 SUMMONS RETURNED EXECUTED Summons and Complaint, served. Urban Green Builders, LLC served on 10/18/2018, answer due 11/8/2018. Service was accepted by Sue Zouky Authorized agent in the office of the Secretary of State of the State of New York. Document filed by Nationwide Mutual Fire Insurance Company. (Phelan, Robert) |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #17 MOTION for Daniel C. Theveny to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-15826059. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): Pursuant to Local Rule 1.3. missing affidavit of the attorney.;. 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.. (wb) |
| Filing 17 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Daniel C. Theveny to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-15826059. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Nationwide Mutual Fire Insurance Company. (Attachments: #1 Text of Proposed Order)(Theveny, Daniel) Modified on 10/30/2018 (wb). |
| Filing 16 SUMMONS RETURNED EXECUTED Summons and Complaint, served. Urban Green Equities II, LLC served on 10/17/2018, answer due 11/7/2018. Service was accepted by Susan Moesker Project Manager. Document filed by Nationwide Mutual Fire Insurance Company. (Miller, Kristy) |
| Filing 15 SUMMONS RETURNED EXECUTED Summons and Complaint, served. Pok Academy, LLC served on 10/17/2018, answer due 11/7/2018. Service was accepted by Susan Moesker Project Manager. Document filed by Nationwide Mutual Fire Insurance Company. (Miller, Kristy) |
| Filing 14 NOTICE OF APPEARANCE by Kristy Z. Miller on behalf of Nationwide Mutual Fire Insurance Company. (Miller, Kristy) |
| Filing 13 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Nationwide Mutual Insurance Company, Corporate Parent Nationwide Property & Casualty Insurance Company for Nationwide Mutual Fire Insurance Company. Document filed by Nationwide Mutual Fire Insurance Company.(Phelan, Robert) |
| Filing 12 ELECTRONIC SUMMONS ISSUED as to City of Poughkeepsie. (dnh) |
| Filing 11 ELECTRONIC SUMMONS ISSUED as to Urban Green Equities II, LLC. (dnh) |
| Filing 10 ELECTRONIC SUMMONS ISSUED as to Urban Green Equities, LLC. (dnh) |
| Filing 9 ELECTRONIC SUMMONS ISSUED as to Urban Green Builders, LLC. (dnh) |
| Filing 8 ELECTRONIC SUMMONS ISSUED as to Pok Academy, LLC. (dnh) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Robert William Phelan. The following case opening statistical information was erroneously selected/entered: Dollar Demand 689000; Arbitration code e (Exempt); County code Dutchess; Fee Status code due (due). The following correction(s) have been made to your case entry: the Dollar Demand has been modified to 689; the Arbitration code has been deleted; the County code has been modified to XX Out of State; the Fee Status code has been modified to pd (paid). (dnh) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Robert William Phelan. The party information for the following party/parties has been modified: Nationwide Mutual Fire Insurance Company. The information for the party/parties has been modified for the following reason/reasons: alias party name was omitted. (dnh) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Vincent L. Briccetti. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. 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 #http://nysd.uscourts.gov/ecf_filing.php. (dnh) |
| Case Designated ECF. (dnh) |
| Magistrate Judge Paul E. Davison is so designated. 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: #http://nysd.uscourts.gov/forms.php. (dnh) |
| Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to City of Poughkeepsie, re: #1 Complaint,. Document filed by Nationwide Mutual Fire Insurance Company. (Phelan, Robert) |
| Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to Urban Green Equities II, LLC, re: #1 Complaint,. Document filed by Nationwide Mutual Fire Insurance Company. (Phelan, Robert) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Urban Green Equities, LLC, re: #1 Complaint,. Document filed by Nationwide Mutual Fire Insurance Company. (Phelan, Robert) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Urban Green Builders, LLC, re: #1 Complaint,. Document filed by Nationwide Mutual Fire Insurance Company. (Phelan, Robert) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Pok Academy, LLC, re: #1 Complaint,. Document filed by Nationwide Mutual Fire Insurance Company. (Phelan, Robert) |
| Filing 2 CIVIL COVER SHEET filed. (Phelan, Robert) |
| Filing 1 COMPLAINT against City of Poughkeepsie, Pok Academy, LLC, Urban Green Builders, LLC, Urban Green Equities II, LLC, Urban Green Equities, LLC. (Filing Fee $ 400.00, Receipt Number ANYSDC-15745268)Document filed by Nationwide Mutual Fire Insurance Company.(Phelan, Robert) |
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