Penn-America Insurance Company v. MG Commercial Concrete et al
| Penn-America Insurance Company |
| New Generations Masonry, Onekey, LLC, O'Neill Group-Dutton, LLC, Elizabeth V. Mejia, MG Commercial Concrete, New Generations Masonry LLC and MG Commercial Concrete LLC |
| 7:2019cv02315 |
| March 14, 2019 |
| US District Court for the Southern District of New York |
| Vincent L Briccetti |
| Lisa Margaret Smith |
| Insurance |
| 28 U.S.C. § 2201 dj |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on July 23, 2020. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 48
ORDER: The Docket Sheet entry at Docket # 47 in the above-referenced action erroneously states, "Motions due by 8/28/2019." That is a past deadline that had been included in an earlier version of the Civil Case Discovery Plan and Scheduling Order, Docket # 40, and was for motions to amend or join additional parties. The parties are to disregard the docket entry and refer to the document filed at Docket # 47 for all relevant deadlines. (Signed by Magistrate Judge Lisa Margaret Smith on 11/5/2019) (mml)
|
| Set/Reset Deadlines: Deposition due by 1/10/2020. Expert Discovery due by 1/10/2020. Fact Discovery due by 1/29/2020. (rj) |
|
Filing 47
CIVIL CASE DISCOVERY PLAN AND ORDER granting #46 Letter Motion for Extension of Time to Complete Discovery. All parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial, pursuant to 28 U.S.C. 636(c). This case is not to be tried to a jury. All fact discovery shall be completed by January 29, 2020. Non Expert Deposition due by January 29, 2020. Expert Discovery due by 1/10/2020. Discovery due by 1/29/2020. Motions due by 8/28/2019. The parties have conferred and their present best estimate of the length of the trial is one day. (Signed by Magistrate Judge Lisa Margaret Smith on 11/4/2019) (rj)
|
| Filing 46 FIRST LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge Lisa M. Smith from Brad C. Westlye dated November 3, 2019. Document filed by Penn-America Insurance Company. (Attachments: #1 Exhibit Original and Proposed Scheduling Dates)(Westlye, Brad) |
| Minute Entry for proceedings held before Magistrate Judge Lisa Margaret Smith: Status Conference held on 10/31/2019. Brad C. Westlye appearing in person on behalf of Plaintiff. Michael C. Zwal appearing in person on behalf of Defendant Elizabeth V. Mejia. Kevin T. Fitzpatrick appearing in person on behalf of Defendants O'Neill Group-Dutton, LLC and Onekey, LLC. Salvatore J. DeSantis appearing in person on behalf of Defendants MG Commercial Concrete and New Generations Masonry. Discovery issues addressed on the record; see transcript. Adjourned to March 2, 2020, at 2:30 PM for an in-person status conference. (Status Conference set for 3/2/2020 at 02:30 PM in Courtroom 520, 300 Quarropas Street, White Plains, NY 10601 before Magistrate Judge Lisa Margaret Smith) (Court Reporter: Courtflow) (ESL) |
| Minute Entry for proceedings held before Magistrate Judge Lisa Margaret Smith: Status Conference held on 9/24/2019. Brad C. Westlye appearing in person on behalf of Plaintiff. Michael C. Zwal appearing in person on behalf of Defendant Elizabeth V. Mejia. Kevin T. Fitzpatrick appearing in person on behalf of Defendants O'Neill Group-Dutton, LLC and Onekey, LLC. Paul Cividanes appearing in person on behalf of Defendants MG Commercial Concrete and New Generations Masonry. Discovery issues addressed on the record; see transcript. Adjourned to October 31, 2019, at 3:00 PM for an in-person status conference. (Status Conference set for 10/31/2019 at 3:00 PM in Courtroom 520, 300 Quarropas Street, White Plains, NY 10601 before Magistrate Judge Lisa Margaret Smith) (Court Reporter: Courtflow) (ESL) |
|
Filing 45
