Bethel Self Storage LLC v. Lexington Insurance Company et al
| Bethel Self Storage LLC d/b/a Bethel Self Storage Park and Bethel Self Storage LLC |
| AIG Claims, Inc. and Lexington Insurance Company |
| 7:2019cv07870 |
| August 22, 2019 |
| US District Court for the Southern District of New York |
| Vincent L Briccetti |
| Insurance |
| 28 U.S.C. § 1332 ds |
| None |
Docket Report
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This docket was last retrieved on December 16, 2019. A more recent docket listing may be available from PACER.
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Filing 25
MEMO ENDORSEMENT on re: #24 Letter filed by Bethel Self Storage LLC. MEMORANDUM ENDORSEMENT: The Court appreciates counsel's efforts to settle this case without further litigation, but declines to refer the matter for a settlement conference without both parties' consent to same. By January 10, 2020, the parties shall submit a joint letter regarding the status of settlement discussions. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 12/16/2019) (mml)
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| Filing 24 FIRST LETTER addressed to Judge Vincent L. Briccetti from Joseph Miller dated December 13, 2019 re: Status of Settlement Discussion. Document filed by Bethel Self Storage LLC.(Miller, Joseph) |
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Filing 23
CIVIL CASE DISCOVERY 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. Motions due by 12/4/2019. Non-expert depositions shall be completed by 3/3/2020. Expert Deposition due by 4/17/2020. Fact Discovery due by 3/30/2020. Expert Discovery due by 4/17/2020. Discovery due by 5/4/2020. Case Management Conference set for 5/7/2020 at 10:00 AM before Judge Vincent L. Briccetti. The parties have conferred and their present best estimate of the length of the trial is 5 days. 16. By 12/13/19, counsel shall submit joint letter regarding settlement. (Signed by Judge Vincent L. Briccetti on 11/4/2019) (mml) Modified on 11/5/2019 (mml).
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| Minute Entry for proceedings held before Judge Vincent L. Briccetti: Initial Pretrial Conference held on 11/4/2019. Case management plan signed. Joint letter regarding settlement is due on or before 12-13-19. Next conference is scheduled for 5-7-20 at 10:00 a.m. (dh) |
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Filing 22
ORDER terminating #6 Motion to Dismiss: The motion is terminated as moot. (See Doc. #21). (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (jal)
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Filing 21
STIPULATION AND ORDER OF VOLUNTARY DISMISSAL PURSUANT TO F.R.C.P. 41(A)1(a)(ii) AGAINST DEFENDANT AIG CLAIMS, INC. ONLY: IT IS HEREBY STIPULATED AND AGREED by and between the parties and/or their respective counsel that the above-captioned action is voluntarily dismissed without prejudice against defendant AIG Claims, Inc., pursuant to the Federal Rules of Civil Procedure 41(a)(1)(A)(ii). The action shall continue and proceed against defendant Lexington Insurance Company. Clerk shall terminate defendant AIG Claims, Inc. SO ORDERED. AIG Claims, Inc. terminated. (Signed by Judge Vincent L. Briccetti on 10/10/2019) (mml)
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| Filing 20 DECLARATION of Joseph Miller in Opposition re: #6 MOTION to Dismiss Plaintiff's Verified Complaint against AIG Claims, Inc., only, with prejudice, for failure to state a claim upon which relief can be granted.. Document filed by Bethel Self Storage LLC. (Miller, Joseph) |
| Filing 19 STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) AIG Claims, Inc. pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Bethel Self Storage LLC. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)..(Miller, Joseph) |
| ***NOTICE TO COURT REGARDING STIPULATION OF VOLUNTARY DISMISSAL Document No. #19 Stipulation of Voluntary Dismissal was reviewed and referred to Judge Vincent L. Briccetti for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety. (km) |
| Filing 18 FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Bethel Self Storage LLC.(Miller, Joseph) |
| Filing 17 NOTICE OF APPEARANCE by Joseph Miller on behalf of Bethel Self Storage LLC. (Miller, Joseph) |
| Filing 16 AFFIDAVIT OF SERVICE of Hon. Vincent L. Briccetti's 9/19/19 Order and Notice of Initial Conference served on Joseph Miller, Esquire on September 20,2019. Service was made by Mail. Document filed by AIG Claims, Inc., Lexington Insurance Company. (Leibowitz, Eric) |
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Filing 15
ORDER: Accordingly, it is hereby ORDERED: 1. By September 23, 2019, defense counsel shall serve a copy of this Order on plaintiff's counsel, and file proof of service on the docket. 2. By September 26, 2019, plaintiff's counsel shall file a notice of appearance on the docket. 3. By October 10, 2019, plaintiff shall file its opposition to defendants' partial motion, pursuant to Fed. R. Civ. P. 12(b)(6), to dismiss for failure to state a claim against AIG Claims, Inc. By October 24, 2019, defendants shall file their reply. By separate order, the Court will schedule an initial conference in this matter. (Responses due by 10/10/2019, Replies due by 10/24/2019.) (Signed by Judge Vincent L. Briccetti on 9/19/2019) (mml)
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| Filing 14 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 11/4/2019 at 10:15 a.m., at the United States Courthouse, 300 Quarropas Street, Courtroom 620, White Plains, NY 10601. Initial Conference set for 11/4/2019 at 10:15 AM in Courtroom 620, 300 Quarropas Street, White Plains, NY 10601 before Judge Vincent L. Briccetti. (mml) |
| Filing 13 FIRST LETTER addressed to Judge Vincent L. Briccetti from Joseph Miller dated September 19, 2019 re: Subject Matter Jurisdiction. Document filed by Bethel Self Storage LLC.(Miller, Joseph) |
