The Continental Insurance Company v. CM Vantage Specialty Insurance Company
| The Continental Insurance Company |
| CM Vantage Specialty Insurance Company |
| 7:2023cv06785 |
| August 2, 2023 |
| US District Court for the Southern District of New York |
| Cathy Seibel |
| Insurance |
| 28 U.S.C. ยง 1332 Diversity Action |
| None |
Docket Report
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| Document Text |
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Filing 11
STIPULATION: IT IS HEREBY STIPULATED, that the time in which defendant, CM VANTAGE SPECIALTY INSURANCE COMPANY has to appear and to answer, amend or supplement the answer as of course or to make any motion with relation to the summons or to the complaint in this action, be and the same hereby is extended to and including October 9, 2023. IT IS HEREBY FURTHER STIPULATED that defendant, CM VANTAGE SPECIALTY INSURANCE COMPANY waives the defense of lack of personal jurisdiction due to defective or improper service of process. This stipulation may be executed by facsimile or electronic signature, which shall be deemed an original signature. SO ORDERED. CM Vantage Specialty Insurance Company answer due 10/9/2023. (Signed by Judge Cathy Seibel on 9/12/2023) (mml)
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| Filing 10 PROPOSED STIPULATION AND ORDER. Document filed by CM Vantage Specialty Insurance Company..(Nicolello, Richard) |
| Filing 9 NOTICE OF APPEARANCE by Richard J. Nicolello on behalf of CM Vantage Specialty Insurance Company..(Nicolello, Richard) |
| Filing 8 SUMMONS RETURNED EXECUTED. CM Vantage Specialty Insurance Company served on 8/25/2023, answer due 9/15/2023. Service was accepted by Andrew Schumacher, Administrative Assistant, Corporation Service Company. Document filed by The Continental Insurance Company..(Shyer, David) |
| Filing 7 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Continental Casualty Company, Corporate Parent The Continental Corporation, Corporate Parent CNA Financial Corporation, Corporate Parent Loews Corporation for The Continental Insurance Company. Document filed by The Continental Insurance Company..(Shyer, David) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Notice to Attorney David Ross Shyer to RE-FILE Document No. #6 Rule 7.1 Corporate Disclosure Statement,. The filing is deficient for the following reason(s): the jurisdiction of this action is based on diversity - the party/intervenor did not name and identify the citizenship of every individual or entity whose citizenship is attributed to that party or intervenor. Re-file the document using the event type Rule 7.1 Corporate Disclosure Statement found under the event list Other Documents - select the correct filer/filers - attach the correct signed PDF - when prompted with the message "Are there any corporate parents or other affiliates?", select the Yes or No radio button - If Yes - enter the corporate parent/other affiliate, click the Search button - select the correct corporate parent/other affiliate name from the search results list or if no person found, create a new corporate parent/other affiliate - select the party to whom the corporate parent/other affiliate should be linked - add corporate parent/other affiliate names one at a time - name and identify the citizenship of every individual or entity whose citizenship is attributed to that party or intervenor. Please use the revised form found here # NYSD form page (lb) |
| Filing 6 FILING ERROR - DEFICIENT DOCKET ENTRY - MISSING DIVERSITY INFORMATION - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Continental Casualty Company, Corporate Parent The Continental Corporation, Corporate Parent CNA Financial Corp. for The Continental Insurance Company. Document filed by The Continental Insurance Company..(Shyer, David) Modified on 8/4/2023 (lb). |
| Filing 5 ELECTRONIC SUMMONS ISSUED as to CM Vantage Specialty Insurance Company..(pc) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to CM VANTAGE SPECIALTY INSURANCE COMPANY, re: #1 Complaint,,. Document filed by The Continental Insurance Company..(Shyer, David) |
| Magistrate Judge Victoria Reznik is so redesignated. (sgz) |
| Magistrate Judge Katharine H. Parker 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) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge J. Paul Oetken. 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) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney David Ross Shyer. The following case opening statistical information was erroneously selected/entered: Cause of Action code 28:2201dj; County code Albany;. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 28:1332; the County code has been modified to XX Out of State;. (pc) |
| Case Designated ECF. (pc) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney David Ross Shyer to RE-FILE Document No. #3 Request for Issuance of Summons. The filing is deficient for the following reason(s): attorney info is blank;. 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 OF CASE REASSIGNMENT to Judge Cathy Seibel. Judge J. Paul Oetken is no longer assigned to the case. (sgz) |
| Filing 3 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to CM VANTAGE SPECIALTY INSURANCE COMPANY, re: #1 Complaint,,. Document filed by The Continental Insurance Company..(Shyer, David) Modified on 8/3/2023 (pc). |
| Filing 2 CIVIL COVER SHEET filed..(Shyer, David) |
| Filing 1 COMPLAINT against CM Vantage Specialty Insurance Company. (Filing Fee $ 402.00, Receipt Number ANYSDC-28094374)Document filed by The Continental Insurance Company. (Attachments: #1 Exhibit UA Complaint.2-16-21, #2 Exhibit Amended Complaint.4-12-21, #3 Exhibit 2d Am. Complaint.2-7-22, #4 Exhibit Snow Removal Contract, #5 Exhibit CM Vantage Policy.partial, #6 Exhibit CNA Policy.partial, #7 Exhibit 1.11.23 email w attachments, #8 Exhibit 1.13.23 Disclaimer).(Shyer, David) |
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| Plaintiff: The Continental Insurance Company | |
| Represented By: | David Ross Shyer |
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| Defendant: CM Vantage Specialty Insurance Company | |
| Represented By: | Richard J. Nicolello |
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