Southwest Marine and General Insurance Company et al v. Main Street America Assurance Company
| Southwest Marine and General Insurance Company and Cum Laude Group, Inc. |
| Main Street America Assuarance Company and Main Street America Assurance Company |
| 1:2021cv02714 |
| March 30, 2021 |
| US District Court for the Southern District of New York |
| J Paul Oetken |
| Insurance |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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This docket was last retrieved on September 28, 2021. A more recent docket listing may be available from PACER.
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Filing 12
RESPONSE in Opposition to Motion re: #11 MOTION to Remand to State Court . . Document filed by Main Street America Assurance Company. (Attachments: #1 Affidavit Brian Brennan, #2 Exhibit A - CSC Notice of Service of Process).(Gerber, Daniel)
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Filing 11
MOTION to Remand to State Court . Document filed by Cum Laude Group, Inc., Southwest Marine and General Insurance Company. Return Date set for 4/29/2021 at 09:30 AM. (Attachments: #1 Affidavit Aff in Support, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Memo of Law).(Ritzert, Gail)
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Filing 10
AFFIDAVIT OF SERVICE of Order (Doc No. 9) served on Southwest Marine and General Insurance Company and Cum Laude Group, Inc. on April 9, 2021. Service was made by Mail. Document filed by Main Street America Assurance Company..(Gerber, Daniel)
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Filing 9
ORDER: This case was removed from New York Supreme Court, Westchester County, on March 30, 2021, and assigned to this Court on April 7, 2021. Counsel for the plaintiff is directed to file an appearance with this Court no later than April 22, 2021. Counsel for the defendant shall serve a copy of this order on counsel for the plaintiff by April 15, 2021. So Ordered. (Signed by Judge J. Paul Oetken on 4/7/2021) (js)
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Filing 8
LETTER addressed to Judge Vincent L. Briccetti from Daniel W. Gerber, Esq. dated April 7, 2021 re: transfer of case to Manhattan. Document filed by Main Street America Assurance Company..(Gerber, Daniel)
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NOTICE OF CASE REASSIGNMENT to Judge J. Paul Oetken. Judge Vincent L. Briccetti is no longer assigned to the case..(wb)
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Magistrate Judge Ona T. Wang is so redesignated. (wb)
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Filing 7
ORDER: According to the complaint, the acts and omissions giving rise to the underlying action, Godo De La Cruz v. Cum Laude Group, Inc., No. 68562/2017 (Sup. Ct. Westchester County), took place in Westchester County. The complaint also alleges that defendant failed to honor its contractual obligation to provide a defense and indemnification to plaintiff Cum Laude Group, Inc., in connection with the underlying action. However, the complaint alleges defendant is a citizen of Florida, and that both plaintiffs maintain their principal places of business in New York, NY. Therefore, from the face of the complaint, it is not clear whether the claim in the instant action arose in whole or in major part in the Northern Counties, and it is also not clear that "at least one of the parties" to this action resides in the Northern Counties. Accordingly, this case may have been improperly designated for assignment to the White Plains courthouse. By April 7, 2021, defendant's counsel is directed to submit a letter to the Court either explaining why the case is properly designated for assignment to White Plains under Rule 18 or acknowledging that the case should be transferred to Manhattan. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 3/31/2021) (mml)
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Filing 6
NOTICE OF APPEARANCE by John Ryan Ewell on behalf of Main Street America Assurance Company..(Ewell, John)
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Filing 5
CIVIL COVER SHEET filed..(Gerber, Daniel)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Daniel Walter Gerber. The party information for the following party/parties has been modified: Main Street America Assuarance Company. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error;. (pc)
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***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Daniel Walter Gerber. The following case opening statistical information was erroneously selected/entered: Nature of Suit code 190 (Contract: Other); Dollar Demand blank;. The following correction(s) have been made to your case entry: the Nature of Suit code has been modified to 110 (Insurance); the Dollar Demand has been modified to $75,000;. (pc)
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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 #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..(pc)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Daniel Walter Gerber to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): incorrect citizenship for the plaintiff. (pc)
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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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (pc)
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Case Designated ECF. (pc)
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Filing 4
ANSWER to Complaint. Document filed by Main Street America Assuarance Company..(Gerber, Daniel)
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Filing 3
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Main Street America Financial Corporation for Main Street America Assuarance Company. Document filed by Main Street America Assuarance Company..(Gerber, Daniel)
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Filing 2
FILING ERROR - DEFICIENT PLEADING - PDF ERROR - CIVIL COVER SHEET filed..(Gerber, Daniel) Modified on 3/31/2021 (pc).
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Filing 1
NOTICE OF REMOVAL from Supreme Court, County of Westchester. Case Number: 51114/2021. (Filing Fee $ 402.00, Receipt Number ANYSDC-24327761).Document filed by Main Street America Assuarance Company. (Attachments: #1 Exhibit A - Index of State Court Pleadings, #2 Exhibit Ex. B - State Court Pleadings).(Gerber, Daniel)
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