| Filing 12 AFFIDAVIT OF SERVICE of 9/5/19 Order of the Hon. Vincent L. Briccetti, USDJ served on Joseph Miller, Esquire on 9/5/19. Service was made by Mail. Document filed by AIG Claims, Inc., Lexington Insurance Company. (Leibowitz, Eric) |
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Filing 11
ORDER: Accordingly, by September 19, 2019, plaintiff shall file a letter asserting its position as to whether the Court has subject matter jurisdiction. Plaintiff's time to respond to the pending motion to dismiss is hereby STAYED pending further Order. By September 9, 2019, defendants shall serve a copy of this Order on plaintiffs counsel and file proof of service on the docket. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 9/5/2019) (mml)
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| Filing 10 AFFIDAVIT OF SERVICE of Notice of Motion to Dismiss Plaintiff's Verfied Complaint against AIG Claims Inc, only, with prejudice, for failure to state a claim upon which relief can be granted served on Joseph Miller, Esquire on 8/29/19. Service was made by Mail. Document filed by AIG Claims, Inc.. (Leibowitz, Eric) |
| Filing 9 MEMORANDUM OF LAW in Support re: #6 MOTION to Dismiss Plaintiff's Verified Complaint against AIG Claims, Inc., only, with prejudice, for failure to state a claim upon which relief can be granted. . Document filed by AIG Claims, Inc.. (Leibowitz, Eric) |
| Filing 8 DECLARATION of Lalita Sukhram in Support re: #6 MOTION to Dismiss Plaintiff's Verified Complaint against AIG Claims, Inc., only, with prejudice, for failure to state a claim upon which relief can be granted.. Document filed by AIG Claims, Inc.. (Attachments: #1 Exhibit A - Policy Declaration Pages, #2 Exhibit B - May 29, 2018 Letter, #3 Exhibit C - September 14, 2018 Letter)(Leibowitz, Eric) |
| Filing 7 DECLARATION of Eric Leibowitz in Support re: #6 MOTION to Dismiss Plaintiff's Verified Complaint against AIG Claims, Inc., only, with prejudice, for failure to state a claim upon which relief can be granted.. Document filed by AIG Claims, Inc.. (Attachments: #1 Exhibit A - Summons and Verified Complaint, #2 Exhibit B - Affidavit of Service on Lexington, #3 Exhibit C - Affidavit of Service on AIG Claims, #4 Exhibit D - Notice of Removal and Exhibits)(Leibowitz, Eric) |
| Filing 6 MOTION to Dismiss Plaintiff's Verified Complaint against AIG Claims, Inc., only, with prejudice, for failure to state a claim upon which relief can be granted. Document filed by AIG Claims, Inc..(Leibowitz, Eric) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Eric Ronald Leibowitz to RE-FILE Document #5 MOTION to Dismiss Plaintiff's Verified Complaint against AIG Claims, Inc., only, with prejudice, for failure to state a claim upon which relief can be granted. ERROR(S): Supporting Documents are filed separately, each receiving their own document #'s. (db) |
| Filing 5 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Dismiss Plaintiff's Verified Complaint against AIG Claims, Inc., only, with prejudice, for failure to state a claim upon which relief can be granted. Document filed by AIG Claims, Inc.. (Attachments: #1 Declaration of Eric Leibowitz in Support of Motion to Dismiss, #2 Exhibit A - Summons and Verified Complaint, #3 Exhibit B - Affidavit of Service on Lexington, #4 Exhibit C - Affidavit of Service on AIG, #5 Exhibit D - Notice of Removal and Exhibits, #6 Declaration of Lalita Sukhram, #7 Exhibit A - Policy Declaration Pages, #8 Exhibit B - May 29, 2018 Letter, #9 Exhibit C - September 14, 2018 Letter, #10 Memorandum in Support of Motion to Dismiss - AIG, #11 Affidavit of Service of Motion to Dismiss - AIG)(Leibowitz, Eric) Modified on 9/4/2019 (db). |
| Filing 4 ANSWER to Complaint. Document filed by Lexington Insurance Company. (Attachments: #1 Affidavit of Service of Verified Answer to Verified Complaint)(Leibowitz, Eric) |
| 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. (pne) |
| 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. (pne) |
| Case Designated ECF. (pne) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Eric Ronald Leibowitz. The following case opening statistical information was erroneously selected/entered: Dollar Demand $100,000,000; County code Albany. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to $100,000; the County code has been modified to XX Out of State. (pne) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Eric Ronald Leibowitz. The party information for the following party/parties has been modified: Bethel Self Storage LLC. The information for the party/parties has been modified for the following reason/reasons: alias party information was entered incorrectly. (pne) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent American International Group, Inc., Corporate Parent AIG Property Casualty Inc. for AIG Claims, Inc., Lexington Insurance Company. Document filed by AIG Claims, Inc., Lexington Insurance Company.(Leibowitz, Eric) |
| Filing 2 CIVIL COVER SHEET filed. (Leibowitz, Eric) |
| Filing 1 NOTICE OF REMOVAL from Supreme Court of the State of New York, County of Sullivan. Case Number: E2019-1385. (Filing Fee $ 400.00, Receipt Number ANYSDC-17474430).Document filed by AIG Claims, Inc., Lexington Insurance Company. (Attachments: #1 Certification of Counsel in support of Notice of Removal, #2 Exhibit A - Summons and Verified Complaint, #3 Exhibit B - Affidavit of Service - Lexington Insurance Company, #4 Exhibit C - Affidavit of Service - AIG Claims, Inc., #5 Exhibit D - U-Haul Press Release, #6 Exhibit E - LexisNexis Search Results for Bradley Setterlund, #7 Exhibit F - LexisNexis Search Results for Ron Avellar, #8 Affidavit Affidavit of Service of Notice of Removal)(Leibowitz, Eric) |
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