Allied World Surplus Lines Insurance Company v. Hoffman International, Inc. et al
Plaintiff: Allied World Surplus Lines Insurance Company
Defendant: Hoffman International, Inc., The Manitowoc Company, Inc. and Grove U.S. LLC
Case Number: 7:2019cv07073
Filed: July 29, 2019
Court: US District Court for the Southern District of New York
Presiding Judge: Kenneth M Karas
Nature of Suit: Contract Product Liability
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Both
Docket Report

This docket was last retrieved on October 30, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 13, 2019 Filing 20 CERTIFICATE OF SERVICE of Declaration of Robert W. Phelan and Memorandum of Law in Further Support of Plaintiff's Motion for Remand served on Michael J. White and Robert J. Walker on 09/13/2019. Document filed by Allied World Surplus Lines Insurance Company. (Phelan, Robert)
September 13, 2019 Filing 19 MEMORANDUM OF LAW in Support re: #11 MOTION to Remand to State Court . . Document filed by Allied World Surplus Lines Insurance Company. (Phelan, Robert)
September 13, 2019 Filing 18 DECLARATION of Robert W. Phelan in Support re: #11 MOTION to Remand to State Court .. Document filed by Allied World Surplus Lines Insurance Company. (Phelan, Robert)
September 6, 2019 Filing 17 DECLARATION of Michael White, Esq. in Opposition re: #11 MOTION to Remand to State Court .. Document filed by Hoffman International, Inc.. (Attachments: #1 Memorandum of Law In Opposition ti Plaintiff's Motion to Remand, #2 Exhibit Exhibit A- Copy of Purchase Order, #3 Exhibit Exhibit B- Deposition of Richard Smith from Tappan Zee Constructors, #4 Exhibit Exhibit C-Deposition of Robert Hammond, #5 Exhibit Exhibit D- Deposition of Michael Anderson, #6 Exhibit Exhibit E-Deposition of Pasquale Tomasetti of Hoffman Equipment, #7 Exhibit Exhibit F- Summons and Complaint, #8 Affidavit Affidavit of Service)(White, Michael)
September 6, 2019 Filing 16 DECLARATION of Brian R. Kenney in Opposition re: #11 MOTION to Remand to State Court .. Document filed by Grove U.S. LLC, The Manitowoc Company, Inc.. (Attachments: #1 Affidavit)(Kenney, Brian)
September 6, 2019 Filing 15 MEMORANDUM OF LAW in Opposition re: #11 MOTION to Remand to State Court . . Document filed by Grove U.S. LLC, The Manitowoc Company, Inc.. (Attachments: #1 Exhibit EBT of Richard Smith, #2 Exhibit EBT of Frank Tomasetti)(Kenney, Brian)
August 26, 2019 Filing 14 NOTICE OF APPEARANCE by Robert Joseph Walker on behalf of Grove U.S. LLC, The Manitowoc Company, Inc.. (Attachments: #1 Affidavit Affidavit of Service)(Walker, Robert)
August 23, 2019 Filing 13 MEMORANDUM OF LAW in Support re: #11 MOTION to Remand to State Court . . Document filed by Allied World Surplus Lines Insurance Company. (Phelan, Robert)
August 23, 2019 Filing 12 DECLARATION of Robert W. Phelan in Support re: #11 MOTION to Remand to State Court .. Document filed by Allied World Surplus Lines Insurance Company. (Attachments: #1 Exhibit Exhibit A- Summons and Complaint, #2 Exhibit Exhibit B- The Manitowac Company, Inc's Notice of Removal, #3 Exhibit Exhibit C- Hoffman International, Inc. d/b/a Hoffman Equipment Company's Notice of Removal, #4 Exhibit Exhibit D- Purchase Order, #5 Exhibit Exhibit E- Purchase Order Terms and Conditions of Purchase, #6 Exhibit Exhibit F- Excerpt of Robert Hammond Deposition, #7 Exhibit Exhibit G- Excerpt of Richard Smith Deposition, #8 Exhibit Exhibit H- Email, #9 Exhibit Exhibit I - Proposed Order)(Phelan, Robert)
August 23, 2019 Filing 11 MOTION to Remand to State Court . Document filed by Allied World Surplus Lines Insurance Company.(Phelan, Robert)
August 9, 2019 Opinion or Order Filing 10 ORDER terminating #9 Motion to Remand to State Court. Plaintiff shall file its motion by 8/23/2019. Defense response due 9/6/2019. Plaintiff reply due 9/13/2019. SO ORDERED. (Signed by Judge Kenneth M. Karas on 8/9/2019) (jca)
August 9, 2019 Set/Reset Deadlines: Motions due by 8/23/2019, Responses due by 9/6/2019, Replies due by 9/13/2019. (jca)