MEMO ENDORSEMENT on re: #44 Request for Production of Documents filed by Elizabeth V. Mejia. ENDORSEMENT: The parties shall not file discovery documents unless in connection with a motion to compel discovery. See Fed. R. Civ. P. 5(d)(1); S.D.N.Y. Local Civ. R. 5.1. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 9/16/2019) (kv)
|
| Filing 44 REQUEST FOR PRODUCTION OF DOCUMENTS.Document filed by Elizabeth V. Mejia, Elizabeth V. Mejia.(Zwal, Michael) |
| Filing 43 SCHEDULING NOTICE: Status Conference set for 9/24/2019 at 02:00 PM in Courtroom 520, 300 Quarropas Street, White Plains, NY 10601 before Magistrate Judge Lisa Margaret Smith. Please note: counsel seeking to reschedule an appearance must have all parties on the line prior to contacting chambers. (Signed by Magistrate Judge Lisa Margaret Smith on 8/5/2019) (rj) |
|
Filing 42
ORDER: In order to facilitate the progress of pre-trial discovery of this litigation in a just, speedy and inexpensive manner, to insure compliance with the case management plan, and to prevent the accumulation of unresolved discovery issues, the following procedures will be followed for the resolution of discovery disputes as set forth in this order. (Signed by Magistrate Judge Lisa Margaret Smith on 7/31/2019) (rj)
|
|
Filing 41
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Lisa Margaret Smith. (Signed by Judge Vincent L. Briccetti on 7/31/2019) (mml)
|
| NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Lisa M. Smith. Please note that this is a reassignment of the designation only. (bcu) |
|
Filing 40
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial, pursuant to 28 U.S.C. 636(c). This case is not to be tried to a jury. The parties have conferred and their present best estimate of the length of the trial is one day. Non-expert depositions shall be completed by 11/26/2019. Motions due by 8/28/2019. All Fact Discovery due by 11/26/2019. All Expert Discovery due by 1/10/2020. All Discovery due by 1/29/2020. Case Management Conference set for 1/31/2020 at 09:30 AM before Judge Vincent L. Briccetti. (Signed by Judge Vincent L. Briccetti on 7/29/2019) (kv)
|
| Minute Entry for proceedings held before Judge Vincent L. Briccetti: Initial Pretrial Conference held on 7/29/2019. Case management plan signed. Next conf 1-31-20 at 9:30 a.m. (dh) |
|
Filing 39
ORDER denying #38 Letter Motion to Expedite: Plaintiff counsel's request to reset the conference to 7/15/2019 is DENIED. Plaintiff's counsel may appear by telephone for the 7/29/2019 conference by calling Chambers at 914-390-4166. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (del)
|
| Filing 38 CONSENT LETTER MOTION to Expedite the Date for the Initial Conference addressed to Judge Vincent L. Briccetti from Brad C. Westlye dated June 25, 2019. Document filed by Penn-America Insurance Company.(Westlye, Brad) |
| Filing 37 NOTICE OF INITIAL CONFERENCE: THIS MATTER HAS BEEN SCHEDULED FOR AN INITIAL CASE MANAGEMENT AND SCHEDULING CONFERENCE, pursuant to Fed. R. Civ. P. 16, on 7/29/2019 at 10:00a.m., at the United States Courthouse, 300 Quarropas Street, Courtroom 620, White Plains, NY 10601. Initial Conference set for 7/29/2019 at 10:00 AM in Courtroom 620, 300 Quarropas Street, White Plains, NY 10601 before Judge Vincent L. Briccetti. (mml) |
| Filing 36 ANSWER to #22 Amended Complaint,,. Document filed by Elizabeth V. Mejia, Elizabeth V. Mejia.(Zwal, Michael) |
| Filing 35 ANSWER to #22 Amended Complaint,,. Document filed by O'Neill Group-Dutton, LLC, Onekey, LLC.(Fitzpatrick, Kevin) |
|
Filing 34
