Norfolk Southern Railway Company v. Philadelphia Indemnity Insurance Company
Plaintiff: Norfolk Southern Railway Company
Defendant: Philadelphia Indemnity Insurance Company
Case Number: 1:2023cv00119
Filed: February 3, 2023
Court: US District Court for the Western District of New York
Presiding Judge: Elizabeth A Wolford
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. ยง 1332 Diversity-Breach of Contract
Jury Demanded By: None
Docket Report

This docket was last retrieved on January 2, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 3, 2023 Opinion or Order E-Filing Notification: #8 First MOTION to Stay; Clerk added additional relief, MOTION to Dismiss, to match papers filed. (JLV)
March 31, 2023 Opinion or Order Filing 8 First MOTION to Stay, MOTION to Dismiss re #1 Complaint by Philadelphia Indemnity Insurance Company. (Attachments: #1 Declaration of Theodore M. Baum, #2 Exhibit A - Construction Contract, #3 Exhibit B - Performance Bond, #4 Exhibit C - Stop Work Order, #5 Exhibit D - Amended Complaint, #6 Exhibit E - Proposed Amended Complaint, #7 Exhibit F - Answer with Counterclaims, #8 Exhibit G - Federal Action Complaint, #9 Exhibit H - PIIC's Proposed Complaint, #10 Memorandum in Support)(Baum, Theodore). Added MOTION to Dismiss on 4/3/2023 (JLV).
February 27, 2023 Opinion or Order Filing 7 STIPULATION AND ORDER for service of summons and complaint and extension of deadline to answer, move, or otherwise respond to complaint to March 31, 2023. Signed by Hon. Elizabeth A. Wolford on 02/27/2023. (MGB)
February 27, 2023 Opinion or Order Filing 6 Corporate Disclosure Statement by Philadelphia Indemnity Insurance Company identifying Corporate Parent Tokio Marine Holdings, Inc. for Philadelphia Indemnity Insurance Company.. (Baum, Theodore)
February 27, 2023 Opinion or Order Filing 5 STIPULATION re #1 Complaint and Order of Service of Summons & Complaint and Date for Response by Philadelphia Indemnity Insurance Company. (Baum, Theodore)
February 27, 2023 Opinion or Order Filing 4 NOTICE of Appearance by Theodore M. Baum on behalf of Philadelphia Indemnity Insurance Company (Baum, Theodore)
February 7, 2023 Opinion or Order 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)
February 6, 2023 Opinion or Order Filing 3 Summons Issued as to Philadelphia Indemnity Insurance Company. (JLV)
February 6, 2023 Opinion or Order Case Assigned to Hon. Elizabeth A. Wolford. Notification to Chambers of on-line civil case opening. (JLV)
February 6, 2023 Opinion or Order AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution. (JLV)
February 6, 2023 Opinion or Order 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. (JLV)
February 3, 2023 Opinion or Order Filing 2 Corporate Disclosure Statement by Norfolk Southern Railway Company identifying Corporate Parent Norfolk Southern Corporation for Norfolk Southern Railway Company.. (Frey, Timothy)
February 3, 2023 Opinion or Order Filing 1 COMPLAINT against Philadelphia Indemnity Insurance Company $ 402 receipt number ANYWDC-4788610, filed by Norfolk Southern Railway Company. (Attachments: #1 Civil Cover Sheet, #2 Summons)(Frey, Timothy)

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Plaintiff: Norfolk Southern Railway Company
Represented By: Timothy L Frey
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Defendant: Philadelphia Indemnity Insurance Company
Represented By: Theodore M. Baum
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