Washington National Insurance Company v. Obex Group LLC et al
| Washington National Insurance Company |
| Obex Group LLC and Randall Katzenstein |
| 7:2018cv09693 |
| October 22, 2018 |
| US District Court for the Southern District of New York |
| Vincent L Briccetti |
| Other Statutes: Arbitration |
| 09 U.S.C. § 7 |
| None |
Docket Report
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Filing 25
ORDER denying #11 Motion to Dismiss for Lack of Jurisdiction; denying #12 Motion to Dismiss for Lack of Jurisdiction. As discussed at an on-the-record conference held today, which counsel for petitioner attended in person and counsel for respondents attended by telephone, it is HEREBY ORDERED: 1. Respondents' motion to dismiss is DENIED. 2. Respondents' answer and/or motion to quash is due December 21, 2018. If respondents move to quash, petitioner's opposition to the motion is due December 28, 2018. Respondents' reply, if any, is due January 4, 2019. 3. The next conference is scheduled for January 22, 2019, at 2:30 p.m. The Clerk is directed to terminate the motions. (Docs. #11, 12). SO ORDERED. (Signed by Judge Vincent L. Briccetti on 12/10/2018) (mml)
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| Set/Reset Deadlines: Randall Katzenstein answer due 12/21/2018; Obex Group LLC answer due 12/21/2018. Motions due by 12/21/2018. Responses due by 12/28/2018. Replies due by 1/4/2019. Set/Reset Hearings: Status Conference set for 1/22/2019 at 02:30 PM before Judge Vincent L. Briccetti. (mml) |
| Minute Entry for proceedings held before Judge Vincent L. Briccetti: Status Conference held on 12/10/2018. (Court Reporter Angela Shaw-Crockett)Order to follow. (dh) |
| Set/Reset Hearings: Telephone Conference set for 12/10/2018 at 11:00 AM before Judge Vincent L. Briccetti. (anc) |
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Filing 24
MEMO ENDORSEMENT on re: #23 Letter filed by Obex Group LLC, Randall Katzenstein. ENDORSEMENT: APPLICATION GRANTED. Counsel shall call Chambers at (914) 390-4166. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 11/28/2018) (anc)
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| Filing 23 LETTER addressed to Judge Vincent L. Briccetti from Helen B. Kim dated November 28, 2018 re: Request for Motion Conference. Document filed by Randall Katzenstein, Obex Group LLC.(Kim, Helen) |
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Filing 22
ORDER granting #18 Letter Motion for Conference: All counsel for petitioner and respondents shall appear for an in-person conference on December 10, 2018, at 11:00 a.m. In light of both parties' voluminous filings to date, the Court will not accept any further submissions with respect to respondents' motion to dismiss. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (mpe)
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| Filing 21 LETTER addressed to Judge Vincent L. Briccetti from Helen B. Kim dated November 27, 2018 re: Your Honor's November 26 Order. Document filed by Randall Katzenstein, Obex Group LLC. (Attachments: #1 Exhibit)(Kim, Helen) |
| Filing 20 LETTER addressed to Judge Vincent L. Briccetti from Richard H. Epstein dated November 27, 2018 re: Your Honor's November 26 Order. Document filed by Washington National Insurance Company.(Epstein, Richard) |
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Filing 19
ORDER deferring ruling on #18 Letter Motion for Conference: By 11/30/2018, respondents' counsel shall respond by letter to the letter-motion, at which time the Court will decide how to proceed. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (mpe)
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| Filing 18 LETTER MOTION for Conference re: #15 Memorandum of Law in Opposition to Motion (Pre-Motion Conference) addressed to Judge Vincent L. Briccetti from Richard H. Epstein dated November 26, 2018. Document filed by Washington National Insurance Company.(Epstein, Richard) |
| Filing 17 DECLARATION of Richard H. Epstein in Opposition re: #12 MOTION to Dismiss for Lack of Jurisdiction .. Document filed by Washington National Insurance Company. (Attachments: #1 Exhibit 1- Arbitration Summons, #2 Exhibit 2- Arbitration Summons, #3 Exhibit 3- September 10 email, #4 Exhibit 4- Panel Order, #5 Exhibit 5- Petition, #6 Exhibit 6- Order Granting Petition, #7 Exhibit 7 Part 1- Newly Filed Complaint, #8 Exhibit 7 Part 2 - Newly Filed Complaint)(Epstein, Richard) |
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Filing 16
