Rochester Drug Co-Operative, Inc. v. Hiscox Insurance Company, Inc.
| Rochester Drug Co-Operative, Inc. |
| Hiscox Insurance Company, Inc. |
| 6:2020cv06025 |
| January 10, 2020 |
| US District Court for the Western District of New York |
| Elizabeth A Wolford |
| Insurance |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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This docket was last retrieved on February 22, 2021. A more recent docket listing may be available from PACER.
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| Filing 48 REPLY to Response to Motion re #21 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Hiscox Insurance Company, Inc.. (Sheiffer, David) |
| Filing 47 MOTION to Seal by Rochester Drug Co-Operative, Inc.. (Attachments: #1 Memorandum in Support, #2 Text of Proposed Order)(Mendolera, Lauren) |
| Filing 46 TEXT ORDER. In the #45 Memorandum in Opposition, Plaintiff redacted certain information without complying with the requirements of Local Rule of Civil Procedure 5.3 and the provisions of the Administrative Procedures Guide referenced thereinPlaintiff has not filed a motion to seal or an affidavit or memorandum of law explaining why it wishes to seal the redacted information, nor do the proposed redactions appear to be narrowly tailored to protect from release sensitive financial information or attorney work product related to Plaintiff's underlying state court litigation as was previously permitted by the Court for the filings related to Plaintiff's #11 Motion for Preliminary Injunction. (See Dkt. 12; Dkt. 18; Dkt. 25; Dkt. 31).Accordingly, on or before March 2, 2020, Plaintiff must submit either a motion to seal that comports with the requirements of Local Rule of Civil Procedure 5.3 and the Administrative Procedures Guide, or re-file the #45 Memorandum in Opposition without the proposed redactions. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 2/28/2020. (KAC) |
| Filing 45 MEMORANDUM in Opposition re #21 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Rochester Drug Co-Operative, Inc. (Attachments: #1 Text of Proposed Order) (Mendolera, Lauren) |
Filing 44
ORDER granting #11 Motion for Preliminary Injunction. Signed by Hon. Elizabeth A. Wolford on 2/25/2020. (DPS)
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| Filing 43 Sealed Document: Unredacted Dkt. #38-4, Houck Declaration. (JHF) |
| Filing 42 Sealed Document: Unredacted Dkt. #38-3, Kinney Declaration. (JHF) |
| Filing 41 Sealed Document: Unredacted Dkt. #38-2, Shaiman Declaration. (JHF) |
| Filing 40 Sealed Document: Unredacted Dkt. #38-1, Tomovic Declaration. (JHF) |
| Filing 39 Sealed Document: Unredacted Dkt. #38, Memorandum in Support. (JHF) |
| Filing 38 MEMORANDUM in Support re #11 MOTION for Preliminary Injunction filed by Rochester Drug Co-Operative, Inc. (Attachments: #1 Declaration, #2 Declaration, #3 Declaration, #4 Declaration) (Mendolera, Lauren) |
| Filing 37 Letter filed by Rochester Drug Co-Operative, Inc. as to Hiscox Insurance Company, Inc. Request for Extension. (Mendolera, Lauren) |
| E-Filing Notification: Clerk revised docket text of #35 to "SUPPLEMENTAL BRIEFING in Opposition" to clarify the filing event. (JHF) |
| Filing 36 TEXT ORDER. The Court is in receipt of Plaintiff's letter request for an extension of time within which to file the supplemental briefing ordered by the Court at the oral argument on February 14, 2020. Opposing counsel has consented to this request, but also represents that he reserves the right to request from the Court an opportunity to reply to Plaintiff's submission. The Court grants Plaintiff's request, and in the event Plaintiff does not file a motion to withdraw the pending #11 Motion for a Preliminary Injunction, Plaintiff's supplemental brief is due on or before February 20, 2020. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 2/19/2020. (KAC) |
| Filing 35 SUPPLEMENTAL BRIEFING in Opposition re #11 MOTION for Preliminary Injunction filed by Hiscox Insurance Company, Inc. by Hiscox Insurance Company, Inc. (Sheiffer, David) Modified on 2/20/2020 (JHF). |
| Filing 33 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings (ORAL ARGUMENT) held on 2/14/20, before Judge Elizabeth A. Wolford. Court Reporter/Transcriber Karen J. Bush, Contact Info 585-613-4312. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 3/10/2020. Redacted Transcript Deadline set for 3/20/2020. Release of Transcript Restriction set for 5/18/2020. (JHF) |
| Filing 34 Minute Entry for proceedings held before Hon. Elizabeth A. Wolford: Appearances: Lauren R. Mendolera, Esq. on behalf of plaintiff; David S. Sheiffer, Esq. on behalf of defendant. Oral Argument regarding #11 Motion for Preliminary Injunction held on 2/14/2020. Parties to provide further submissions pursuant to discussion on record by 2/19/2020. Court will reserve decision pending receipt and review of further submissions. (Court Reporter Karen Bush) (DPS) |
| Filing 32 Sealed Document: Unredacted Dkt. #30-1, Memorandum in Support. (JHF) |
