Firemen's Insurance Company of Washington, D.C. v. ACE American Insurance Company et al
| Firemen's Insurance Company of Washington, D.C. |
| Ace American Insurance Company, Aerotek, Inc. and Thomas J. Story |
| MP Masonry Inc. |
| 6:2019cv06513 |
| July 9, 2019 |
| US District Court for the Western District of New York |
| Rochester Office |
| Jonathan W Feldman |
| Frank P Geraci |
| Insurance |
| 28 U.S.C. § 2201 |
| Both |
Docket Report
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| Filing 54 FINAL SCHEDULING/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.) Mandatory Disclosures due by 9/18/2019. Motions to Join Parties/Amend Pleadings due by 10/18/2019. Discovery completed by 12/18/2019. Dispositive Motions due by 1/20/2020. Signed by Hon. Jonathan W. Feldman on 8/28/19. (SR) |
| Filing 53 Minute Entry for proceedings held before Hon. Jonathan W. Feldman: Appearances: Brian R. Biggie, Esq., for plaintiff, in person; Brian P. McDonough, Esq., for plaintiff, telephonically; Marianne May, Esq., for Ace American, telephonically; Linda H. Joseph, Esq., for defendant Thomas Story and Aerotek, in person; William E Corum, Esq., for Thomas Story and Aerotek, in person; Elizabeth Ognenovski, Esq, for Wegmans, in person. Scheduling Conference held on 8/28/2019. A scheduling order will be issued. (SR) |
| Filing 52 TEXT ORDER granting defense counsel's request for Marianne May, Esq. and Brian P. McDonough, Esq. to participate in the Scheduling Conference on 8/28/2019 by telephone. The call-in instructions are as follows: Dial 703-724-3100, when prompted for the "Number you with dial" enter 4100019#, and when prompted for the "Security Pin" enter 9999#. Signed by Hon. Jonathan W. Feldman on 08/21/2019. (LMD) |
| Filing 51 DISCOVERY PLAN by Firemen's Insurance Company of Washington, D.C..(Biggie, Brian) |
| Filing 50 ANSWER to #1 Complaint, by Thomas J. Story.(Joseph, Linda) |
| Filing 49 ANSWER to #1 Complaint, , CROSSCLAIM against MP Masonry Inc. by Aerotek, Inc..(Joseph, Linda) |
| Filing 48 NOTICE of Appearance by Brian R. Biggie on behalf of Firemen's Insurance Company of Washington, D.C. (Biggie, Brian) |
| Pursuant to the parties' letter request dated July 19, 2019, the scheduling conference is re-set for 8/28/2019 at 10:30 AM before Hon. Jonathan W. Feldman. Signed by Hon. Jonathan W. Feldman on 7/19/19. (SR) |
| Filing 47 NOTICE of Appearance by Linda H. Joseph on behalf of Aerotek, Inc., Thomas J. Story (Joseph, Linda) |
| Filing 46 NOTICE of Appearance by Janice M. Iati on behalf of Wegmans Food Markets Inc. (Iati, Janice) |
Filing 45
ORDER: Scheduling Conference set for 8/14/2019 at 11:00 AM before Hon. Jonathan W. Feldman. A joint proposed discovery plan is due to be filed with the Court at least 4 business days in advance of the conference. Signed by Hon. Jonathan W. Feldman on 7/11/19. (SR)
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| Filing 44 Remark: A copy of the 43 Text Order of Referral was mailed to Brian P. McDonough, Grace V. Bacon Garcia, Jennifer C. Sheehan, Kathleen A. Federico, Lauren K. Camire, Richard J. Shea, and Stephen T. Armato (AFM) |
| Filing 43 TEXT ORDER REFERRING CASE to Hon. Jonathan W. Feldman, United States Magistrate Judge, for all pretrial matters excluding dispositive motions. The parties are encouraged to consider consenting to Magistrate Judge jurisdiction pursuant to 28 U.S.C. 636(c). Consent forms are available from the Magistrate Judge's chambers or the Clerk of Court's office. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 7/10/2019. (AFM) |
| Filing 42 Case transferred in from District of Massachusetts; Case Number 1:19-cv-10129. |
| Filing 41 Case transferred to the Western District of New York. Electronic file sent to Clerk in that district. (Vieira, Leonardo) [Transferred from mad on 7/9/2019.] |
| Filing 40 Judge Nathaniel M. Gorton: ORDER entered. MEMORANDUM AND ORDER: For the foregoing reasons, the motion of Aerotek and Story to dismiss the complaint for failure to state a claim or, in the alternative, to transfer venue to the United States District Court for the Western District of New York (Docket No. #11 ) is1) with respect to the motion to transfer venue to the Western District of New York, ALLOWED, and2) with respect to the motion to dismiss, DENIED as moot.So ordered. (Vieira, Leonardo) [Transferred from mad on 7/9/2019.] |
