Niagara Hospice, Inc. v. The Cincinnati Insurance Company
| NIAGARA HOSPICE, INC. and Niagara Hospice, Inc |
| The Cincinnati Insurance Company |
| 1:2023cv00417 |
| May 10, 2023 |
| US District Court for the Western District of New York |
| Jeremiah J McCarthy |
| Lawrence J Vilardo |
| Insurance |
| 28 U.S.C. ยง 1332 Diversity-Insurance Contract |
| None |
Docket Report
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This docket was last retrieved on June 14, 2023. A more recent docket listing may be available from PACER.
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| Filing 10 CASE MANAGEMENT ORDER (Please Note: This docket text may not contain the entire contents of the attached Order. It is your responsibility to read the attached Order and download it for future reference. Direct any questions to the Chambers of the Judge who entered this Order.). Signed by Hon. Jeremiah J. McCarthy on 6/14/23. (MDY) |
| Filing 9 Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: Preliminary Pretrial Conference held on 6/14/2023. Counsel for the parties appear by telephone. Basic allegations of the case briefly discussed. Case Management Order (CMO) dates discussed and set. CMO to follow. The court instructs the parties that good cause must be shown to amend CMO dates. The court also informs the parties of its informal discovery dispute resolution procedures, and encourages them to consent to magistrate judge jurisdiction over the case. APPEARANCES (by phone): Patricia Mancabelli for plaintiff; William Krekstein for defendant (Court Reporter AT&T) (EG) |
| Filing 8 REPORT of Rule 26(f) Planning Meeting. (Krekstein, William) |
Filing 7
ORDER OF PRELIMINARY PRETRIAL CONFERENCE. As set forth in the order, a teleconference is set for 6/14/2023 at 10:00 AM before Hon. Jeremiah J. McCarthy. To access the teleconference, the parties shall dial 888-808-6929 and enter access code 1533000# sufficiently in advance of the proceeding. It remains the parties' responsibility to read and comply with the attached Order. Signed by Hon. Jeremiah J. McCarthy on 5/17/2023. (EG)
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| Filing 6 TEXT REFERRAL ORDER - Hon. Jeremiah J. McCarthy, 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 5/17/2023.(WMH) |
| ADR Plan electronically forwarded to attorneys. The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution.(CGJ) |
| Filing 5 ANSWER to Complaint with Affirmative Defenses by The Cincinnati Insurance Company. (Attachments: #1 Exhibit A)(Krekstein, William) |
| 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) |
| Filing 4 Corporate Disclosure Statement by The Cincinnati Insurance Company identifying Corporate Parent Cincinnati Financial Corporation for The Cincinnati Insurance Company.. (Krekstein, William) |
| Filing 3 AFFIDAVIT re #2 Continuation of Exhibits, #1 Notice of Removal, of William Krekstein Pursuant to Rule 81 by The Cincinnati Insurance Company. (Krekstein, William) |
| Filing 2 CONTINUATION OF EXHIBITS by The Cincinnati Insurance Company. to #1 Notice of Removal, filed by The Cincinnati Insurance Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Krekstein, William) |
| E-Filing Notification: re #1 NOTICE OF REMOVAL - Action Required: Attorney is directed to file an index identifying State Court documents pursuant to local rule 81(A). (TMK) |
| Case Assigned to Hon. Lawrence J. Vilardo. Notification to Chambers of on-line civil case opening. (TMK) |
| 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) |
| AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution.(TMK) |
| Filing 1 NOTICE OF REMOVAL by The Cincinnati Insurance Company from Supreme Court for the State of New York, County of Niagara, case number E179617/2023. (Filing fee $ 402 receipt number ANYWDC-4870624), filed by The Cincinnati Insurance Company. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A and B)(Krekstein, William) |
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