STIPULATION AND ORDER EXTENDING TIME TO RESPOND TO DEFENDANT'S AMENDED COMPLAINT FOR DECLARATORY JUDGMENT: IT IS HEREBY STIPULATED AND AGREED by and between the undersigned attorneys for Plaintiff, PENN-AMERICA INSURANCE COMPANY, and the attorneys for Defendant, ELIZABETH V. MEJIA as Administrator of the Estate of MAXIMILIANO SABAN, and ELIZABETH V. MEJIA, Individually, that the time within which the said Defendant may file an Answer to Defendant's Amended Complaint for Declaratory Judgment is hereby extended up to and including June 24, 2019. No provision of this Stipulation and Order shall be construed as a waiver of, and Defendant expressly reserves any and all defenses, although Defendant will not contest personal jurisdiction or service of process. Elizabeth V. Mejia answer due 6/24/2019; Elizabeth V. Mejia answer due 6/24/2019. (Signed by Judge Vincent L. Briccetti on 5/22/2019) (mml)
|
| Filing 33 PROPOSED STIPULATION AND ORDER. Document filed by Elizabeth V. Mejia, Elizabeth V. Mejia. (Zwal, Michael) |
| Filing 32 NOTICE OF APPEARANCE by Michael Charles Zwal on behalf of Elizabeth V. Mejia, Elizabeth V. Mejia. (Zwal, Michael) |
| Filing 31 SUMMONS RETURNED EXECUTED Summons and Amended Complaint,, served. Elizabeth V. Mejia served on 5/2/2019, answer due 5/23/2019. Service was accepted by Elizabeth V. Mejia, Individually. Document filed by Penn-America Insurance Company. (Westlye, Brad) |
| Filing 30 SUMMONS RETURNED EXECUTED Summons and Amended Complaint,, served. Elizabeth V. Mejia served on 5/2/2019, answer due 5/23/2019. Service was accepted by Elizabeth V. Mejia, Administrator of the Estate of Maximiliano Saban. Document filed by Penn-America Insurance Company. (Westlye, Brad) |
| Filing 29 SUMMONS RETURNED EXECUTED Summons and Amended Complaint,, served. Onekey, LLC served on 4/29/2019, answer due 6/12/2019. Service was accepted by Diane Mulligan, Esq., Assistant General Counsel. Document filed by Penn-America Insurance Company. (Westlye, Brad) |
| Filing 28 SUMMONS RETURNED EXECUTED Summons and Amended Complaint,, served. O'Neill Group-Dutton, LLC served on 4/29/2019, answer due 6/12/2019. Service was accepted by Diane Mulligan, Esq., Assistant General Counsel. Document filed by Penn-America Insurance Company. (Westlye, Brad) |
| Filing 27 SUMMONS RETURNED EXECUTED Summons and Amended Complaint,, served. New Generations Masonry LLC served on 5/9/2019, answer due 5/30/2019. Service was accepted by Amy Lesch, Agent of the Secretary of State for the State of New Yok. Document filed by Penn-America Insurance Company. (Westlye, Brad) |
| Filing 26 SUMMONS RETURNED EXECUTED Summons and Amended Complaint,, served. MG Commercial Concrete LLC served on 5/2/2019, answer due 5/23/2019. Service was accepted by Guido Gonzalez. Document filed by Penn-America Insurance Company. (Westlye, Brad) |
| Filing 25 NOTICE OF APPEARANCE by Kevin Thomas Fitzpatrick on behalf of O'Neill Group-Dutton, LLC, Onekey, LLC. (Fitzpatrick, Kevin) |
|
Filing 24
MEMO ENDORSEMENT: on re: #23 Letter filed by Onekey, LLC, O'Neill Group-Dutton, LLC. ENDORSEMENT: Defendants O'Neill Group--Dutton, LLC and Onekey, LLC's time to answer, move, or otherwise respond to the amended complaint is extended to 6/12/2019. By 5/23/2019, Mr. Fitzpatrick shall file a notice of appearance. In the future, counsel shall (i) seek extensions of time before the deadline expires, and (ii) file such requests by letter-motion, as required by Paragraph 1.B of Judge Briccetti's Individual Practices. Plaintiff's counsel shall promptly serve a copy of this Order on Mr. Fitzpatrick. SO ORDERED., O'Neill Group-Dutton, LLC answer due 6/12/2019; Onekey, LLC answer due 6/12/2019. (Signed by Judge Vincent L. Briccetti on 5/16/2019) (ama)
|
| Filing 23 LETTER addressed to Judge Vincent L. Briccetti from Kevin T. Fitzpatrick dated May 15, 2019 re: Requesting enlargement of 30 days. Document filed by O'Neill Group-Dutton, LLC, Onekey, LLC.(Fitzpatrick, Kevin) |
