Allstate Fire and Casualty Insurance Company v. United States of America
| Allstate Fire and Casualty Insurance Company |
| THE UNITED STATES OF AMERICA and United States of America |
| 7:2022cv07682 |
| September 9, 2022 |
| US District Court for the Southern District of New York |
| Judith C McCarthy |
| Personal Property: Other |
| 28 U.S.C. § 2671 Federal Tort Claims Act |
| None |
Docket Report
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Filing 16
CONSENT TO JURISDICTION BY A US MAGISTRATE JUDGE by Allstate Fire and Casualty Insurance Company, United States of America. (Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Magistrate Judge Judith C. McCarthy. IT IS ORDERED: This case is referred to a United States magistrate judge Hon. Judith C. McCarthy to conduct all proceedings and order the entry of a final judgment in accordance with 28 U.S.C. 636(c) and Fed. R. Civ. P. 73. (Signed by Judge Vincent L. Briccetti on 11/7/2022).(vfr)
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| Filing 15 PROPOSED CONSENT TO JURISDICTION BY US MAGISTRATE JUDGE by United States of America. Document filed by United States of America..(Cowart, Brandon) |
| Filing 14 NOTICE OF APPEARANCE by Brandon Herbert Cowart on behalf of United States of America..(Cowart, Brandon) |
| Filing 13 CERTIFICATE OF SERVICE of Order dated October 25, 2022 with Notice of Consent served on THE UNITED STATES OF AMERICA on 10/28/2022. Service was made by MAIL. Document filed by Allstate Fire and Casualty Insurance Company..(Fendt, Eric) |
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Filing 12
ORDER: On October 25, 2022, plaintiff submitted a proposed Civil Case Discovery Plan and Scheduling Order that indicates "all parties" consent to conducting all further proceedings before the assigned magistrate judge. (Doc. #11). However, defendant has not formally appeared in the case. A magistrate judge may exercise authority over all proceedings in this action only if all parties voluntarily consent. See 28 U.S.C. 636(c)(1). Accordingly, by October 31, 2022, the parties are directed to file a joint letter confirming whether defendant consents to proceed before Magistrate Judge Judith C. McCarthy for all purposes. In the event all parties consent, the parties shall complete the attached Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form, and file it on the ECF docket. Because defendant has not yet formally appeared in this case, plaintiff is directed to serve a copy of this Order on counsel for defendant and to file proof of such service on the docket by October 27, 2022. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 10/25/2022) (tg)
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| Filing 11 PROPOSED SCHEDULING ORDER. Document filed by Allstate Fire and Casualty Insurance Company..(Fendt, Eric) |
| Filing 10 NOTICE OF INITIAL CONFERENCE: Initial Conference set for 11/2/2022 at 11:00 AM in Courtroom 620, 300 Quarropas Street, White Plains, NY 10601 before Judge Vincent L. Briccetti. (tg) |
| Filing 9 CERTIFICATE OF SERVICE of Summons and Complaint,. United States of America served on 9/15/2022, answer due 11/14/2022. Service was made by Mail. Document filed by Allstate Fire and Casualty Insurance Company..(Fendt, Eric) |
| Filing 8 CIVIL COVER SHEET filed..(Fendt, Eric) |
| Filing 7 ELECTRONIC SUMMONS ISSUED as to United States of America, U.S. Attorney and U.S. Attorney General..(jgo) |
| Filing 6 ELECTRONIC SUMMONS ISSUED as to United States of America, U.S. Attorney and U.S. Attorney General..(jgo) |
| Case Designated ECF. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Eric G. Fendt to RE-FILE Document No. #5 Civil Cover Sheet. The filing is deficient for the following reason(s): the form used for the civil cover sheet is not the S.D.N.Y. Civil Cover Sheet form dated October 1, 2020;. 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 October 1, 2020. The S.D.N.Y. Civil Cover Sheet dated October 1, 2020 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Eric G. Fendt. The party information for the following party/parties has been modified: THE UNITED STATES OF AMERICA. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party name was entered in all caps;. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Eric G. Fendt. The following case opening statistical information was erroneously selected/entered: County code Bronx;. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State;. (jgo) |
| 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..(jgo) |
| 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. (jgo) |
| Filing 5 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Fendt, Eric) Modified on 9/12/2022 (jgo). |
| Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent The Allstate Corporation for Allstate Fire and Casualty Insurance Company. Document filed by Allstate Fire and Casualty Insurance Company..(Fendt, Eric) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to The United States of America-U.S. Attorney, re: #1 Complaint,. Document filed by Allstate Fire and Casualty Insurance Company..(Fendt, Eric) |
| Filing 2 REQUEST FOR ISSUANCE OF SUMMONS as to The United States of America, re: #1 Complaint,. Document filed by Allstate Fire and Casualty Insurance Company..(Fendt, Eric) |
| Filing 1 COMPLAINT against THE UNITED STATES OF AMERICA. (Filing Fee $ 402.00, Receipt Number ANYSDC-26654062)Document filed by Allstate Fire and Casualty Insurance Company. (Attachments: #1 Exhibit Form 95, #2 Exhibit Signed Return Receipt, #3 Exhibit Denial Dated 04/11/2022, #4 Exhibit Request for Reconsideration, #5 Exhibit Final Denial Dated 06/06/2022, #6 Exhibit Photograph of USPS vehicle).(Fendt, Eric) |
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