DeMarle v. Videk, Inc.
Plaintiff: Ann DeMarle
Defendant: Videk, Inc.
Case Number: 6:2022cv06426
Filed: October 6, 2022
Court: US District Court for the Western District of New York
Presiding Judge: Elizabeth A Wolford
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. § 1441 Petition for Removal- Insurance Contract
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on November 8, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 8, 2022 Filing 39 TEXT ORDER re #38 Motion to Dismiss. Responses are due on or before December 28, 2022. Upon review of the papers, the Court will determine if oral argument is necessary and, if so, will inform the parties of the date and time. Otherwise, the matter will be deemed submitted and decided on the papers. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 11/08/2022. (CAL)
November 8, 2022 Remark: Clerk mailed a copy of #39 Text Order to Thomas C. Nuovo, Esq. (DMK)
November 7, 2022 Filing 38 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Videk, Inc.. (Attachments: #1 Declaration of Thomas Slechta in Support of Motion to Dismiss, #2 Exhibit A, #3 Motion to Dismiss with Incorporated Memorandum of Law)(Hallak, Elliot)
October 28, 2022 Filing 37 TEXT ORDER granting #36 Motion for Extension of Time. Plaintiff's counsel shall file his motion for admission, along with all required documents, or, in the alternative, find local counsel for Plaintiff, on or before December 7, 2022. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 10/28/2022. (CAL)
October 28, 2022 Remark: Clerk mailed a copy of #37 Text Order to Thomas C. Nuovo, Esq. (DMK)
October 25, 2022 Filing 36 MOTION for Additional Time to Complete Admission Process as to Thomas C. Nuovo by Ann DeMarle. (JHF)
October 20, 2022 Filing 35 NOTICE of Appearance by Ross B. Hofherr on behalf of Videk, Inc. (Hofherr, Ross)
October 19, 2022 Filing 34 NOTICE of Withdrawal of Attorney: Andrew D. Manitsky no longer appearing for Defendant Videk, Inc.. CLERK TO FOLLOW UP. (Hallak, Elliot)
October 18, 2022 Filing 33 NOTICE of Appearance by Elliot Aaron Hallak on behalf of Videk, Inc. (Hallak, Elliot)
October 17, 2022 Filing 32 TEXT ORDER. On or before November 10, 2022, Defendant shall either re-file its motion to dismiss based on failure to state a claim, which was previously denied without prejudice (see Dkt. 30), or otherwise respond to the complaint. Further, on or before November 7, 2022, counsel shall provide to the Court verification of admission and ensure that they have signed up to receive electronic notices, as required by the Local Rules of Civil Procedure. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 10/17/2022. (CAL)
October 17, 2022 Remark: Clerk mailed a copy of #32 Text order to Andrew D. Manitsky, Esq and Thomas C. Nuovo, Esq. (DMK)
October 6, 2022 Filing 31 Case transferred in from District of Vermont; Case Number 2:21-cv-00101.
October 6, 2022 AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution.(CGJ)
October 6, 2022 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. (CGJ)
January 10, 2022 Opinion or Order Filing 30 OPINION AND ORDER denying without prejudice #11 MOTION to Dismiss for Failure to State a Claim and lack of personal jurisdiction and granting #11 MOTION to Change Venue. Case transferred to Western District of New York. Signed by Judge William K. Sessions III on 1/10/2022. (law) [Transferred from vtd on 10/6/2022.]
November 17, 2021 Opinion or Order Filing 29 ORDER granting #28 Joint Motion to Stay Discovery. Signed by Judge William K. Sessions III on 11/17/2021. (This is a text-only Order.) (eae) [Transferred from vtd on 10/6/2022.]
November 16, 2021 Filing 28 JOINT MOTION to Stay Discovery filed by Videk, Inc.. (Attachments: #1 Certificate of Service)(Manitsky, Andrew) [Transferred from vtd on 10/6/2022.]
November 11, 2021 Filing 27 RESPONSE re #26 Stipulated Discovery Letter Sent by Videk, Inc.. (Manitsky, Andrew) [Transferred from vtd on 10/6/2022.]
