Paul J. Scariano, Inc. v. International Fidelity Insurance Company
| Paul J. Sacriano, Inc. and Paul J. Scariano, Inc. |
| International Fidelity Insurance Company |
| Manhattan Surveying & Engineering, P.C., Manhattan High-Rise Land Surveying & Engineering, P.C., Erection & Welding Contractors, LLC, Dominic Parisi, "John Doe" Numbers One Through Ten, Fidelity and Deposit Company of Maryland and Paul Scariano |
| Lane-Valente Industries, Inc. |
| 7:2020cv01144 |
| February 10, 2020 |
| US District Court for the Southern District of New York |
| Nelson Stephen Roman |
| Lisa Margaret Smith |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 7, 2020. A more recent docket listing may be available from PACER.
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| Filing 40 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, against the defendant(s) "John Doe" Numbers One Through Ten, Erection & Welding Contractors, LLC, Fidelity and Deposit Company of Maryland, International Fidelity Insurance Company, Lane-Valente Industries, Inc., Manhattan Surveying & Engineering, P.C., Dominic Parisi, Paul Scariano pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Paul J. Scariano, Inc.. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Pergament, Benjamin) |
Filing 39
ORDER granting #38 Letter Motion for Extension of Time. The parties are granted an extension of time until Oct 16, 2020 to submit their Settlement Agreement. Clerk of the Court requested to terminate the motion ( doc. 38). SO ORDERED. (Signed by Judge Nelson Stephen Roman on 9/15/2020) (rj) Modified on 9/16/2020 (rj).
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| Filing 38 LETTER MOTION for Extension of Time to Reopen Action or Submit Settlement Agreement addressed to Judge Nelson Stephen Roman from Benjamin D. Pergament dated September 14, 2020. Document filed by Paul J. Scariano, Inc...(Pergament, Benjamin) |
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Filing 37
ORDER granting #36 Letter Motion for Extension of Time. Application Granted. The date for the parties to submit their settlement agreement is extended until September 16, 2020. The Clerk of Court is directed to terminate the motion at ECF No. 36. (Signed by Judge Nelson Stephen Roman on 8/14/2020) (rj)
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| Filing 36 LETTER MOTION for Extension of Time to Reopen Action or Submit Settlement Agreement addressed to Judge Nelson Stephen Roman from Benjamin D. Pergament dated August 12, 2020. Document filed by Paul J. Scariano, Inc...(Pergament, Benjamin) |
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Filing 35
ORDER: The Court having been advised that all claims asserted herein have been settled, it IS ORDERED, that the above-entitled action be and hereby is discontinued, without costs to either party, subject to reopening should the settlement not be consummated within thirty (30) days of the date hereof. The parties are advised that if they wish the Court to retain jurisdiction in this matter for purposes of enforcing any settlement agreement, they must submit the settlement agreement to the Court within the next 30 days with a request that the agreement be "so ordered" by the Court. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 7/17/2020) (ks)
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Filing 34
ORDER granting #33 Letter Motion to Adjourn Conference (HEREBY ORDERED by Magistrate Judge Lisa Margaret Smith)(Text Only Order) (Smith, Lisa)
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| Filing 33 CONSENT LETTER MOTION to Adjourn Conference (Status Conference) addressed to Magistrate Judge Lisa M. Smith from Benjamin D. Pergament dated July 16, 2020. Document filed by Paul J. Scariano, Inc...(Pergament, Benjamin) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Pia Elena Riverso. The party information for the following party/parties has been modified: Scariano Paul, "John Doe" Numbers One Through Ten. 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;. (pc) |
| Filing 32 REQUEST FOR ISSUANCE OF SUMMONS as to Dominic Parisi; Paul Scariano; Fidelity and Deposit Company of Maryland; Erection & Welding Contractors, LLC; Manhattan Surveying & Engineering, P.C. a/k/a Manhattan High-Rise Land Surveying & Engineering, P.C, re: #31 Fourth Party Complaint,. Document filed by Lane-Valente Industries, Inc...(Riverso, Pia) |
