Southerland v. Staniszewski et al
| Jessica L Southerland |
| Tatiana G Staniszewski, Jeffrey D Staniszewski and Progressive Casualty Insurance Company |
| 1:2022cv00023 |
| January 7, 2022 |
| US District Court for the Western District of New York |
| Michael J Roemer |
| John L Sinatra |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Notice of Removal |
| None |
Docket Report
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This docket was last retrieved on December 2, 2022. A more recent docket listing may be available from PACER.
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Clerk sent a certified copy of #38 Order to New York State Supreme Court, County of Erie. (CGJ)
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Filing 38
DECISION AND ORDER adopting Report and Recommendations re #30 Report and Recommendations; granting #7 Motion to Dismiss for Failure to State a Claim. Dismissing Plaintiffs GBL Section 349 claim and remanding the matter to State Court. Denying as moot #9 Motion to Dismiss for Failure to State a Claim, MOTION to Sever and MOTION to Remand to State Court. Signed by Hon. John L. Sinatra, Jr. on 12/1/2022. (CGJ)
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Filing 37
REPLY/RESPONSE to re #36 Reply/Response filed by Jessica L Southerland. (Cassar, Elise)
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Filing 36
REPLY/RESPONSE to re #33 Reply/Response, filed by Progressive Casualty Insurance Company. (Kochis, Kymberly)
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Filing 35
REPLY/RESPONSE to re #33 Reply/Response, filed by Jeffrey D Staniszewski, Tatiana G Staniszewski. (Attachments: #1 Certificate of Service)(Graff, Kevin)
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Filing 34
TEXT ORDER re #33 Objection to #30 Report and Recommendation. Responses are due October 11, 2022. Plaintiff's reply is due October 18, 2022. SO OREDRED. Issued by Hon. John L. Sinatra, Jr. on 9/27/22. (MEM)
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E-Filing Notification: re #33 Docket text modified to show as Objection to Report and Recommendations (CGJ)
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Filing 33
OBJECTION to re #30 REPORT AND RECOMMENDATIONS re #7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Progressive Casualty Insurance Company, #9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Sever MOTION to Remand to Sta, #9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Sever MOTION to Remand to State Court filed by Jessica L Southerland. (Cassar, Elise) Modified on 9/27/2022 (CGJ).
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Filing 32
TEXT ORDER re #31 Letter. Objections to the Report and Recommendation #30 are now due September 26, 2022. Issued by Hon. John L. Sinatra, Jr. on 9/7/22. (MEM)
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Filing 31
Letter filed by Jessica L Southerland as to Progressive Casualty Insurance Company, Jeffrey D Staniszewski, Tatiana G Staniszewski requesting extension to file objection to the Report and Recommendation. (Cassar, Elise)
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Filing 30
REPORT AND RECOMMENDATION re #7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Progressive Casualty Insurance Company and #9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Sever MOTION to Remand to State Court filed by Tatiana G Staniszewski, Jeffrey D Staniszewski. Objections due fourteen days from receipt. Objections to R&R due by 9/12/2022. Signed by Hon. Michael J. Roemer on 8/24/2022. (RAZ)
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Filing 29
MEMORANDUM in Support re #9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Sever MOTION to Remand to State Court filed by Jeffrey D Staniszewski, Tatiana G Staniszewski. (Graff, Kevin)
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Filing 28
RESPONSE in Opposition re #7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Sever MOTION to Remand to State Court filed by Jessica L Southerland. (Lyons, Thomas)
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Filing 27
REPLY/RESPONSE to re #7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #26 Memorandum in Opposition to Motion, Progressive's Supplemental Reply Brief in Further Support of Defendant's Motion to Dismiss filed by Progressive Casualty Insurance Company. (Kochis, Kymberly)
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Filing 26
MEMORANDUM in Opposition re #7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Sever MOTION to Remand to State Court filed by Jessica L Southerland. (Lyons, Thomas)
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Filing 25
NOTICE of Appearance by Thomas D Lyons on behalf of Jessica L Southerland (Lyons, Thomas)
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Filing 24
MEMORANDUM in Support re #7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Progressive Casualty Insurance Company. (Kochis, Kymberly)
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Filing 23
MEMORANDUM in Support re #9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Sever MOTION to Remand to State Court filed by Jeffrey D Staniszewski, Tatiana G Staniszewski. (Attachments: #1 Exhibit A - Insurance Policy)(Graff, Kevin)
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Filing 22
Minute Entry for proceedings held before Hon. Michael J. Roemer. Appearances via Zoom: Thomas D. Lyons, Esq. on behalf of plaintiff; Kevin J. Graff, Esq. on behalf of defendants Tatiana Staniszewski and Jeffrey D. Staniszewski; Kymberly Kochis, Esq., on behalf of defendant Progressive Casualty Insurance Company. Motion Hearing held on 3/25/2022 re #7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Progressive Casualty Insurance Company and #9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Sever MOTION to Remand to State Court filed by Tatiana G Staniszewski, Jeffrey D Staniszewski. The Court requested additional briefing to be filed no later than 4/25/2022. Responses to be filed no later than 5/9/2022. The Court will schedule a continuation of this motion hearing if necessary. (Court Reporter ZoomGov.) (RAZ)NOTE: The Court advised parties and listeners that they are strictly prohibited from recording, reproducing or rebroadcasting any part of this hearing in whole or in part in any fashion. Violation of this Court's Order could be deemed a contempt of Court.