November 9, 2021 Filing 26 STIPULATED DISCOVERY LETTER SENT re: no stipulated discovery schedule filed; case will be set for a scheduling conference unless stipulated schedule is filed. (law) [Transferred from vtd on 10/6/2022.]
June 25, 2021 Filing 25 NOTICE OF DOCKET ENTRY REMOVAL: Document 24 has been removed from the docket and is now an attachment to #23 Reply Memorandum filed by Videk, Inc. The corrected document is now attached to #23 and this entry. (law) [Transferred from vtd on 10/6/2022.]
June 25, 2021 Filing 24 Entry removed from docket [Transferred from vtd on 10/6/2022.]
June 25, 2021 Filing 23 REPLY re #11 MOTION to Dismiss for Failure to State a Claim and lack of personal jurisdiction, in the alternative MOTION for Change of Venue by Videk, Inc. (Manitsky, Andrew) (Additional attachment(s) added on 6/25/2021: #1 Supplemental Declaration of Thomas Slechta) (law). [Transferred from vtd on 10/6/2022.]
June 11, 2021 Opinion or Order Filing 22 ORDER granting #21 CONSENTED-TO MOTION for Extension of Time to File Response/Reply as to #11 MOTION to Dismiss for Failure to State a Claim and lack of personal jurisdiction, in the alternative MOTION for Change of Venue. Signed by Judge William K. Sessions III on 6/11/2021. (This is a text-only Order.) (eae) [Transferred from vtd on 10/6/2022.]
June 11, 2021 Filing 21 CONSENTED-TO MOTION for Extension of Time to File Response/Reply as to #11 MOTION to Dismiss for Failure to State a Claim and lack of personal jurisdiction, in the alternative MOTION for Change of Venue filed by Videk, Inc.(Manitsky, Andrew) [Transferred from vtd on 10/6/2022.]
June 8, 2021 Filing 20 NOTICE of Case Reassignment pursuant to Local Rule 73(d). Case reassigned to Judge William K. Sessions III. Judge Kevin J. Doyle no longer assigned to the case. (law) [Transferred from vtd on 10/6/2022.]
June 3, 2021 Filing 19 OBJECTION to Direct Assignment by Ann DeMarle (Nuovo, Thomas) [Transferred from vtd on 10/6/2022.]
June 3, 2021 Filing 18 OBJECTION to Direct Assignment by Videk, Inc. (Manitsky, Andrew) [Transferred from vtd on 10/6/2022.]
May 28, 2021 Filing 17 NOTICE OF DOCKET ENTRY CORRECTION re: #16 Response in Opposition to #11 Motion to Dismiss for Failure to State a Claim and lack of personal jurisdiction, in the alternative MOTION for Change of Venue filed by Ann DeMarle. The attachments were not uploaded at the time of filing. They are now attached to #16 and this entry. (Attachments: #1 Exhibit 2, #2 Exhibit 3, #3 Exhibit 4, #4 Affidavit of Ann DeMarle, #5 Certificate of Service) (law) [Transferred from vtd on 10/6/2022.]
May 28, 2021 Filing 16 RESPONSE in Opposition re #11 MOTION to Dismiss for Failure to State a Claim and lack of personal jurisdiction, in the alternative MOTION for Change of Venue filed by Ann DeMarle. (Nuovo, Thomas) (Additional attachment(s) added on 5/28/2021: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Affidavit of Ann DeMarle, #6 Certificate of Service) (law). [Transferred from vtd on 10/6/2022.]
May 24, 2021 Filing 15 STIPULATED DISCOVERY LETTER SENT re: no stipulated discovery schedule filed; case will be set for a scheduling conference unless stipulated schedule is filed. (eh) [Transferred from vtd on 10/6/2022.]
May 24, 2021 Opinion or Order Filing 14 ORDER: On or before June 3, 2021, Plaintiff and Defendant shall return executed their Magistrate Judge Assignment Forms. Signed by Judge Kevin J. Doyle on 5/24/2021. (eh) [Transferred from vtd on 10/6/2022.]
