Lebrun Estate, LLC. v. The Cincinnati Insurance Company
| LEBRUN ESTATE, LLC. |
| The Cincinnati Insurance Company, Cincinnati Insurance Company and Cincinnati Indemnity Company |
| 1:2020cv00967 |
| July 27, 2020 |
| US District Court for the Western District of New York |
| William M Skretny |
| Insurance |
| 28 U.S.C. ยง 1332 |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on September 14, 2020. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 6 STIPULATION of Dismissal (Discontinuance) by The Cincinnati Insurance Company. (Krekstein, William) |
| 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 TEXT ORDEROn July 27, 2020, Defendant filed a #1 Notice of Removal to this Court. Defendant then #3 moved this Court to direct the filing of a Complaint. This Court set a 4 briefing schedule in which it directed Plaintiff to respond to Defendant's motion by August 24, 2020. No response has been filed. Pursuant to Local Rule of Civil Procedure 7 (a)(2), a party opposing a motion is required to file and serve an answering memorandum. Failure to comply with this requirement may constitute grounds for resolving the motion against the non-complying party.The Federal Rules of Civil Procedure govern an action once it is removed from the state court. Fed. R. Civ. P. 81(c)(1). 28 U.S.C. 1447(a) gives this Court authority to issue "all necessary orders and process to bring before it all proper parties" in a removed case. Repleading is not required "unless the court orders it." Fed. R. Civ. P. 81(c)(2); Downes v. Sunrise Bus, Inc., CV 12-2555 (SJF)(AKT), 2012 U.S. Dist. LEXIS 97864, *2, 2-3 (E.D.N.Y. July 13, 2012, Tomlinson, M.J.), citing Freeman v. Bee Machine Co., 319 U.S. 448, 452, 63 S. Ct. 1146, 87 L. Ed. 1509, 1943 Dec. Comm'r Pat. 771 (1943) ("District courts... [have] the power to permit a recasting of pleadings or amendments to complaints in accordance with the federal rules.").This case was initiated with a Summons and Notice pursuant to New York civil practice. Rule 8 of the Federal Rules of Civil Procedure requires that a pleading contain "a short and plain statement of the claim showing that the pleader is entitled to relief." Fed. R. Civ. P. 8(a)(2). Rule 8 does not require "'detailed factual allegations,' but it demands more than an unadorned, the-defendant-unlawfully-harmed-me accusation." Ashcroft v. Iqbal, 556 U.S. 662, 678, 129 S. Ct. 1937, 173 L. Ed. 2d 868 (2009) (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555, 127 S. Ct. 1955, 167 L. Ed. 2d 929 (2007)). A complaint consisting of "'naked assertion[s]' devoid of 'further factual enhancement'" does not satisfy Rule 8. Id. (quoting Twombly, 550 U.S. at 557).Here, Plaintiff's Summons with Notice does not meet the notice-giving standard of Rule 8. It therefore does not give Defendant adequate notice "to be fully able to raise any objections or defenses." Downes, 2012 U.S. Dist. LEXIS 97864, at * 5.Because Plaintiff failed to timely respond to Defendant's #3 motion and because Defendant lacks adequate notice of Plaintiff's claims, IT HEREBY IS ORDERED, that Defendant's #3 Motion to Direct the Filing of a Complaint is GRANTED. FURTHER, Plaintiff is DIRECTED to file and serve a Complaint in conformity with Rule 8 within 20 days of the entry of this order. Defendant's Answer will be due within 21 days of the service of the Complaint.FURTHER, The Clerk of Court is DIRECTED to mail a copy of this Order to Plaintiff's counsel, at the address indicated in Defendant's #3 certificate of service.SO ORDERED. Issued by William M. Skretny, United States District Judge on 9/1/2020. (JCM)-CLERK TO FOLLOW UP- |
| A copy of 4 Text Order has been mailed to the Plaintiff's counsel and to the Plaintiff at the address listed on Defendants Certificate of Service (Docket No. 3). (BK) |
| Filing 4 TEXT ORDER re #3 MOTION Direct Filing of Complaint and Set Time to Respond filed by The Cincinnati Insurance CompanyIT HEREBY IS ORDERED, that Plaintiff's response to Defendant's #3 Motion to Direct Filing of the Complaint and Set Time to Respond is due 8/24/2020 (21 days from entry of this Order). Defendant's reply is now due 8/31/2020. Oral argument or a status conference on this case will be scheduled by separate order if deemed necessary.IT IS FURTHER ORDERED, that Defendant's deadline to answer the Complaint is held in abeyance pending resolution of this Motion.A copy of this Order will be sent to Plaintiff at the address indicated in Defendants Certificate of Service (Docket No. 3). Court Clerk to mail a copy of this Order to Plaintiff's counsel.So Ordered. Signed by Hon. William M. Skretny on 8/3/2020. (DRH)-CLERK TO FOLLOW UP- |
| Filing 3 MOTION Direct Filing of Complaint and Set Time to Respond by The Cincinnati Insurance Company. (Attachments: #1 Text of Proposed Order, #2 Exhibit A)(Krekstein, William) |
| Case Assigned to Hon. William M. Skretny. Notification to Chambers of on-line civil case opening. (JD) |
| AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution.(JD) |
| 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. (JD) |
| Filing 2 Corporate Disclosure Statement by The Cincinnati Insurance Company identifying Corporate Parent Cincinnati Financial Corporation for The Cincinnati Insurance Company.. (Krekstein, William) |
| Filing 1 NOTICE OF REMOVAL by The Cincinnati Insurance Company from Erie County, case number 801307/2020. (Filing fee $ 400 receipt number 0209-3916578), filed by The Cincinnati Insurance Company. (Attachments: #1 Civil Cover Sheet, #2 Index of State Court Filings, #3 Exhibit A and B)(Krekstein, William) |
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.
