Rimmler v. USAA Casualty Insurance Company, et al
| Sara Rimmler |
| USAA Casualty Insurance Company, Federal Insurance Company and Chubb & Son, Inc |
| 1:2023cv00023 |
| January 11, 2023 |
| US District Court for the Western District of New York |
| Leslie G Foschio |
| John L Sinatra |
| Motor Vehicle |
| 28 U.S.C. § 1332 Diversity-Personal Injury |
| Defendant |
Docket Report
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Filing 18
NOTICE of Appearance by Charles J. Englert on behalf of Chubb & Son, Inc, Federal Insurance Company (Englert, Charles)
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Filing 17
TEXT ORDER granting #16 Motion for Extension of Time to File. The Order filed 1/17/2023 #5 is held in abeyance until a decision on the Motion for Remand #13 has been filed by the court. Issued by Hon. Leslie G. Foschio on 2/28/2023. (SDW)
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Filing 16
MOTION for Extension of Time to File by Sara Rimmler. (Attachments: #1 Declaration, #2 Exhibit A-Scheduling Order dated January 17, 2023, #3 Exhibit B-Amended Notice of Motion to Remand)(Rimmler, Philip)
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Filing 15
NOTICE of Appearance by Philip L. Rimmler on behalf of Sara Rimmler (Rimmler, Philip)
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Filing 14
NOTICE of Appearance by Anne B. Rimmler on behalf of Sara Rimmler (Rimmler, Anne)
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E-Filing Notification: re #13 modified to show as Amended Motion to Remand to State Court (CGJ)
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Filing 13
AMENDED MOTION to Remand to State Court by Sara Rimmler (Attachments: #1 Exhibit Amended Notice of Motion, #2 Exhibit Amended Declaration, #3 Exhibit Amended Memorandum of Law, #4 Exhibit A-Summons and Verified Complaint-dated 5-20-2022, #5 Exhibit B-Summons and Verified Complaint-dated 5-20-2022, #6 Exhibit C-Notice of Removal, #7 Exhibit D-CHUBB & SON INC. Certificate of Status, #8 Exhibit E-Affidavit of Service Upon FEDERAL INSURANCE COMPANY, dated 08-18-2022, #9 Exhibit F-Affidavit of Service Upon USAA CASUALTY INSURANCE COMPANY, dated 08-18-2022, #10 Exhibit G-Affidavit of Monica Rangel, #11 Exhibit H-Chubb-NYS Certified Copy of Incorporation-received 2-13-23)(Rimmler, Anne) Modified on 2/16/2023 (CGJ).
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Filing 12
TEXT ORDER re #8 MOTION to Remand to State Court filed by Sara Rimmler. Responses due by 3/17/2023. Replies due by 3/31/2023. Oral argument at the discretion of the court. Issued by Hon. Leslie G. Foschio on 2/15/2023. (SDW)
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Filing 11
Corporate Disclosure Statement by Sara Rimmler. (Rimmler, Anne)
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Filing 10
Notice of Substitution of Counsel: Vincent G. Saccomando is substituted for Gina M. Arnedos. CLERK TO FOLLOW UP (Saccomando, Vincent)
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Filing 9
NOTICE of Appearance by Vincent G. Saccomando on behalf of Chubb & Son, Inc, Federal Insurance Company (Saccomando, Vincent)
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ATTENTION ALL PARTIES OR INTERVENORS: Pursuant to Fed. R. Civ. P. 7.1 and/ or General Order No. 157. In the Matter of Disclosure of Members, Shareholders, Partners, and Leaders of Business Organization Parties, all Corporate Disclosure Statements are to be filed with the first appearance, pleading, petition, motion, response, or other request addressed to the court. (KM)
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Filing 8
MOTION to Remand to State Court by Sara Rimmler. (Attachments: #1 Declaration, #2 Memorandum in Support, #3 Exhibit A-Summons and Verified Complaint - dated 5-20-2022, #4 Exhibit B-Affidavit of Service Upon CHUBB & SON INC., dated 08-19-2022, #5 Exhibit C-Notice of Removal (Made by USAA on 01-11-2023), #6 Exhibit D-CHUBB & SON INC. Certificate of Status 2-10-23, #7 Exhibit E-Affidavit of Service Upon FEDERAL INSURANCE COMPANY, dated 08-18-2022, #8 Exhibit F-Affidavit of Service Upon USAA CASUALTY INSURANCE COMPANY, dated 08-18-2022, #9 Exhibit G-Affidavit of Monica Rangel.)(Rimmler, Anne)
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Filing 7
DEMAND for Trial by Jury by USAA Casualty Insurance Company. (Banker, Hilary)
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Filing 6
Corporate Disclosure Statement by USAA Casualty Insurance Company identifying Corporate Parent United Services Automobile Association for USAA Casualty Insurance Company.. (Banker, Hilary)
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Filing 5
ORDER. Each party, including any party appearing for themselves without counsel, shall provide to the court, either jointly or separately, a proposed case management order not later than 2/27/2023 for the purpose of entry of a case management order as required by Fed.R.Civ.P. 16(b). Upon receipt of the proposed case management orders, a Scheduling Order will be prepared and filed by the court. Signed by Hon. Leslie G. Foschio on 1/17/2023. (SDW)
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ATTENTION ALL PARTIES OR INTERVENORS: Pursuant to Fed. R. Civ. P. 7.1 and/ or General Order No. 157. In the Matter of Disclosure of Members, Shareholders, Partners, and Leaders of Business Organization Parties, all Corporate Disclosure Statements are to be filed with the first appearance, pleading, petition, motion, response, or other request addressed to the court. (KM)
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Filing 4
NOTICE of Appearance by Gina M. Arnedos on behalf of Chubb & Son, Inc, Federal Insurance Company (Arnedos, Gina)
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Filing 3
TEXT REFERRAL ORDER (DISPOSITIVE) - Hon. Leslie G. Foschio, 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 1/12/2023. (KLH)
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Filing 2
CERTIFICATE OF SERVICE by USAA Casualty Insurance Company re #1 Notice of Removal,,,, (Banker, Hilary)
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Filing 1
NOTICE OF REMOVAL by USAA Casualty Insurance Company from New York State Supreme Court Erie County, case number 805920/2022. (Filing fee $ 402 receipt number ANYWDC-4767305), filed by USAA Casualty Insurance Company. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A - Index of State Court Filed documents, #3 Exhibit A-1 Summons, #4 Exhibit A-2 Complaint, #5 Exhibit A-3 answer, #6 Exhibit A-5 affidavit of service, #7 Exhibit A-6 affidavit of service, #8 Exhibit A-7 affidavit of service, #9 Exhibit A-8 affidavit of service, #10 Exhibit A-9 affidavit of service, #11 Exhibit A-10, #12 Exhibit A-11, #13 Exhibit A-12, #14 Exhibit A-13 answer, #15 Exhibit A-18 notice of motion, #16 Exhibit A-19 supporting affirmation, #17 Exhibit A-20, #18 Exhibit A-21, #19 Exhibit A-22, #20 Exhibit A-23, #21 Exhibit A-24, #22 Exhibit A-25, #23 Exhibit A-26, #24 Exhibit A-27 subpoena, #25 Exhibit A-28 affirmation in opposition, #26 Exhibit A-29, #27 Exhibit A-31 stipulation to amend caption, #28 Exhibit A-32 Order of Justice Dennis Ward)(Banker, Hilary)
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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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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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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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