| Filing 22 AMENDED COMPLAINT amending #18 Complaint, against MG Commercial Concrete LLC, Elizabeth V. Mejia, Elizabeth V. Mejia, New Generations Masonry LLC, O'Neill Group-Dutton, LLC, Onekey, LLC.Document filed by Penn-America Insurance Company. Related document: #18 Complaint,. (Attachments: #1 Exhibit A Subcontract, #2 Exhibit B Mejia Amended Complaint, #3 Exhibit C O'Neill and Onekey Third-Party Complaint, #4 Exhibit D Penn-America Policy Issued to MG Commercial Concrete LLC, #5 Exhibit E Penn-America Policy Issued to New Generations Masonry LLC)(Westlye, Brad) |
|
Filing 21
MEMO ENDORSEMENT on re: #20 Letter filed by Penn-America Insurance Company. ENDORSEMENT: Plaintiff may file an amended complaint incorporating the below citizenship information by 4/26/2019. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 4/19/2019) (mml)
|
| Filing 20 LETTER addressed to Judge Vincent L. Briccetti from Brad C. Westlye dated April 19, 2019 re: The Court's April 12, 2019 Order Doc. 19. Document filed by Penn-America Insurance Company. (Attachments: #1 Exhibit A MG Commercial Concrete LLC Connecticut Secretary of State Record, #2 Exhibit B New Generations Masonry LLC Connecticut Secretary of State Record, #3 Exhibit C New Generations Masonry LLC Website Excerpt, #4 Exhibit D Onekey, LLC New York Department of State Record, #5 Exhibit E Onekey, LLC New Jersey Department of the Treasury Record, #6 Exhibit F O'Neill Residence Address Information, #7 Exhibit G O'Neill Group-Dutton, LLC New York Department of State Record, #8 Exhibit H O'Neill Group, LLC New Jersey Department of the Treasury Records, #9 Exhibit I O'Neill Group-Dutton, LLC - AC Dutton Lumber Corp. Dutchess County Record, #10 Exhibit J O'Neill Group-Dutton, LLC Managing Member Paula O'Neill Dutchess County Record, #11 Exhibit K Dutton Construction Project Article stating Finbar O'Neill is the Developer)(Westlye, Brad) |
| Set/Reset Deadlines: Amended Pleadings due by 4/26/2019. (mml) |
|
Filing 19
ORDER: Accordingly, the complaint's allegations are insufficient to establish the citizenship of all the parties in this case. By April 19, 2019, plaintiff's counsel shall submit a letter properly alleging the citizenship of all parties, or explaining why this case should not be dismissed for lack of subject matter jurisdiction. (Signed by Judge Vincent L. Briccetti on 4/12/2019) (jwh)
|
| CASE DECLINED AS NOT RELATED. Case referred as related to 7:18-cv-06483 and declined by Judge Kenneth M. Karas and returned to wheel for assignment. (bcu) |
| NOTICE OF CASE REASSIGNMENT to Judge Vincent L. Briccetti. Judge Unassigned is no longer assigned to the case. (bcu) |
| Magistrate Judge Judith C. McCarthy 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. (bcu) |
| Filing 18 COMPLAINT against MG Commercial Concrete LLC, Elizabeth V. Mejia, Elizabeth V. Mejia, New Generations Masonry LLC, O'Neill Group-Dutton, LLC, Onekey, LLC. Document filed by Penn-America Insurance Company. (Attachments: #1 Exhibit A Subcontract, #2 Exhibit B Tort Action Amended Complaint, #3 Exhibit C Tort Action Third-Party Complaint, #4 Exhibit D Penn-America Policy)(Westlye, Brad) |
| Filing 17 RELATED CASE AFFIRMATION of Addendum to Brad C. Westlye's re: that this action be filed as related to 7:18-cv-06483. Document filed by Penn-America Insurance Company.(Westlye, Brad) |
| Filing 16 ELECTRONIC SUMMONS ISSUED as to MG Commercial Concrete LLC. (sj) |
| Filing 15 ELECTRONIC SUMMONS ISSUED as to New Generations Masonry LLC. (sj) |
| Filing 14 ELECTRONIC SUMMONS ISSUED as to O'Neill Group-Dutton, LLC. (sj) |
| Filing 13 ELECTRONIC SUMMONS ISSUED as to Onekey, LLC. (sj) |