ORDER: It is hereby ORDERED that, by no later than December 6, 2018, petitioner must notify the Court by letter, with copies simultaneously delivered to respondents' counsel, whether (i) it intends to file an amended petition, or (ii) it will rely on the petition that is the subject of the motion to dismiss. If petitioner elects not to file an amended petition, the motion to dismiss will proceed in the regular course and, absent special circumstances, no further opportunities to amend will be granted. The time to file opposing and reply papers shall be governed by the Federal Rules of Civil Procedure and the Local Civil Rules, unless otherwise ordered by the Court. If petitioner elects to file an amended petition, it must file the amended petition by no later than 14 days after notifying the Court of its intent to do so. Respondents may then either (i) file an answer to the amended petition, (ii) file a motion to dismiss or quash the amended petition, or (iii) notify the Cami by letter, with copies simultaneously delivered to petitioner's counsel, that they are relying on the initially filed motion to dismiss. If respondents choose to file an answer to or a motion to dismiss or quash the amended petition, the time to do so shall be governed by the Federal Rules of Civil Procedure, unless otherwise ordered by the Court. (Signed by Judge Vincent L. Briccetti on 11/26/2018) (kgo)
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| Filing 15 MEMORANDUM OF LAW in Opposition re: #12 MOTION to Dismiss for Lack of Jurisdiction . . Document filed by Washington National Insurance Company. (Buckley, Joseph) |
| Filing 14 NOTICE OF APPEARANCE by Joseph L. Buckley on behalf of Washington National Insurance Company. (Buckley, Joseph) |
| Filing 13 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Randall Katzenstein, Obex Group LLC.(Kim, Helen) |
| Filing 12 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Dismiss for Lack of Jurisdiction . Document filed by Randall Katzenstein, Obex Group LLC. Responses due by 12/5/2018 (Attachments: #1 Memorandum of Law, #2 Affidavit of Helen B. Kim, #3 Exhibit A-Petition, #4 Exhibit B-Demand for Arbitration)(Kim, Helen) Modified on 12/14/2018 (db). |
| Filing 11 MOTION to Dismiss for Lack of Jurisdiction . Document filed by Randall Katzenstein, Obex Group LLC. Responses due by 12/5/2018(Kim, Helen) |
| Filing 10 SUMMONS RETURNED EXECUTED. Randall Katzenstein served on 11/1/2018, answer due 11/23/2018. Service was accepted by Ms. Jane Katzenstein. Document filed by Washington National Insurance Company. (Epstein, Richard) |
| Filing 9 SUMMONS RETURNED EXECUTED. Obex Group LLC served on 11/1/2018, answer due 11/23/2018. Service was accepted by Ms. Jane Katzenstein. Document filed by Washington National Insurance Company. (Epstein, Richard) |
| Filing 8 ELECTRONIC SUMMONS ISSUED as to Randall Katzenstein. (dnh) |
| Filing 7 CIVIL COVER SHEET filed. (Epstein, Richard) |
| Filing 6 ELECTRONIC SUMMONS ISSUED as to Obex Group LLC. (dnh) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Richard Howard Epstein to RE-FILE Document No. #4 Civil Cover Sheet. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the civil cover sheet is not correct; For Diversity Cases only one box may be selected for Plaintiff and one box for Defendant. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated June 2017. The S.D.N.Y. Civil Cover Sheet dated June 2017 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (dnh) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Richard Howard Epstein. The following case opening statistical information was erroneously selected/entered: County code New York. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State. (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 5 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent CNO Financial Group, Inc. for Washington National Insurance Company. Document filed by Washington National Insurance Company.(Epstein, Richard) |
| Filing 4 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed. (Epstein, Richard) Modified on 10/23/2018 (dnh). |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Randall Katzenstein, re: #1 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration,. Document filed by Washington National Insurance Company. (Epstein, Richard) |
| Filing 2 REQUEST FOR ISSUANCE OF SUMMONS as to Obex Group LLC, re: #1 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration,. Document filed by Washington National Insurance Company. (Epstein, Richard) |
| Filing 1 PETITION TO ENFORCE ARBITRATION. (Filing Fee $ 400.00, Receipt Number ANYSDC-15787768).Document filed by Washington National Insurance Company. (Attachments: #1 Exhibit 1 - Arbitration Summons to Obex Group, #2 Exhibit 2 - Arbitration Summons to Katzenstein, #3 Exhibit 3 - Email from Helen Kim, #4 Exhibit 4 - Order on Claimants Arbitration)(Epstein, Richard) |
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