Merchants Mutual Insurance Company v. The Toro Company
Plaintiff: Merchants Mutual Insurance Company and Merchants Preferred Insurance Company
Defendant: The Toro Company
Case Number: 1:2023cv00400
Filed: May 5, 2023
Court: US District Court for the Western District of New York
Presiding Judge: Leslie G Foschio
Referring Judge: John L Sinatra
Nature of Suit: Prop. Damage Prod. Liability
Cause of Action: 28 U.S.C. ยง 1441 Petition for Removal- Property Damage
Jury Demanded By: None
Docket Report

This docket was last retrieved on June 1, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 1, 2023 Opinion or Order Filing 9 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 7/11/2023 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 6/1/2023. (SDW)
May 31, 2023 Filing 8 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 5/31/2023. (KLH)
May 26, 2023 Filing 7 Corporate Disclosure Statement by Merchants Mutual Insurance Company identifying Corporate Parent Merchants National Insurance Company, Corporate Parent Merchants Mutual Insurance Company for Merchants Mutual Insurance Company.. (Cercone, Marco)
May 26, 2023 Filing 6 TEXT ORDER re #5 Stipulation to Amend Caption. The caption in this case shall be updated to reflect the parties' stipulation. See Dkt. 5, at 2. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 5/26/2023. (KEF)Clerk to Follow up
May 25, 2023 Filing 5 STIPULATION to amend caption by Merchants Mutual Insurance Company. (Cercone, Marco)
May 22, 2023 ATTENTION ALL PLAINTIFFS 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 Disclosure Statements are to be filed within seven (7) days of this notice. (KM)
May 17, 2023 Filing 4 NOTICE of Appearance by Gregory Walter Bitar on behalf of Merchants Mutual Insurance Company (Bitar, Gregory)
May 12, 2023 ADR Plan electronically forwarded to attorneys. The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution.(RE)
May 11, 2023 Filing 3 ANSWER to Complaint by The Toro Company.(Giacopelli, Michael)
May 5, 2023 Filing 2 Corporate Disclosure Statement by The Toro Company identifying Corporate Parent The Toro Company for The Toro Company.. (Giacopelli, Michael)
May 5, 2023 Filing 1 NOTICE OF REMOVAL by The Toro Company from Supreme Court of New York, Erie County, case number 803258/2023. (Filing fee $ 402 receipt number ANYWDC-4866079), filed by The Toro Company. (Attachments: #1 Exhibit Summons and Complaint, #2 Exhibit Affidavit of Service, #3 Civil Cover Sheet)(Giacopelli, Michael)
May 5, 2023 Case Assigned to Hon. John L. Sinatra, Jr. Notification to Chambers of on-line civil case opening. (TMK)
May 5, 2023 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)
May 5, 2023 Notified Multi-District Litigation Panel of potential tag-along case. (TMK)
May 5, 2023 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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Plaintiff: Merchants Mutual Insurance Company
Represented By: Marco Cercone
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Plaintiff: Merchants Preferred Insurance Company
Represented By: Marco Cercone
Represented By: Gregory Walter Bitar
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Defendant: The Toro Company
Represented By: Michael Giacopelli
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