August 8, 2019 Filing 9 MOTION to Remand to State Court . Document filed by Allied World Surplus Lines Insurance Company.(Phelan, Robert)
August 8, 2019 Filing 8 NOTICE OF APPEARANCE by Robert William Phelan on behalf of Allied World Surplus Lines Insurance Company. (Phelan, Robert)
August 1, 2019 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)
August 1, 2019 NOTICE OF CASE REASSIGNMENT to Judge Kenneth M. Karas. Judge Unassigned is no longer assigned to the case. (bcu)
July 30, 2019 Filing 7 CIVIL COVER SHEET filed. (White, Michael)
July 30, 2019 Filing 6 AFFIDAVIT OF SERVICE of Notice of Removal served on Allied World Surplus Lines Insurance Company formerly known as Darwin Select Insurance Company as subrogee of Tappan Zee Constructors, LLC, Manitowoc Company, Inc and Grove U.S. LLC on 07/29/2019. Document filed by Hoffman International, Inc.. (White, Michael)
July 30, 2019 Filing 5 STATEMENT OF RELATEDNESS re: that this action be filed as related to 7:19-cv-07073. Document filed by Hoffman International, Inc..(White, Michael)
July 30, 2019 Filing 4 FILING ERROR - DEFICIENT CIVIL COVER SHEET - SIGNATURE ERROR - CIVIL COVER SHEET filed. (White, Michael) Modified on 7/30/2019 (sj).
July 30, 2019 ***NOTICE TO ATTORNEY REGARDING DEFICIENT RELATED CASE STATEMENT. Notice to attorney Michael John White to RE-FILE Document No. #2 Statement of Relatedness. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the related case statement is not correct. Re-file the document using the event type Statement of Relatedness found under the event list Other Documents - select the correct filer - enter the related case number when prompted - and attach the correct PDF. (sj)
July 30, 2019 ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Michael John White. The party information for the following party/parties has been modified: Allied World Surplus Lines Insurance Company; Hoffman International, Inc.; Grove U.S. LLC. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly; alias party type was entered incorrectly. (sj)
July 30, 2019 ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Michael John White to RE-FILE Document No. #4 Civil Cover Sheet. The filing is deficient for the following reason(s): Civil Cover Sheet was not signed. 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.. (sj)
July 30, 2019 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (sj)
July 30, 2019 CASE REFERRED TO Judge Kenneth M. Karas as possibly related to 7:17cv8874. (sj)
July 30, 2019 ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Michael John White. The following case opening statistical information was erroneously selected/entered: County code Westchester. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State. (sj)
July 30, 2019 Case Designated ECF. (sj)
July 29, 2019 Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Hoffman International, Inc., d/b/a Hoffman Equipment Company. (Attachments: #1 Affidavit Affidavit of Service)(White, Michael)
July 29, 2019 Filing 2 FILING ERROR - WRONG PDF FILE ASSOCIATED WITH DOCKET ENTRY - RELATED CASE AFFIDAVIT of Affidavit of Service re: that this action be filed as related to Notice of Removal. Document filed by Hoffman International, Inc., d/b/a Hoffman Equipment Company.(White, Michael) Modified on 7/30/2019 (sj).
July 29, 2019 Filing 1 NOTICE OF REMOVAL from Supreme Court, County of Westchester. Case Number: 59202/2019..Document filed by Hoffman International, Inc., d/b/a Hoffman Equipment Company. (Attachments: #1 Exhibit A- Summons and Complaint)(White, Michael)

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Defendant: Hoffman International, Inc.
Represented By: Michael John White
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Defendant: The Manitowoc Company, Inc.
Represented By: Robert Joseph Walker
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Defendant: Grove U.S. LLC
Represented By: Robert Joseph Walker
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Plaintiff: Allied World Surplus Lines Insurance Company
Represented By: Robert William Phelan
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