May 21, 2021 Opinion or Order Filing 13 ORDER granting #12 Motion for Extension of Time to File Response/Reply re #11 MOTION to Dismiss for Failure to State a Claim and lack of personal jurisdiction, in the alternative MOTION for Change of Venue. Signed by Judge Kevin J. Doyle on 5/21/2021. (This is a text-only Order.) (eh) [Transferred from vtd on 10/6/2022.]
May 20, 2021 Filing 12 MOTION for Extension of Time to File Response/Reply as to #11 MOTION to Dismiss for Failure to State a Claim and lack of personal jurisdiction, in the alternative MOTION for Change of Venue filed by Ann DeMarle. (Attachments: #1 Certificate of Service)(Nuovo, Thomas) [Transferred from vtd on 10/6/2022.]
April 21, 2021 Filing 11 MOTION to Dismiss for Failure to State a Claim and lack of personal jurisdiction, in the alternative MOTION for Change of Venue filed by Videk, Inc.. (Attachments: #1 Declaration of Thomas Slechta)(Manitsky, Andrew). Added MOTION to Change Venue on 1/10/2022 (law). [Transferred from vtd on 10/6/2022.]
April 12, 2021 Filing 10 NOTICE of Filing #1 Notice of Removal, by Videk, Inc. (originally filed 3/31/2021 in state court) (Attachments: #1 Certificate of Service) (eh) [Transferred from vtd on 10/6/2022.]
April 12, 2021 Filing 9 AFFIDAVIT of Service filed by Ann DeMarle. Videk, Inc. served on 3/11/2021. (originally filed 3/19/2021 in state court) (eh) [Transferred from vtd on 10/6/2022.]
April 12, 2021 Filing 8 LETTER Sent re: Notice of Assignment of Case Number (originally filed 2/10/2021 in state court) (eh) [Transferred from vtd on 10/6/2022.]
April 12, 2021 Filing 7 COMPLAINT against Videk, Inc. filed by Ann DeMarle. (originally filed 2/10/2021 in state court) (eh) [Transferred from vtd on 10/6/2022.]
April 12, 2021 Filing 6 RECEIVED FILE and certified copy of docket sheet from State Court. (eh) [Transferred from vtd on 10/6/2022.]
April 8, 2021 Opinion or Order Filing 5 ORDER granting stipulated #3 MOTION for Extension of Time to Answer. Videk, Inc. answer due 4/21/2021. Signed by Judge Kevin J. Doyle on 4/8/2021. (This is a text-only Order.) (hbc) [Transferred from vtd on 10/6/2022.]
April 7, 2021 Filing 4 CORPORATE DISCLOSURE STATEMENT pursuant to Local Rule 7.1(a) by Videk, Inc. (Manitsky, Andrew) [Transferred from vtd on 10/6/2022.]
April 6, 2021 Filing 3 MOTION for Extension of Time to File Answer filed by Videk, Inc..(Manitsky, Andrew) [Transferred from vtd on 10/6/2022.]
March 31, 2021 Filing 2 LETTER to Vermont Superior Court, Civil Division, Chittenden Unit requesting original case file and certified docket sheet. (eh) [Transferred from vtd on 10/6/2022.]
March 31, 2021 Filing 1 NOTICE OF REMOVAL by Videk, Inc. from Vermont Superior Court, Chittenden Unit, Civil Division, case number 21-CV-00236. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Certificate of Service, #6 Civil Cover Sheet) (eh) [Transferred from vtd on 10/6/2022.]
March 31, 2021 ISSUED Local Rule 73 Forms. (eh) [Transferred from vtd on 10/6/2022.]

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Plaintiff: Ann DeMarle
Represented By: Thomas C. Nuovo, Esq.
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Defendant: Videk, Inc.
Represented By: Andrew D. Manitsky, Esq.
Represented By: Elliot Aaron Hallak
Represented By: Ross B. Hofherr
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