| Filing 31 FOURTH PARTY COMPLAINT against "John Doe" Numbers One Through Ten, Erection & Welding Contractors, LLC, Fidelity and Deposit Company of Maryland, Manhattan Surveying & Engineering, P.C., Dominic Parisi, Scariano Paul.Document filed by Lane-Valente Industries, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C).(Riverso, Pia) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Pia Elena Riverso to RE-FILE Document No. #29 Request for Issuance of Summons,. The filing is deficient for the following reason(s): The summons requested was not processed due to the deficient pleading. Please file your request for summons when you correct and refile your pleading.;. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pc) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Pia Elena Riverso to RE-FILE re: Document No. #28 Fourth Party Complaint,,. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; the wrong party/parties whom the pleading is against were selected; Add Paul Scariano to CM ECF as a Forth Party Defendant. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents.. Re-file the pleading using the event type Fourth Party 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. (pc) |
| Filing 30 ANSWER to #14 Third Party Complaint. Document filed by Lane-Valente Industries, Inc.. (Attachments: #1 Exhibit A - Subcontract, #2 Exhibit B - Notice of Mechanic's Lien, #3 Exhibit C - Bond, #4 Exhibit D - Lien Extension).(Riverso, Pia) |
| Filing 29 REQUEST FOR ISSUANCE OF SUMMONS as to Dominic Parisi; Paul Scariano; Fidelity and Deposit Company of Maryland; Erection & Welding Contractors, LLC; Manhattan Surveying & Engineering, P.C. a/k/a Manhattan High-Rise Land Surveying & Engineering, P.C., re: #28 Fourth Party Complaint,. Document filed by Lane-Valente Industries, Inc...(Riverso, Pia) |
| Filing 28 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR -FOURTH PARTY COMPLAINT against Paul J. Scariano, Inc., Dominic Parisi, Fidelity and Deposit Company of Maryland, Erection & Welding Contractors, LLC, Manhattan Surveying & Engineering, P.C., "John Doe" Numbers One Through Ten.Document filed by Lane-Valente Industries, Inc.. (Attachments: #1 Exhibit A - Notice of Mechanic's Lien, #2 Exhibit B - Bond, #3 Exhibit C - Lien Extension).(Riverso, Pia) Modified on 7/15/2020 (pc). |
| Filing 27 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Lane-Valente Industries, Inc...(Riverso, Pia) |
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Filing 26
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 to be tried to a jury. Non-expert depositions shall be completed by April 5, 2021. Joinder of Parties due by 8/3/2020. Deposition due by 9/19/2021. Discovery due by 7/20/2021. Case Management Conference set for 7/30/2021 at 10:00 AM before Judge Nelson Stephen Roman. (Signed by Judge Nelson Stephen Roman on 6/30/2020) (kv)
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Filing 25
ORDER OF REFERENCE TO A 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 Nelson Stephen Roman on 6/30/2020) (kv)
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Filing 24
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 further set forth herein). SO ORDERED. (Signed by Magistrate Judge Lisa Margaret Smith on 6/30/2020) (kv)
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Filing 23
SCHEDULING NOTICE: The matter of Paul J. Scariano, Inc. v. International Fidelity Insurance Company, 20-cv- 1144 (NSR) (LMS) has been scheduled for a telephonic status conference before the Hon. Lisa Margaret Smith, United States Magistrate Judge, on Tuesday, July 21, 2020, at 10:45 AM. To access the teleconference, please follow these directions: (1) Dial the Meeting Number: (877) 336-1831; (2) Enter the Access Code: 2751700#; (3) Press pound (#) to enter the teleconference as a guest; (4) Enter the Security Code: 1144#. (as further set forth herein). SO ORDERED. Telephone Conference set for 7/21/2020 at 10:45 AM before Magistrate Judge Lisa Margaret Smith. (Signed by Magistrate Judge Lisa Margaret Smith on 6/30/2020) (kv)
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| Filing 22 PROPOSED CASE MANAGEMENT PLAN. Document filed by Paul J. Scariano, Inc...(Pergament, Benjamin) |
| Filing 21 PROPOSED CASE MANAGEMENT PLAN. Document filed by Paul J. Scariano, Inc...(Pergament, Benjamin) |
| Filing 20 ENDORSED LETTER addressed to Judge Nelson Stephen Roman from David Gise dated 6/26/2020 re: Request that the time to answer, move or otherwise respond to third party complaint be extended through and including July 14, 2020. ENDORSEMENT: The application is granted., Lane-Valente Industries, Inc. answer due 7/14/2020. (Signed by Judge Nelson Stephen Roman on 6/29/2020) (rj) |
