Great Lakes Medical Imaging, LLC. et al v. Philadelphia Insurance Companies
| Phillip Baum, M.D., Jonathan Marshall, M.D., Keyur Shah, M.D., Jason Pericak, M.D., Gregory Shields, M.D., Kenneth Pearsen, M.D., Victor Regenbogen, M.D., Charles Kesh, M.D., Great Lakes Medical Imaging, LLC and Charles Lesh, M.D. |
| Philadelphia Insurance Companies |
| 1:2019cv01445 |
| October 29, 2019 |
| US District Court for the Western District of New York |
| Hugh B Scott |
| William M Skretny |
| Insurance |
| 28 U.S.C. § 1332 |
| Defendant |
Docket Report
RSS Track this Docket
This docket was last retrieved on December 23, 2019. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 14 SCHEDULING/CASE MANAGEMENT ORDER (Please Note: This docket text does not contain the entire contents of the attached Order. It is your responsibility to read the attached Order and download it for future reference. Direct any questions to the Chambers of the Judge who entered this Order.) Mandatory Disclosures due by 1/10/2020. Stipulation of Selection of Mediator due by 1/17/2020. Motions to Join Parties/Amend Pleadings due by 1/21/2020. First Mediation Session due by 3/13/2020. Discovery completed by 6/19/2020. Dispositive Motions due by 9/17/2020; Status Conference conditionally set for 9/23/2020 11:00 AM before Hon. Hugh B. Scott if no motions filed. Mediation To End by 10/30/2020.Signed by Hon. Hugh B. Scott on 12/23/2019. (GAI) |
| Filing 13 REPORT of Rule 26(f) Planning Meeting. (Attachments: #1 Certificate of Service)(Mendolera, Lauren) |
Filing 12
ORDER OF MAGISTRATE JUDGE HUGH B. SCOTTTEXT ORDER re #11 Letter filed by Philadelphia Insurance CompaniesDefendant's request (Docket No. 11) to extend its time to address the question of the membership of plaintiff Great Lakes Medical Imaging, LLC, is granted. This Court accepts the proposed discovery schedule (id.) and grants leave to conduct discovery on the discrete question of the LLC's membership. Report on that membership due by 1/30/2020, extending the previous deadline of 12/13/2019 (Docket No. 9).So Ordered. Signed by Hon. Hugh B. Scott on 12/18/2019. (DRH)
|
| Filing 11 Letter filed by Philadelphia Insurance Companies as to Philadelphia Insurance Companies . (Kaim, Marc) |
| Filing 10 Corporate Disclosure Statement by Philadelphia Insurance Companies. (Kaim, Marc) |
| Filing 9 TEXT ORDER RE: Jurisdiction.As recently as this week, the Second Circuit reminded the District Courts that the citizenship of a Limited Liability Company tracks the citizenship of its individual members and that diversity of citizenship cannot be assumed. See Platinum-Montaur Life Scis., LLC v. Navidea Biopharmaceuticals, Inc., No. 18-3535-cv, 2019 U.S. App. LEXIS 35143, at *8 (2d Cir. Nov. 25, 2019) ("A district court may not assume subject-matter jurisdiction when the record does not contain the necessary prerequisites for its existence.").The record in this case so far does not make certain that diversity of citizenship exists. The complaint filed in state court mentioned that each individual plaintiff was a director of the LLC plaintiff. The complaint and the moving papers, however, technically do not confirm whether the LLC has any other members and what the citizenship of those members might be.On or before 12/13/2019, the Court needs to receive confirmation that complete diversity of citizenship exists. Defendant, as the removing party, will bear the burden of filing the necessary confirmation. See Montefiore Med. Ctr. v. Teamsters Local 272, 642 F.3d 321, 327 (2d Cir. 2011) ("A party seeking removal bears the burden of showing that federal jurisdiction is proper.") (citation omitted). SO ORDERED. Issued by Hon. Hugh B. Scott on 11/27/2019. (GAI) |
| Filing 8 TEXT ORDER granting #7 Motion for Extension of Time to File.Defendant will file its corporate disclosure statement on or before 12/13/2019.SO ORDERED. Issued by Hon. Hugh B. Scott on 11/27/2019. (GAI) |
