Battaglia et al v. Ohio Security Insurance Company et al
| Peter J Battaglia, Battaglia Demolition, Inc., Peter J. Battaglia and Peter Battaglia |
| Ohio Security Insurance Company, Liberty Mutual Insurance Company and Liberty Mutual Insurance |
| 1:2024cv00052 |
| January 11, 2024 |
| US District Court for the Western District of New York |
| Lawrence J Vilardo |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Insurance Contract |
| None |
Docket Report
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| Filing 10 TEXT ORDER granting the plaintiffs' motion, Docket Item #9 , for an extension of time. Plaintiffs' response to the motion to dismiss or amended complaint due by 4/11/2024. Defendants' reply in support of the motion to dismiss or response to the amended complaint due by 5/10/2024. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 3/8/2024. (DJ) |
| Filing 9 First MOTION for Extension of Time to File Response/Reply by Peter J Battaglia, Battaglia Demolition, Inc.. (Attachments: #1 Declaration)(Scrivani, Joshua) |
| Filing 8 TEXT ORDER re: #6 Motion to Dismiss. The defendants have moved to dismiss under Federal Rule of Civil Procedure 12(b)(6), arguing that the complaint fails in part to state a claim on which relief can be granted. Without expressing any view as to the merits of that motion, the Court will give the plaintiffs an opportunity to cure the alleged defects by filing an amended complaint in accordance with Federal Rule of Civil Procedure 15(a)(1)(B). If the plaintiffs timely file an amended complaint, the Court will deny the pending motion to dismiss without prejudice as moot. If the plaintiffs do not file an amended complaint, the plaintiffs must respond to the motion to dismiss. Therefore, the plaintiffs shall file either an amended complaint or a response to the motion to dismiss by 3/12/2024. If the plaintiffs file an amended complaint, then the defendants must answer, move against, or otherwise respond to the amended complaint within 30 days of its filing. If the plaintiffs file a response to the motion to dismiss, then the defendants may reply by 3/26/2024. If necessary, the Court will schedule oral argument at a later time.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 by an assigned magistrate judge. In particular, the parties may consent to have only the pending motion to dismiss resolved by a magistrate judge, in which case the motion likely will be resolved sooner than if it is handled by this Court. Consent forms may be found on the Court's website at https://www.nywd.uscourts.gov/forms-3. No adverse substantive consequences will result should the parties choose not to consent. SO ORDERED. Signed by Hon. Lawrence J. Vilardo on 2/27/2024. (DJ) |
| Filing 7 NOTICE of Appearance by Joshua F. Scrivani on behalf of Peter J Battaglia, Battaglia Demolition, Inc. (Scrivani, Joshua) |
| Filing 6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Liberty Mutual Insurance, Ohio Security Insurance Company. (Attachments: #1 Declaration in Support of Motion, #2 Exhibit A. Summons & Complaint, #3 Exhibit B. Policy, #4 Exhibit C. Order & Judgment with transcript of Decision, #5 Memorandum in Support)(Berger, Glenn) |
| 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 Disclosure Statements are to be filed with first appearance, pleading, petition, motion, response, or other request addressed to the court. (KM) |
| Filing 5 TEXT ORDER: The stipulation, Docket Item #4 , extending the defendants' time to respond to the complaint to 2/20/2024 is SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 1/19/2024. (DJ) |
| Filing 4 STIPULATION Extending Time to Respond to Complaint by Liberty Mutual Insurance, Ohio Security Insurance Company. (Berger, Glenn) |
| Filing 3 NOTICE of Appearance by Marshall T. Potashner on behalf of Liberty Mutual Insurance Company, Ohio Security Insurance Company (Potashner, Marshall) |
| Case Assigned to Hon. Lawrence J. Vilardo. Notification to Chambers of on-line civil case opening. (TMK) |
| AUTOMATIC REFERRAL to Mediation: the ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution.(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 Liberty Mutual Insurance Company, Ohio Security Insurance Company identifying Corporate Parent Liberty Mutual Holding Company, Inc., Corporate Parent LMHC Massachusetts Holdings Inc., Corporate Parent Liberty Mutual Group Inc. for Liberty Mutual Insurance Company; Corporate Parent LMHC Massachusetts Holdings Inc., Corporate Parent Liberty Mutual Group Inc., Corporate Parent Liberty Mutual Agency Corporation, Corporate Parent Liberty Insurance Holdings, Inc., Corporate Parent Ohio Casualty Corporation, Corporate Parent Peerless Insurance Company, Corporate Parent Employers Insurance of Wausau, Corporate Parent Liberty Mutual Insurance Company, Corporate Parent Liberty Mutual Fire Insurance Company for Ohio Security Insurance Company.. (Berger, Glenn) |
| Filing 1 NOTICE OF REMOVAL by All Defendants from Supreme Court, Erie County, case number 815914/2023. (Filing fee $ 405 receipt number ANYWDC-5078648), filed by All Defendants. (Attachments: #1 Exhibit A. Summons & Complaint, #2 Exhibit B. Cover sheet, #3 Exhibit C. Index, #4 Exhibit 1. Summons & Complaint, #5 Exhibit 2. Affidavit of Service, #6 Exhibit 3. Affidavit of Service, #7 Exhibit 4. Affidavit of Service, #8 Exhibit 5. Acknowledgment of Service, #9 Exhibit 6. Acknowledgment of Service, #10 Exhibit 7. Acknowledgment of Service)(Berger, Glenn) |
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