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Filing 21
TEXT ORDER granting #19 Motion for Jocelyn Meredith Weinstein, Esq. to appear Pro Hac Vice on behalf of Progressive Casualty Insurance Company. SO ORDERED. Issued by Hon. Michael J. Roemer on 3/18/2022. (RAZ)-CLERK TO FOLLOW UP-
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Filing 20
TEXT ORDER granting #18 Motion for Kymberly Kochis, Esq. to appear Pro Hac Vice on behalf of Progressive Casualty Insurance Company. SO ORDERED. Issued by Hon. Michael J. Roemer on 3/18/2022. (RAZ)-CLERK TO FOLLOW UP-
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Filing 19
Second MOTION to appear pro hac vice ( Filing fee $ 200 receipt number ANYWDC-4529912.) by Progressive Casualty Insurance Company. (Attachments: #1 Affidavit Admission Sponsor Affidavit, #2 Exhibit Admission Petition Form, #3 Exhibit Attorneys Oath, #4 Exhibit Civility Principles & Guidelines Oath, #5 Exhibit Attorney Database & Electronic Case Filing Registration Form, #6 Exhibit Proposed Order)(Potenza, V.)
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Filing 18
First MOTION to appear pro hac vice ( Filing fee $ 200 receipt number ANYWDC-4529845.) by Progressive Casualty Insurance Company. (Attachments: #1 Affidavit Admission Sponsor Affidavit, #2 Exhibit Admission Petition Form, #3 Exhibit Attorneys Oath, #4 Exhibit Civility Principles & Guidelines Oath, #5 Exhibit Attorney Database & Electronic Case Filing Registration Form, #6 Exhibit Proposed Order)(Potenza, V.)
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RESCHEDULING NOTICE as to #9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Sever MOTION to Remand to State Court, #7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. Motion Hearing via ZOOM set for 3/30/2022 at 11:00 AM is RESCHEDULED to 3/25/2022 at 3:00 PM before Hon. Michael J. Roemer. (RAZ)
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Filing 17
REPLY/RESPONSE to re #7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Progressive Casualty Insurance Company. (Potenza, V.)