| Filing 12 ELECTRONIC SUMMONS ISSUED as to Elizabeth V. Mejia. (sj) |
| Filing 11 ELECTRONIC SUMMONS ISSUED as to Elizabeth V. Mejia. (sj) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Brad Curtis Westlye. The following case opening statistical information was erroneously selected/entered: Cause of Action code 05:8705; Citizenship Plaintiff code 2 (Citizen of Another State); County code Westchester; Fee Status code due (due). The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 28:2201; the Citizenship Plaintiff code has been modified to 5 (Incorporated/Principal Place of Business-Other State); the County code has been modified to XX Out of State; the Fee Status code has been modified to pd (paid). (sj) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Brad Curtis Westlye to RE-FILE Document No. #1 Complaint. The filing is deficient for the following reason(s): the wrong party/parties whom the pleading is against were selected due to modification of party to correspond with pleading. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (sj) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (sj) |
| Case Designated ECF. (sj) |
| CASE REFERRED TO Judge Kenneth M. Karas as possibly related to 7:18cv6483. (sj) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Brad Curtis Westlye. The party information for the following party/parties has been modified: MG Commercial Concrete LLC; New Generations Masonry LLC; Elizabeth V. Mejia. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party role was entered incorrectly; party text was omitted. (sj) |
| Filing 10 RELATED CASE AFFIRMATION of Brad C. Westlye re: that this action be filed as related to 7:18-cv-06483. Document filed by Penn-America Insurance Company.(Westlye, Brad) |
| Filing 9 CIVIL COVER SHEET filed. (Westlye, Brad) |
| Filing 8 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Penn-Star Insurance Company, Corporate Parent Penn-America Group, Inc., Corporate Parent Global Indemnity Limited for Penn-America Insurance Company. Document filed by Penn-America Insurance Company.(Westlye, Brad) |
| Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to Elizabeth V. Mejia Individually, re: #1 Complaint,. Document filed by Penn-America Insurance Company. (Westlye, Brad) |
| Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to Elizabeth V. Mejia as Administrator of the Estate of Maximiliano Saban, re: #1 Complaint,. Document filed by Penn-America Insurance Company. (Westlye, Brad) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Onekey, LLC, re: #1 Complaint,. Document filed by Penn-America Insurance Company. (Westlye, Brad) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to O'Neill Group-Dutton, LLC, re: #1 Complaint,. Document filed by Penn-America Insurance Company. (Westlye, Brad) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to New Generations Masonry LLC, re: #1 Complaint,. Document filed by Penn-America Insurance Company. (Westlye, Brad) |
| Filing 2 REQUEST FOR ISSUANCE OF SUMMONS as to MG Commercial Concrete LLC, re: #1 Complaint,. Document filed by Penn-America Insurance Company. (Westlye, Brad) |
| Filing 1 FILING ERROR - DEFICIENT DOCKET ENTRY - FILED AGAINST PARTY ERROR - COMPLAINT against MG Commercial Concrete, Elizabeth V. Mejia, Elizabeth V. Mejia, New Generations Masonry, O'Neill Group-Dutton, LLC, Onekey, LLC. (Filing Fee $ 400.00, Receipt Number ANYSDC-16497076)Document filed by Penn-America Insurance Company. (Attachments: #1 Exhibit A Subcontract, #2 Exhibit B Tort Action Amended Complaint, #3 Exhibit C Tort Action Third-Party Complaint, #4 Exhibit D Penn-America Policy)(Westlye, Brad) Modified on 3/15/2019 (sj). |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