| Filing 31 TEXT ORDER granting in part and denying in part #30 Motion to Seal. Less than 24 hours prior to a court proceeding that has been scheduled since January 22, 2020, Plaintiff has filed a motion to seal the courtroom during the oral argument on the #11 Motion for Preliminary Injunction scheduled to take place tomorrow, February 14, 2020. In its motion, Plaintiff improperly cites cases pertinent to motions to seal documents. (See Dkt. 30-1 at 2). Those cases are not on point and ignore the robust case law applicable to courtroom closure. When a party moves for courtroom closure, the right of public access is more heavily implicated, and "vindication of that right requires some meaningful opportunity for protest by persons other than the initial litigants." Application of The Herald Co., 734 F.2d 93, 102 (2d Cir. 1984). Plaintiff's motion fails to acknowledge or satisfy the heightened standard applicable to courtroom closure, nor does Plaintiff's motion provide adequate notice to the public prior to any courtroom closure. As a result, the motion is hereby denied with regards to sealing the courtroom.Review of Plaintiff's proposed redactions to the memorandum of law in support of the instant motion to seal demonstrates that they are narrowly tailored to protect from release sensitive financial information and attorney work product related to Plaintiff's underlying state court litigation. Accordingly, the Court finds that Plaintiff's privacy interests and the work-product doctrine outweigh the presumption of public access and grants Plaintiff's motion to seal as to its memorandum of law. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 2/13/2020. (KAC) |
| Filing 30 MOTION to Seal by Rochester Drug Co-Operative, Inc. (Attachments: #1 Memorandum in Support, #2 Text of Proposed Order) (Mendolera, Lauren) |
| Filing 29 Sealed Document: Unredacted Dkt. #24-5, Kinney Declaration. (JHF) |
| Filing 28 Sealed Document: Unredacted Memorandum of Law in Support of Motion to Seal. (JHF) |
| Filing 27 Sealed Document: Unredacted Memorandum of Law in Further Support of Plaintiff's Motion for Preliminary Injunction. (JHF) |
| Filing 26 Corporate Disclosure Statement by Hiscox Insurance Company, Inc. identifying Corporate Parent Hiscox, Ltd. for Hiscox Insurance Company, Inc. (Sheiffer, David) |
| Filing 25 TEXT ORDER granting #23 Motion to Seal. "[T]he presumption of access [to judicial documents] can be overcome only by specific, on-the-record findings that higher values necessitate a narrowly tailored sealing." Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 126 (2d Cir. 2006). Review of Plaintiff's proposed redactions demonstrates that they are narrowly tailored to protect from release sensitive financial information and attorney work product related to Plaintiff's underlying state court litigation. Accordingly, the Court finds that Plaintiff's privacy interests and the work-product doctrine outweigh the presumption of public access and grants Plaintiff's motion to seal. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 2/10/2020. (KAC) |
| Filing 24 REPLY to Response to Motion re #11 MOTION for Preliminary Injunction filed by Rochester Drug Co-Operative, Inc. (Attachments: #1 Declaration, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Declaration)(Mendolera, Lauren) |
| Filing 23 MOTION to Seal by Rochester Drug Co-Operative, Inc. (Attachments: #1 Memorandum in Support, #2 Text of Proposed Order) (Mendolera, Lauren) |
| Filing 22 TEXT ORDER re #21 Motion to Dismiss. Responses are due on or before 2/27/2020. Replies are due on or before 3/5/2020. Upon receipt of all papers, the Court will determine if oral argument is necessary and, if so, advise the parties of the date and time. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 2/7/2020. (KAC) |
| Filing 21 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Hiscox Insurance Company, Inc. (Attachments: #1 Memorandum in Support of Hiscox Insurance Company, Inc.'s Motion to Dismiss Pursuant to Rule 12(b)(6), #2 Declaration of David S. Sheiffer, Esq., #3 Exhibit 1) (Sheiffer, David) |
| ATTENTION CORPORATION PLAINTIFFS/DEFENDANTS: All Corporate Disclosure Statements pursuant to Fed.R.Civ.7.1(b) are to be filed within seven (7) days of this notice. (MD) |
| Filing 20 Sealed Document: Unredacted Dkt. #17-4, Exhibit 3. (JHF) |
| Filing 19 Sealed Document: Unredacted Dkt. #17, Memorandum in Opposition. (JHF) |
| Filing 18 TEXT ORDER. Defendant filed its opposition on February 3, 2020, and the Memorandum in Opposition (Dkt. 17) and attached Exhibit 3 (Dkt. 17-4) contained proposed redactions, although no motion to seal was filed. Defendant provided the Court with the unredacted documents, and review of those documents demonstrates that the proposed redactions comply with the Court's January 22, 2020 Order (Dkt. 5), and January 27, 2020 Text Order (Dkt. 12). The Court accepts the redactions as submitted, and the unredacted documents will be filed on the docket under seal. However, in the future, the parties should submit a motion to seal when documents with proposed redactions are submitted for the Court's consideration. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 2/4/2020. (KAC) |