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Filing 16
REPLY/RESPONSE to re #9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Sever MOTION to Remand to State Court filed by Jeffrey D Staniszewski, Tatiana G Staniszewski. (Attachments: #1 Memorandum in Support, #2 Exhibit A - Cain-Henry Order)(Graff, Kevin)
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Filing 15
DECLARATION re #7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Sever MOTION to Remand to State Court filed by Jessica L Southerland filed by Jessica L Southerland. (Attachments: #1 Memorandum in Support in Opposition to Defendants' Motions to Dismiss and Staniszewski's Motion to Sever and Remand)(Cassar, Elise)
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Filing 14
NOTICE of Appearance by Elise L. Cassar on behalf of Jessica L Southerland (Cassar, Elise)
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Filing 13
TEXT ORDER granting #12 Motion to Adjourn motion hearings as to #7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and #9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, MOTION to Sever, MOTION to Remand to State Court. SO ORDERED. Issued by Hon. Michael J. Roemer on 2/15/2022. (RAZ)
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Filing 12
First MOTION to Adjourn Defendants' Motions (Docket Nos. 7 and 9) by Jeffrey D Staniszewski, Tatiana G Staniszewski.(Graff, Kevin)
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Filing 11
Letter filed by Jeffrey D Staniszewski, Tatiana G Staniszewski as to Progressive Casualty Insurance Company, Jeffrey D Staniszewski, Tatiana G Staniszewski Letter Requesting Adjourment of Motions on Consent of All Counsel. (Graff, Kevin)
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E-Filing Notification: #11 Letter filed by Jeffrey D Staniszewski, Tatiana G Staniszewski as to Progressive Casualty Insurance Company, Jeffrey D Staniszewski, Tatiana G Staniszewski Letter Requesting Adjourment of Motions on Consent of All Counsel. (Graff, Kevin) ACTION REQUIRED: Letter to be refiled as a motion as relief is being requested. (RAZ)
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RESCHEDULING NOTICE as to #7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and #9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, MOTION to Sever, MOTION to Remand to State Court. Motion Hearing via Zoom set for 3/22/2022 at 1:00 PM is RESCHEDULED to 3/30/2022 at 11:00 AM before Hon. Michael J. Roemer. (RAZ)
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SCHEDULING NOTICE as to #7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and #9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, MOTION to Sever, MOTION to Remand to State Court. Responses due by 3/1/2022. Replies due by 3/15/2022. Motion Hearing via Zoom set for 3/22/2022 01:00 PM before Hon. Michael J. Roemer. (RAZ)
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Filing 10
TEXT REFERRAL ORDER (DISPOSITIVE) - 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) and (B), 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 also 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). 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. John L. Sinatra, Jr. on 2/8/2022. (KLH)
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Filing 9
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , MOTION to Sever , MOTION to Remand to State Court by Jeffrey D Staniszewski, Tatiana G Staniszewski. (Attachments: #1 Declaration, #2 Exhibit A - Summons and Complaint, #3 Exhibit B - Staniszewski Answer, #4 Exhibit C - Amended Summons and Complaint, #5 Exhibit D - Progressive Answer, #6 Exhibit E - Staniszewski Answer to Amended Complaint, #7 Errata F - Notice of Removal (State Court), #8 Memorandum in Support)(Graff, Kevin)
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Filing 8
TEXT ORDER re Defendant Progressive Casualty Insurance Company's #7 Motion to Dismiss. Plaintiff shall respond by 3/1/2022. Defendant shall file a reply, if any, by 3/15/2022. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 2/1/2022. (JES)
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Filing 7
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Progressive Casualty Insurance Company. (Attachments: #1 Memorandum in Support)(Potenza, V.)
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Filing 6
TEXT ORDER as to Defendant Progressive Casualty Insurance Company. Defendant's #4 request for extension is granted. Defendant shall respond to the Amended Complaint no later than 1/31/2022. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 1/12/2022. (JES)
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Filing 5
Letter filed by Jessica L Southerland as to Progressive Casualty Insurance Company, Jeffrey D Staniszewski, Tatiana G Staniszewski Re Consent Re Progressive Extension to Answer. (Cassar, Elise)
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Filing 4
Letter filed by Progressive Casualty Insurance Company as to Progressive Casualty Insurance Company, Jeffrey D Staniszewski, Tatiana G Staniszewski Request for Extension. (Potenza, V.)
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Filing 3
NOTICE of Appearance by Kevin J. Graff on behalf of Jeffrey D Staniszewski, Tatiana G Staniszewski (Attachments: #1 Certificate of Service)(Graff, Kevin)
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Case Assigned to Hon. John L. Sinatra, Jr. Notification to Chambers of on-line civil case opening. (TMK)
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AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution.(TMK)
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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. (TMK)
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Filing 2
Corporate Disclosure Statement by Progressive Casualty Insurance Company identifying Corporate Parent Drive Insurance Holdings, Inc., Corporate Parent The Progressive Corporation for Progressive Casualty Insurance Company.. (Potenza, V.)
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Filing 1
NOTICE OF REMOVAL by Progressive Casualty Insurance Company from Supreme Court of Erie County, case number 812790/2021. (Filing fee $ 402 receipt number ANYWDC-4467974), filed by Progressive Casualty Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Civil Cover Sheet)(Potenza, V.)
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