| Filing 7 Motion for Extension of Time to File Corporate Disclosure Statement (Letter filed by Philadelphia Insurance Companies as to Philadelphia Insurance Companies). (Kaim, Marc) Modified on 11/27/2019 to reclassify as a motion (GAI). |
| Filing 6 Corporate Disclosure Statement by Great Lakes Medical Imaging, LLC. (Mendolera, Lauren) |
| ATTENTION CORPORATION PLAINTIFFS/DEFENDANTS: All Corporate Disclosure Statements pursuant to Fed.R.Civ.7.1(b) are to be filed within seven(7) days of this notice. (MD) |
| Filing 5 Amended ANSWER to Complaint by Philadelphia Insurance Companies. (Attachments: #1 Exhibit History of Claim Submission, #2 Affidavit Certificate of Service)(Kaim, Marc) |
| Filing 4 TEXT ORDER RE: Scheduling.On or before 12/20/2019, the parties will file a joint report that addresses the issues covered in Rules 16(c) and 26(f) and Local Rule 16(b); any issues not applicable to this case should be mentioned briefly as not applicable. The parties will meet and confer in good faith to accomplish this goal.The parties are further directed to begin Rule 26 initial disclosures immediately.The Court will issue a Scheduling Order after receiving the joint report.Under 28 U.S.C. 636(c), the parties at any time may consent to have the Magistrate Judge adjudicate individual dispositive proceedings or all proceedings in this case, including a jury or non-jury trial and entry of final judgment. (See also Fed. R. Civ. P. 73.) The parties are encouraged to consider potential benefits of a Rule 73 consent, including earlier motion resolution and trial scheduling; however, there will be no adverse consequences at all should the parties decline. A copy of the Court's chamber guide, also available on the WDNY website, is attached for counsel's convenience.SO ORDERED. Issued by Hon. Hugh B. Scott on 11/8/2019. (GAI) |
| Filing 3 TEXT REFERRAL ORDER. Hon. Hugh B. Scott, United States Magistrate Judge, is hereby designated to act in this case as follows: Pursuant to 28 U.S.C. 636(b)(1)(A), all pre-trial matters in this case are referred to the above-named United States Magistrate Judge, including but not limited to: (1) conduct of a scheduling conference and entry of a scheduling order pursuant to Fed. R. Civ. P. 16, (2) hearing and disposition of all non-dispositive motions or applications, (3) supervision of discovery, and (4) supervision of all procedural matters involving the aforementioned or involving the preparation of the case or any matter therein for consideration by the District Judge. The Magistrate Judge shall not hear and report upon dispositive motions for the consideration of the District Judge pursuant to 28 U.S.C. 636(b)(1)(B) and (C), unless further ordered by this Court. All motions or applications shall be filed with the Clerk and made returnable before the Magistrate Judge. The parties are encouraged to consider the provisions of 28 U.S.C. 636(c) governing consent to either partial or complete disposition of the case, including trial if necessary, by the Magistrate Judge. Consent forms are available from the office of the Magistrate Judge or the office of the Clerk of Court. SO ORDERED. Issued by William M. Skretny, United States District Judge on 11/7/2019. (JCM) |
| Filing 2 ANSWER to Complaint by Philadelphia Insurance Companies. (Attachments: #1 Certificate of Service)(Kaim, Marc) |
| Case assigned to Hon. William M. Skretny. Notification to chambers of on-line civil opening. (KM) |
| Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at #http://www.uscourts.gov/services-forms/forms. (KM) |
| AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution(KM) |
| Filing 1 NOTICE OF REMOVAL by Philadelphia Insurance Companies from Erie County Supreme Court, case number 811701-2019. (Filing fee $ 400 receipt number 0209-3635982), filed by Philadelphia Insurance Companies. (Attachments: #1 Civil Cover Sheet, #2 Appendix Index of State Court Documents, #3 Exhibit A, #4 Exhibit B, #5 Certificate of Service)(Kaim, Marc) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Western District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