| Filing 39 Notice of assignment to ADR Provider. Judge Donald L. Cabell appointed.(Garvin, Brendan) [Transferred from mad on 7/9/2019.] |
| Filing 38 REPLY to Response to #11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Or, In The Alternative, To Transfer Venue filed by Aerotek, Inc.. (Armato, Stephen) [Transferred from mad on 7/9/2019.] |
| Filing 37 Judge Nathaniel M. Gorton: ORDER entered. ORDER REFERRING CASE to Alternative Dispute Resolution for Mediation: December, 2019.(Lima, Christine) [Transferred from mad on 7/9/2019.] |
| Filing 35 CERTIFICATION pursuant to Local Rule 16.1 . (McDonough, Brian) [Transferred from mad on 7/9/2019.] |
| Filing 36 Electronic Clerk's Notes for proceedings held before Judge Nathaniel M. Gorton: Scheduling Conference held on 6/14/2019,. Court hears arguments on #11 Motion to Dismiss, or in the Alternative to Transfer. Reply memorandum, not to exceed 5 pages, to be filed by close of business on 6/18/19. Automatic discovery to be completed by 7/15/19; Amendments and/or Supplements to the Pleadings due by 8/15/2019; written Discovery to be served by 9/30/19 and answered by 10/31/2019; fact depositions to be completed by 11/15/19; dispositive Motions due by 12/16/2019, oppositions by 1/16/20, replies, not to exceed 10 pages, to be filed by 1/31/20. Final Pretrial Conference set for 4/29/2020 03:00 PM in Courtroom 4 before Judge Nathaniel M. Gorton. Jury Trial set for 5/4/2020 09:00 AM in Courtroom 4 before Judge Nathaniel M. Gorton. Case to be referred to Mediation program: December, 2019. (Court Reporter: Debra Lajoie at lajoiedebra@gmail.com.)(Attorneys present: McDonough, Sheehan, Corum, Armato, Garcia) (Lima, Christine) [Transferred from mad on 7/9/2019.] |
| Filing 34 CERTIFICATION pursuant to Local Rule 16.1 of Defendant Aerotek, Inc. (Armato, Stephen) [Transferred from mad on 7/9/2019.] |
| Filing 33 CORPORATE DISCLOSURE STATEMENT by Aerotek, Inc.. (Armato, Stephen) [Transferred from mad on 7/9/2019.] |
| Filing 32 CORPORATE DISCLOSURE STATEMENT by Wegmans Food Markets, Inc.. (Garcia, Grace) [Transferred from mad on 7/9/2019.] |
| Filing 31 JOINT STATEMENT of counsel Pursuant to Local Rule 16.1(d). (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(McDonough, Brian) [Transferred from mad on 7/9/2019.] |
| Filing 30 CORPORATE DISCLOSURE STATEMENT by Firemen's Insurance Company of Washington, D.C. identifying Corporate Parent Berkley Insurance Company, Corporate Parent Signet Star Holdings, Inc., Corporate Parent Firemen's Insurance Company of Washington, D.C., Corporate Parent Berkley Regional Insurance Company, Corporate Parent W.R. Berkley Corporation for Firemen's Insurance Company of Washington, D.C., Firemen's Insurance Company of Washington, D.C... (McDonough, Brian) [Transferred from mad on 7/9/2019.] |
| Filing 29 STIPULATION to Correct Caption and Identify True Name of Parties by ACE Insurance Company. (Sheehan, Jennifer) [Transferred from mad on 7/9/2019.] |
| Filing 28 NOTICE of Appearance by Lauren K. Camire on behalf of Aerotek, Inc., Thomas J. Story (Camire, Lauren) [Transferred from mad on 7/9/2019.] |
| Filing 27 Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered granting #26 Motion to Continue Scheduling Conference set for 6/14/2019 03:00 PM in Courtroom 4 before Judge Nathaniel M. Gorton. (Lima, Christine) [Transferred from mad on 7/9/2019.] |
| Filing 26 MOTION to Continue Scheduling Conference to June 4, 2019 or June 14, 2019 by ACE Insurance Company, Aerotek, Inc., Thomas J. Story, Wegmans Food Markets, Inc..(Armato, Stephen) [Transferred from mad on 7/9/2019.] |
| Filing 25 Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered ALLOWING #24 Motion for Leave to Appear Pro Hac Vice Added William E. Corum. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Vieira, Leonardo) [Transferred from mad on 7/9/2019.] |
| Filing 24 MOTION for Leave to Appear Pro Hac Vice for admission of William E. Corum Filing fee: $ 100, receipt number 0101-7667475 by Aerotek, Inc., Thomas J. Story. (Attachments: #1 Affidavit Affidavit of William E. Corum in Support of Defendants Aerotek, Inc. and Thomas J. Story's Motion for Admission Pro Hac Vice.)(Armato, Stephen) [Transferred from mad on 7/9/2019.] |
| Filing 23 ANSWER to Counterclaim by Firemen's Insurance Company of Washington, D.C..(McDonough, Brian) [Transferred from mad on 7/9/2019.] |
| Filing 22 NOTICE of Appearance by Grace V. Bacon Garcia on behalf of Wegmans Food Markets, Inc. (Garcia, Grace) [Transferred from mad on 7/9/2019.] |
