Liberty Mutual Fire Insurance Company v. Ace American Insurance Company
| Liberty Mutual Fire Insurance Company |
| Ace American Insurance Company |
| 1:2024cv00982 |
| October 15, 2024 |
| U.S. District Court for the Western District of New York |
| Leslie G Foschio |
| Lawrence J Vilardo |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Insurance Contract |
| None |
Docket Report
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Filing 18
SCHEDULING 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.) Motions to Join Parties/Amend Pleadings due by 12/20/2024. Mandatory Disclosures due by 12/20/2024. Stipulation of Selection of Mediator due by 1/3/2025. First Mediation Session due by 2/28/2025. Motions to Compel Discovery due by 6/6/2025. Discovery completed by 6/30/2025. Plaintiff Expert Witness ID due by 7/30/2025. Defendant Expert Witness ID due by 9/30/2025. Dispositive Motions due by 12/18/2025. Mediation sessions may continue until 1/16/2026. If no dispositive motion filed, status report due 1/9/2026. Signed by Hon. Leslie G. Foschio on 12/6/2024. (SDW)
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| Filing 17 REPORT of Rule 26(f) Planning Meeting. (Teves, Maria Althea) |
| Filing 16 TEXT ORDER granting #15 Motion for Pro Hac Vice for Christopher P. Hemphill. Issued by Hon. Leslie G. Foschio on 11/7/2024. (SDW)Clerk to Follow up |
| Filing 15 MOTION to appear pro hac vice for Christopher P. Hemphill ( Filing fee $ 200 receipt number ANYWDC-5325460.) by Ace American Insurance Company. (Attachments: #1 Christopher P. Hemphill, Admission Petition Form, #2 Rosario Chetta, Admission Sponsor Affidavit, #3 Attorney's Oath, #4 Civility Principles Oath, #5 Attorney Database and Electronic Case Filing Registration Form, #6 Certificate of Good Standing, New York, #7 Certificate of Good Standing, Illinois, #8 ARDC Good Standing Letter)(Chetta, Rosario) |
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Filing 14
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 12/3/2024 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 order(s), a Scheduling Order will be prepared and filed by the court. Signed by Hon. Leslie G. Foschio on 10/31/2024. (SDW)
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| Filing 13 NOTICE of Appearance by John S. Favate on behalf of Liberty Mutual Fire Insurance Company (Favate, John) |
| Filing 12 Corporate Disclosure Statement by Liberty Mutual Fire Insurance Company. (Santacrose, Destin) |
| Filing 11 TEXT REFERRAL ORDER - 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), 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 the Court. IT IS SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 10/28/2024.(ZHM) |
| Filing 10 TEXT ORDER granting #8 Motion for Pro Hac Vice Admission of John S. Favate, Esq. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 10/28/2024. (CMD)This was mailed to: John S. Favate, Esq. Clerk to Follow up |
| Filing 9 ANSWER to Complaint (Notice of Removal) by Ace American Insurance Company. (Chetta, Rosario) |
| Filing 8 MOTION to appear pro hac vice ( Filing fee $ 200 receipt number ANYWDC-5314324.) by Liberty Mutual Fire Insurance Company. (Attachments: #1 Attorney Database and Electronic Case Filing Registration Form)(Santacrose, Destin) |
| E-Filing Notification: #7 MOTION to appear pro hac vice. Incorrect event used to electronically file document. Filer should use the (Appear Pro Hac Vice) event to file the motion and the CM/ECF Registration Form. (KM) |
| Filing 7 MOTION to appear pro hac vice by Liberty Mutual Fire Insurance Company. (Attachments: #1 Affidavit Sponsoring Affidavit, #2 Attorney's Oath, #3 Civility Principles and Guidlines Oath)(Santacrose, Destin) |
| Filing 6 NOTICE of Appearance by Destin Ciotoli Santacrose on behalf of Liberty Mutual Fire Insurance Company (Santacrose, Destin) |
| Filing 5 Corporate Disclosure Statement by Ace American Insurance Company identifying Corporate Parent INA Holdings Corporation, Corporate Parent Chubb Limited, Corporate Parent INA Corporation, Corporate Parent INA Financial Corporation, Corporate Parent Chubb INA Holdings LLC, Corporate Parent Chubb Group Holdings Inc. for Ace American Insurance Company.. (Chetta, Rosario) |
| 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 4 NOTICE of Appearance by Maria Althea M. Teves on behalf of Ace American Insurance Company (Teves, Maria Althea) |
| 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 Pursuant to Section 2.1(A) of the Plan for Alternative Dispute Resolution in the United States District Court for the Western District of New York (the ADR Plan), this case is automatically referred to ADR. To access the ADR Plan and for inquiries regarding the Court's ADR Program please review the Court's #ADR webpage and/or contact the Court's ADR Administrator at #adrprogram@nywd.uscourts.gov. Prior to the Local Rule 16 scheduling conference, counsel and unrepresented parties shall review the #ADR Plan and confer with each other regarding ADR for this case. Unless the parties agree to a different intervention, it is presumed they will participate in mediation. The parties shall be prepared to report on the outcome of their ADR discussion at the scheduling conference, as the initial Scheduling Order for this case will establish ADR deadlines in accordance with the ADR Plan. (TMK) |
| Case Assigned to Hon. Lawrence J. Vilardo. Notification to Chambers of on-line civil case opening. (TMK) |
| Filing 3 NOTICE by Ace American Insurance Company re #1 Notice of Removal,, Notice to Plaintiff (Chetta, Rosario) |
| Filing 2 CERTIFICATE OF SERVICE by Ace American Insurance Company re #1 Notice of Removal,, (Chetta, Rosario) |
| Filing 1 NOTICE OF REMOVAL by Ace American Insurance Company from Supreme Court of the State of New York County of Niagara, case number E184512/2024. (Filing fee $ 405 receipt number ANYWDC-5306296), filed by Ace American Insurance Company. (Attachments: #1 Declaration of Christopher P. Hemphill, #2 Exhibit A - Index of Process and Pleadings, #3 Exhibit B - Summons & Complaint, #4 Exhibit C - Affirmation/Affidavit of Service, #5 Civil Cover Sheet, #6 Rule 7.1 Corporate Disclosure Statement)(Chetta, Rosario) |
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