1746 Dale Road LLC v. Erie Insurance Company
| 1746 Dale Road LLC |
| Erie Insurance Company |
| 1:2023cv00819 |
| August 11, 2023 |
| US District Court for the Western District of New York |
| Jeremiah J McCarthy |
| John L Sinatra |
| Insurance |
| 28 U.S.C. ยง 1446 Breach of Contract- Insurance |
| None |
Docket Report
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This docket was last retrieved on September 27, 2023. A more recent docket listing may be available from PACER.
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| Filing 12 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 9/27/23. (MDY) |
| Filing 11 Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: Initial Pretrial Conference held on 9/27/2023. Counsel for the parties appear by telephone. Basic background 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): Thomas Lyons for plaintiff; Scott Mancuso for defendant (AT&T) (EG) |
| Filing 10 NOTICE of Appearance by Roy A. Mura on behalf of Erie Insurance Company (Mura, Roy) |
| Filing 9 Proposed Pretrial Order by Erie Insurance Company. (Mancuso, Scott) |
| Filing 8 NOTICE of Appearance by Thomas D Lyons on behalf of 1746 Dale Road LLC (Lyons, Thomas) |
Filing 7
ORDER OF PRELIMINARY PRETRIAL CONFERENCE. As set forth in the order, a teleconference is set for 9/27/2023 at 11:00 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 8/31/2023. (EG)
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| Filing 6 Corporate Disclosure Statement by 1746 Dale Road LLC. (Berloth, Christopher) |
| Filing 5 TEXT ORDER: For purposes of diversity jurisdiction, a limited liability company has the citizenship of each of its members. See Handelsman v. Bedford Village Associates Limited Partnership, 213 F.3d 48, 51-52 (2d Cir. 2000). Therefore, on or before September 1, 2023, plaintiff 1746 Dale Road LLC shall file a statement listing the names and citizenships of each of its members, and if any of its members are also limited liability companies (or limited liability partnerships), the names and citizenships of each of their members (or partners) shall also be identified. A scheduling conference will be deferred pending confirmation that the court has subject matter jurisdiction over this case. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 8/21/2023. (EG) |
| Filing 4 TEXT REFERRAL ORDER (DISPOSITIVE) - 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) 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 8/18/2023. (KLH) |
| ADR Plan electronically forwarded to attorneys. The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution. (JLV) |
| Filing 3 ANSWER to Complaint by Erie Insurance Company.(Mancuso, Scott) |
| AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution.(TMK) |
| Case Assigned to Hon. John L. Sinatra, Jr. 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) |
| Filing 2 Corporate Disclosure Statement by Erie Insurance Company. (Mancuso, Scott) |
| Filing 1 NOTICE OF REMOVAL by Erie Insurance Company from Erie County Supreme, case number 808362/2023. (Filing fee $ 402 receipt number ANYWDC-4947609), filed by Erie Insurance Company. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet, #3 Index of State Record, #4 Certificate of Service)(Mancuso, Scott) |
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| Plaintiff: 1746 Dale Road LLC | |
| Represented By: | Christopher M. Berloth |
| Represented By: | Thomas D Lyons |
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| Defendant: Erie Insurance Company | |
| Represented By: | Roy A. Mura |
| Represented By: | Scott David Mancuso |
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