| Filing 21 ELECTRONIC NOTICE issued requesting courtesy copy for #11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Or, In The Alternative, To Transfer Venue. Counsel who filed this document are requested to submit a courtesy copy of it to the Clerk's Office. These documents must be clearly marked as a Courtesy Copy and reflect the document number assigned by CM/ECF. (Lima, Christine) [Transferred from mad on 7/9/2019.] |
| Filing 20 Opposition re #11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Or, In The Alternative, To Transfer Venue filed by Firemen's Insurance Company of Washington, D.C.. (McDonough, Brian) [Transferred from mad on 7/9/2019.] |
| Filing 19 NOTICE of Scheduling Conference Scheduling Conference set for 5/17/2019 03:00 PM in Courtroom 4 before Judge Nathaniel M. Gorton. COUNSEL SHOULD BE PREPARED TO ARGUE ALL PENDING MOTIONS. (Lima, Christine) [Transferred from mad on 7/9/2019.] |
| Filing 18 ANSWER to Complaint with Jury Demand by Wegmans Food Markets, Inc..(Federico, Kathleen) [Transferred from mad on 7/9/2019.] |
| Filing 17 Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered ALLOWING #16 Assented to MOTION for Extension of Time to April 18, 2019 to File Opposition. (Vieira, Leonardo) [Transferred from mad on 7/9/2019.] |
| Filing 16 Assented to MOTION for Extension of Time to April 18, 2019 to File Opposition by Firemen's Insurance Company of Washington, D.C..(McDonough, Brian) [Transferred from mad on 7/9/2019.] |
| Filing 15 CORPORATE DISCLOSURE STATEMENT by ACE Insurance Company identifying Corporate Parent Chubb Limited for ACE Insurance Company.. (Shea, Richard) [Transferred from mad on 7/9/2019.] |
| Filing 14 ANSWER to #1 Complaint, , COUNTERCLAIM against Firemen's Insurance Company of Washington, D.C. by ACE Insurance Company. (Attachments: #1 Exhibit Exhibit A - Agreement, #2 Exhibit Exhibit B - ACE Policy, #3 Exhibit Exhibit C - MSJ Decision)(Shea, Richard) [Transferred from mad on 7/9/2019.] |
| Filing 13 NOTICE of Appearance by Richard J. Shea on behalf of ACE Insurance Company (Shea, Richard) [Transferred from mad on 7/9/2019.] |
| Filing 12 NOTICE of Appearance by Jennifer C. Sheehan on behalf of ACE Insurance Company (Sheehan, Jennifer) [Transferred from mad on 7/9/2019.] |
| Filing 11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Or, In The Alternative, To Transfer Venue by Aerotek, Inc., Thomas J. Story.(Armato, Stephen) [Transferred from mad on 7/9/2019.] |
| Filing 10 SUMMONS Returned Executed Wegmans Food Markets, Inc. served on 2/19/2019, answer due 3/12/2019. (McDonough, Brian) [Transferred from mad on 7/9/2019.] |
| Filing 9 SUMMONS Returned Executed Thomas J. Story served on 2/15/2019, answer due 3/8/2019. (McDonough, Brian) [Transferred from mad on 7/9/2019.] |
| Filing 8 SUMMONS Returned Executed MP Masonry Inc. served on 2/12/2019, answer due 3/5/2019. (McDonough, Brian) [Transferred from mad on 7/9/2019.] |
| Filing 7 SUMMONS Returned Executed Laura Holguin served on 2/14/2019, answer due 3/7/2019. (McDonough, Brian) [Transferred from mad on 7/9/2019.] |
| Filing 6 SUMMONS Returned Executed Joseph F. Holguin served on 2/14/2019, answer due 3/7/2019. (McDonough, Brian) [Transferred from mad on 7/9/2019.] |
| Filing 5 SUMMONS Returned Executed Aerotek, Inc. served on 2/19/2019, answer due 3/12/2019. (McDonough, Brian) [Transferred from mad on 7/9/2019.] |
| Filing 4 SUMMONS Returned Executed ACE Insurance Company served on 2/12/2019, answer due 3/5/2019. (McDonough, Brian) [Transferred from mad on 7/9/2019.] |
| Filing 3 Summons Issued as to ACE Insurance Company, Aerotek, Inc., Thomas J. Story. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (DeMaria, Timothy) [Transferred from mad on 7/9/2019.] |
| Filing 2 ELECTRONIC NOTICE of Case Assignment. Judge Nathaniel M. Gorton assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge M. Page Kelley. (Danieli, Chris) [Transferred from mad on 7/9/2019.] |
| Filing 1 COMPLAINT against Aerotek, Inc., Thomas J. Story, ACE Insurance Company Filing fee: $ 400, receipt number 0101-7500863 (Fee Status: Filing Fee paid), filed by Firemen's Insurance Company of Washington, D.C.. (Attachments: #1 Civil Cover Sheet, #2 Category From)(McDonough, Brian) (Attachments 1 and 2 replaced on 1/18/2019 due to fillable format) (DeMaria, Timothy). [Transferred from mad on 7/9/2019.] |
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