| Filing 17 MEMORANDUM in Opposition re #11 MOTION for Preliminary Injunction filed by Hiscox Insurance Company, Inc. (Attachments: #1 Declaration of David S. Sheiffer, Esq., #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10) (Sheiffer, David) |
| Filing 16 TEXT ORDER re #11 Motion for Preliminary Injunction. The oral argument on the #11 Motion for Preliminary Injunction originally scheduled for 2/14/2020 at 4:00 p.m. is hereby rescheduled for 2/14/2020 at 11:00 a.m. before the undersigned at the United States Courthouse, 100 State Street, Rochester, New York 14614. Please note this is a time change only. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 2/3/2020. (KAC) |
| Filing 15 Sealed Document in re Unredacted Documents from Motion for Preliminary Injunction: Tomovic Declaration, (Attachments: #1 Shaiman Declaration, #2 Kinney Declaration, #3 Memorandum in Support) (JHF) |
| Filing 14 Sealed Document: Unredacted Mendolera Declaration with Exhibits A-C in re Motion to Expedite. (JHF) |
| Filing 13 Sealed Document: Unredacted Memorandum of Law in Support of Motion to Seal. (JHF) |
| Filing 12 TEXT ORDER granting #9 Motion to Seal. "[T]he presumption of access [to judicial documents] can be overcome only by specific, on-the-record findings that higher values necessitate a narrowly tailored sealing." Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 126 (2d Cir. 2006). Review of Plaintiff's proposed redactions demonstrates that they are narrowly tailored to protect from release sensitive financial information and attorney work product related to Plaintiff's underlying state court litigation. Accordingly, the Court finds that Plaintiff's privacy interests and the work-product doctrine outweigh the presumption of public access and grants Plaintiff's motion to seal.The Court notes that the #10 Motion to Expedite was previously granted in part and denied in part by the Court's #5 Order of January 22, 2020.Further, the Court understands that Plaintiff has arranged to serve on opposing counsel unredacted versions of the #9 Motion to Seal, #10 Motion to Expedite, and #11 Motion for Preliminary Injunction. Plaintiff is directed to electronically provide the Court with unredacted versions of these filings so that the unredacted motions can be filed on the docket under seal. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 1/27/2020. (KAC) |
| Filing 11 MOTION for Preliminary Injunction by Rochester Drug Co-Operative, Inc. (Attachments: #1 Declaration, #2 Declaration, #3 Declaration, #4 Memorandum in Support, #5 Supplement, #6 Supplement, #7 Text of Proposed Order) (Mendolera, Lauren) |
| Filing 10 MOTION to Expedite by Rochester Drug Co-Operative, Inc. (Attachments: #1 Declaration, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Text of Proposed Order) (Mendolera, Lauren) |
| Filing 9 MOTION to Seal by Rochester Drug Co-Operative, Inc. (Attachments: #1 Declaration, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Text of Proposed Order) (Mendolera, Lauren) |
| Filing 8 NOTICE of Appearance by David S. Sheiffer on behalf of Hiscox Insurance Company, Inc. (Sheiffer, David) |
| Filing 7 AFFIDAVIT of Service for Order dated 01/22/2020 served on Christopher Parady and James Stankowski on 01/22/2020, filed by Rochester Drug Co-Operative, Inc. (Mendolera, Lauren) |
| Filing 6 AFFIDAVIT of Service for Summons and Complaint served on Michael Baker on 01/16/2020, filed by Rochester Drug Co-Operative, Inc. (Mendolera, Lauren) |
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Filing 5
ORDER granting in part and denying in part Motion to Expedite; denying #4 Motion to Seal. 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. Responses to the Motion for Preliminary Injunction are due on or before 2/3/2020. Replies are due on or before 2/7/2020. Oral Argument on the Motion for Preliminary Injunction is scheduled before the undersigned for 2/14/2020 at 4:00 p.m. at the United States Courthouse, 100 State Street, Rochester, New York 14614. Signed by Hon. Elizabeth A. Wolford on 1/22/2020. (KAC)
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| Filing 4 MOTION to Seal by Rochester Drug Co-Operative, Inc. (Mendolera, Lauren) |
| Filing 3 Summons Issued as to Hiscox Insurance Company, Inc. (JHF) |
| Case assigned to Hon. Elizabeth A. Wolford. Notification to chambers of on-line civil case opening. (JHF) |
| AUTOMATIC REFERRAL to Mediation. The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution (JHF) |
| 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. (JHF) |
| Filing 2 Corporate Disclosure Statement by Rochester Drug Co-Operative, Inc. (Mendolera, Lauren) |
| Filing 1 COMPLAINT against Hiscox Insurance Company, Inc. $400 receipt number 0209-3703780, filed by Rochester Drug Co-Operative, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Civil Cover Sheet Paid Receipt No. 0209-3703726, #6 Summons) (Mendolera, Lauren) |
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