| Filing 19 NOTICE OF APPEARANCE by David Ian Gise on behalf of Lane-Valente Industries, Inc...(Gise, David) |
| Filing 18 NOTICE OF APPEARANCE by Pia Elena Riverso on behalf of Lane-Valente Industries, Inc...(Riverso, Pia) |
| Filing 17 WAIVER OF SERVICE RETURNED EXECUTED. Lane-Valente Industries, Inc. waiver sent on 4/30/2020, answer due 6/29/2020. Document filed by International Fidelity Insurance Company..(Friedman, Adam) |
| Filing 16 ELECTRONIC SUMMONS ISSUED as to Lane-Valente Industries, Inc...(pc) |
| Filing 15 REQUEST FOR ISSUANCE OF SUMMONS as to Lane-Valente Industries, Inc., re: #14 Third Party Complaint. Document filed by International Fidelity Insurance Company..(Friedman, Adam) |
| Filing 14 THIRD PARTY COMPLAINT against Lane-Valente Industries, Inc..Document filed by International Fidelity Insurance Company..(Friedman, Adam) |
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Filing 13
ORDER granting #12 Letter Motion for Extension of Time to File. The parties are granted an extension of time to submit their Case Discovery Plan until July 1, 2020. Clerk of the Court requested to terminate the motion (doc. 12). (Signed by Judge Nelson Stephen Roman on 4/28/2020) (rj)
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| Filing 12 CONSENT LETTER MOTION for Extension of Time to File Proposed Discovery Plan addressed to Judge Nelson Stephen Roman from Adam P. Friedman dated 4/27/2020. Document filed by International Fidelity Insurance Company..(Friedman, Adam) |
| Filing 11 ANSWER to #1 Complaint,. Document filed by International Fidelity Insurance Company..(Friedman, Adam) |
| Filing 10 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Harco National Insurance Company, Corporate Parent Transguard Insurance Company of America, Inc., Corporate Parent IFIC Surety Group, Corporate Parent IAT Insurance Group, Inc. for International Fidelity Insurance Company. Document filed by International Fidelity Insurance Company..(Friedman, Adam) |
| Filing 9 ENDORSED LETTER addressed to Judge Nelson Stephen Roman from Adam P. Friedman dated 3/4/2020 re: Request that International's time to answer, move, or otherwise respond to the Complaint be extended to and including March 19, 2020. ENDORSEMENT: The application is granted., International Fidelity Insurance Company answer due 3/19/2020. (Signed by Judge Nelson Stephen Roman on 3/4/2020) (rj) |
| Filing 8 NOTICE OF APPEARANCE by Adam P Friedman on behalf of International Fidelity Insurance Company..(Friedman, Adam) |
| Filing 7 SUMMONS RETURNED EXECUTED. International Fidelity Insurance Company served on 2/12/2020, answer due 3/4/2020. Service was accepted by Marisol Salazar, Administrator. Document filed by Paul J. Scariano, Inc...(Pergament, Benjamin) |
| Filing 6 NOTICE OF APPEARANCE by Lauren Rebecca Weinberg on behalf of Paul J. Scariano, Inc...(Weinberg, Lauren) |
| Filing 5 ELECTRONIC SUMMONS ISSUED as to International Fidelity Insurance Company..(jgo) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Benjamin David Pergament. The party information for the following party/parties has been modified: Paul J. Scariano, Inc.. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error;. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Benjamin David Pergament. The following case opening statistical information was erroneously selected/entered: Office code Foley Square; Jury Demand code n (None);. The following correction(s) have been made to your case entry: the Office code has been modified to White Plains; the Jury Demand code has been modified to p (Plaintiff);. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Nelson Stephen Roman. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. 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 #https://nysd.uscourts.gov/rules/ecf-related-instructions..(jgo) |
| Magistrate Judge Lisa M. Smith 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (jgo) |
| Case Designated ECF. (jgo) |
| Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Paul J. Sacriano, Inc...(Pergament, Benjamin) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to International Fidelity Insurance Company, re: #1 Complaint,. Document filed by Paul J. Sacriano, Inc...(Pergament, Benjamin) |
| Filing 2 CIVIL COVER SHEET filed..(Pergament, Benjamin) |
| Filing 1 COMPLAINT against International Fidelity Insurance Company. (Filing Fee $ 400.00, Receipt Number ANYSDC-18747619)Document filed by Paul J. Sacriano, Inc.. (Attachments: #1 Exhibit A- Subcontract, #2 Exhibit B- Performance Bond).(Pergament, Benjamin) |
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