Regional Logistics Group, LLC v. West American Insurance Company
| Regional Logistics Group, LLC |
| West American Insurance Company |
| 1:2021cv00347 |
| March 4, 2021 |
| US District Court for the Western District of New York |
| Michael J Roemer |
| Lawrence J Vilardo |
| Insurance |
| 28 U.S.C. ยง 1441 |
| None |
Docket Report
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Filing 6
TEXT ORDER. The parties have made a timely joint #3 motion to opt out of Alternative Dispute Resolution ("ADR"). Under Section 2.2(C) of this District's ADR Plan, an "opt out" motion shall be granted only for "good cause" shown. A party seeking relief from ADR must set forth the reasons why ADR has no reasonable chance of being productive. Inconvenience, travel costs, attorney fees, or other causes shall not constitute "good cause" under the Plan. This action is an insurance coverage dispute wherein plaintiff Regional Logistics Group seeks an order declaring that defendant West American Insurance Company is obligated to contractually defend and indemnify plaintiff in an underlying property damage suit pending in New York State Supreme Court, Erie County. The parties submit several reasons why they believe ADR would not have a reasonable chance of being productive in this case, including (1) that they have developed a comprehensive record through the underlying action which has allowed them to assess the strengths and weaknesses of each other's positions; (2) that the central dispute is a coverage claim, which they anticipate will be decided through dispositive motion practice; (3) that a monetary resolution of this case is not reasonably likely in light of the ongoing dispute in the underlying action; and (4) because the parties discussed the availability of coverage before the present action was filed and those discussions were unproductive. While neither the early production of documents nor the inability to resolve the dispute without mediation are reasons constituting good cause to be excused from ADR, this Court finds that the nature of the case and the fact that the underlying action is still pending in state court demonstrates good cause for relief. Accordingly, the parties' joint motion to opt out of ADR is GRANTED. SO ORDERED. Issued by Hon. Michael J. Roemer on 4/22/2021. (RAZ)
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Filing 5
TEXT ORDER. The parties are hereby directed to jointly complete and email to chambers, roemer@nywd.uscourts.gov, the attached case management order. Such shall be completed within 30 days of the date of this Text Order. The Court will issue a final case management order upon receipt and review of the proposed deadlines. SO ORDERED. Issued by Hon. Michael J. Roemer on 4/14/2021. (RAZ)
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Filing 4
TEXT REFERRAL ORDER - Hon. Michael J. Roemer, 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. IT IS SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 4/13/2021. (CMD)
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Filing 3
First MOTION to Opt Out of ADR by Regional Logistics Group, LLC. (Attachments: #1 Declaration Declaration of James J. Zawodzinski, Jr. in support of Joint Motion to Opt Out of ADR)(Zawodzinski, James)
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Filing 2
ANSWER to Complaint by West American Insurance Company.(Tariq, Jessica)
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Case Assigned to Hon. Lawrence J. Vilardo. Notification to Chambers of on-line civil case opening. (JD)
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AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution.(JD)
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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)
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Filing 1
NOTICE OF REMOVAL by All Defendants from Erie County Supreme Court, case number Erie County Index No. 801054/2021. (Filing fee $ 402 receipt number 0209-4174218), filed by All Defendants. (Attachments: #1 Exhibit Summons and Complaint with Exhibits, #2 Exhibit Notice of Filing of Notice of Removal, #3 Exhibit Index Pursuant to Local Rule 81, #4 Civil Cover Sheet Civil Cover Sheet)(Tariq, Jessica)
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