Dugan v. Union Mutual Fire Insurance Company
| Timothy Dugan |
| UNION MUTUAL FIRE INSURANCE COMPANY |
| 7:2023cv02928 |
| April 7, 2023 |
| US District Court for the Southern District of New York |
| Philip M Halpern |
| Insurance |
| 28 U.S.C. ยง 1332 in Diversity-Insurance Contract |
| Defendant |
Docket Report
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This docket was last retrieved on April 10, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| CASE REMANDED OUT from the U.S.D.C. Southern District of New York to the State Court - Supreme Court of the State of New York, County of Westchester. Sent certified copy of docket entries and remand order. Mailed via UPS Tracking Number 1Z E22 E53 37 1007 676 7 on 4/11/2023. (jca) |
Filing 5
ORDER Based upon the foregoing, the Court concludes that Defendant failed to satisfy its burden of establishing that the amount in controversy exceeds $75,000. Removal is therefore improper. Accordingly, this action is REMANDED to the Supreme Court of the State of New York, County of Westchester. The Clerk of the Court is respectfully directed to send a copy of this Order to the Supreme Court of the State of New York, County of Westchester, and to close this action. All pending matters are hereby terminated. SO ORDERED. (Signed by Judge Philip M. Halpern on 4/10/2023) (jca) Transmission to Docket Assistant Clerk for processing.
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| Filing 4 CIVIL COVER SHEET filed..(Fogel, Maureen) |
| 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) |
| Case Designated ECF. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Philip M. Halpern. 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) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Maureen Doerner Fogel. The party information for the following party/parties has been modified: UNION MUTUAL FIRE INSURANCE COMPANY. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps;. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Maureen Doerner Fogel. The following case opening statistical information was erroneously selected/entered: Office code Foley Square; Cause of Action code 12:635; Citizenship Defendant code 2 (Citizen of Another State); County code Albany;. The following correction(s) have been made to your case entry: the Office code has been modified to White Plains; the Cause of Action code has been modified to 28:1332; the Citizenship Defendant code has been modified to 5 (Incorporated/Principal Place of Business-Other State); the County code has been modified to XX Out of State;. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Maureen Doerner Fogel to RE-FILE Civil Cover Sheet. The filing is deficient for the following reason(s): the event wrong event type was used to file the civil cover sheet; the PDF must be filed separately; the incorrect Citizenship Plaintiff and Defendant codes were selected under Citizenship of Principal Parties;. 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) |
| Filing 3 CERTIFICATE OF SERVICE of Notice of filing of Notice of Removal with Exhibits served on Plaintiff's Attorney Robert F. Zerilli, Esq. on April 7, 2023. Service was made by BY NYSCEF. Document filed by UNION MUTUAL FIRE INSURANCE COMPANY..(Fogel, Maureen) |
| Filing 2 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by UNION MUTUAL FIRE INSURANCE COMPANY..(Fogel, Maureen) |
| Filing 1 NOTICE OF REMOVAL from Supreme, County of Westchester. Case Number: 56982/2023. (Filing Fee $ 402.00, Receipt Number ANYSDC-27577300).Document filed by UNION MUTUAL FIRE INSURANCE COMPANY. (Attachments: #1 Exhibit Exh. A Index of State Court Pleading, #2 Exhibit Exh. B Summons and Complaint, #3 Exhibit Exh. C Affidavit of Service, #4 Civil Cover Sheet Civil Cover Sheet).(Fogel, Maureen) |
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| Plaintiff: Timothy Dugan | |
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| Defendant: UNION MUTUAL FIRE INSURANCE COMPANY | |
| Represented By: | Maureen Doerner Fogel |
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