DeAngelo Vehicle Sales, LLC v. Certain Underwriters At Lloyd's London
| DeAngelo Vehicle Sales, LLC |
| CERTAIN UNDERWRITERS AT LLOYD'S LONDON |
| 2:2019cv00246 |
| January 17, 2019 |
| US District Court for the Eastern District of Pennsylvania |
| CHAD F KENNEY |
| Contract: Recovery/Enforcement |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 14, 2019. A more recent docket listing may be available from PACER.
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Filing 42
ORDER: THAT THE ON THE RECORD INITIAL PRETRIAL CONFERENCE (RULE 16) IS NOW RESCHEDULED FOR TUESDAY, APRIL 23, 2019AT10:00 A.M. BEFORE THE HON. CHAD F. KENNEY, IN COURTROOM 6A. SIGNED BY HONORABLE CHAD F. KENNEY ON 3/14/2019. 3/14/2019 ENTERED AND COPIES E-MAILED. (sme, )
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Filing 41
ORDER THAT AN ON THE RECORD INITIAL PRETRIAL CONFERENCE IS SCHEDULED FOR 4/18/19 AT 9:00 AM IN COURTROOM 6A. SIGNED BY HONORABLE CHAD F. KENNEY ON 3/12/19. 3/13/19 ENTERED AND COPIES E-MAILED.(mbh, )
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| Filing 40 ANSWER to #37 Amended Complaint with Affirmative Defenses by CERTAIN UNDERWRITERS AT LLOYD'S LONDON. (Attachments: #1 Certificate of Service)(SCHWENKER, PETER) |
| Filing 39 RULE 55 LETTER: A REVIEW OF THE COURT'S RECORDS SHOWS THAT A PLEADING HAS NOT BEEN FILED IN THE ABOVE-CAPTIONED ACTION IN RESPONSE TO THE FIRST AMENDED COMPLAINT (ECF NO. 37). IF SUCH A PLEADING IS NOT FILED BY THE ABOVE-NAMED DEFENDANT(S) ON OR BEFORE APRIL 1, 2019, YOU MAY FILE A REQUEST WITH THE CLERK FOR ENTRY OF DEFAULT IN ACCORDANCE WITH RULE 55 OF THE FEDERAL RULES OF CIVIL PROCEDURE. IF THE REQUEST FOR DEFAULT IS NOT FILED BY APRIL 8, 2019, THE COURT MAY ENTER AN ORDER DISMISSING THE CASE AGAINST THE ABOVE-NAMED DEFENDANT(S) FOR LACK OF PROSECUTION. COPIES EMAILED AND MAILED. (sme, ) |
| Filing 38 NOTICE: THE ON THE RECORD INITIAL PRETRIAL CONFERENCE (RULE 16) IS SCHEDULED FOR WEDNESDAY, MARCH 27, 2019 AT 9:00 A.M. BEFORE THE HON. CHAD F. KENNEY, IN COURTROOM 6A, 601 MARKET STREET, PHILADELPHIA, PA 19106 IS CANCELLED. COPIES EMAILED AND MAILED. (sme, ) |
| Filing 37 First Amended Complaint against CERTAIN UNDERWRITERS AT LLOYD'S LONDON filed by DEANGELO VEHICLE SALES, LLC.(mbh, ) |
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Filing 36
ORDER THAT PLAINTIFF'S MOTION FOR LEAVE TO FILE FIRST AMENDED COMPLAINT IS GRANTED. PLAINTIFF IS GRANTED LEAVE TO FILE A FIRST AMENDED COMPLAINT IN THE FORM ATTACHED TO PLAINTIFF'S MOTION AS EXHIBIT "A" WITHIN 5 DAYS OF THE SERVICE OF THIS ORDER. THE AMENDMENTS CONTAINED IN THE FIRST AMENDED COMPLAINT ARE DEEMED TO RELATE BACK TO THE DATE OF THE FILING OF THE ORIGINAL COMPLAINT. SIGNED BY HONORABLE CHAD F. KENNEY ON 2/15/19. 2/19/19 ENTERED AND COPIES MAILED AND E-MAILED.(mbh, )
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| Filing 35 MOTION for Leave to File First Amended Complaint filed by DeAngelo Vehicle Sales, LLC.Memorandum and Certificate of Service. (Attachments: #1 Exhibit A, #2 Certificate of Service, #3 Text of Proposed Order)(RAYZ, ARKADY) |
| Filing 34 Report Of Rule 26(f) Meeting by CERTAIN UNDERWRITERS AT LLOYD'S LONDON. (SCHWENKER, PETER) |
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Filing 33
ORDER THAT AN ON THE RECORD INITIAL PRETRIAL CONFERENCE (RULE 16) IS SCHEDULED FOR 3/27/19 AT 9:00 AM IN COURTROOM 6A. SIGNED BY HONORABLE CHAD F. KENNEY ON 2/1/19. 2/4/19 ENTERED AND COPIES MAILED E-MAILED AND FAXED.(mbh, )
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Filing 32
ORDER THAT THE APPLICATION OF DARREN ADAM HEITNER, ESQUIRE TO PRACTICE IN THIS COURT PURSUANT TO LOCAL RULE OF CIVIL PROCEDURE 83.5.2(b) IS GRANTED. SIGNED BY HONORABLE CHAD F. KENNEY ON 2/1/19. 2/4/19 ENTERED AND COPIES MAILED AND E-MAILED. (ECF APPLICATION MAILED TO ATTORNEY)(mbh, )
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| Filing 31 MOTION for Pro Hac Vice Admission of Darren Adam Heitner ( Filing fee $ 40 receipt number 0313-13324919.) filed by DeAngelo Vehicle Sales, LLC.Certificate of Service.(RAYZ, ARKADY) |
| Filing 30 ANSWER to #1 Complaint, by CERTAIN UNDERWRITERS AT LLOYD'S LONDON.(SCHWENKER, PETER) |
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Filing 29
ORDER THAT THE REQUIREMENTS FOR FILING PRO HAC VICE AS TO MR. ROSS, IN THIS COURT & IN THIS CASE ONLY, ARE HEREBY WAIVED & THAT THE MOTION (DOC. NO. 19) IS GRANTED. SIGNED BY HONORABLE CHAD F. KENNEY ON 1/31/19.2/1/19 ENTERED AND COPIES MAILED, E-MAILED AND FAXED. (ECF FORM MAILED TO COUNSEL ON 2/1/19) (kw, )
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| Filing 28 LETTER ADDRESSED TO TANYA I. SUAREZ, ESQ., BY MAIL: PURSUANT TO LOCAL RULE OF CIVIL PROCEDURE 83.5.2(B), AN ATTORNEY NOT ADMITTED TO THIS DISTRICT IS REQUIRED TO FILE THEIR ATTORNEY ADMISSIONS APPLICATION (PRO HAC VICE). THE LINK FOR THIS FORM AND INSTRUCTIONS MAY BE FOUND AT: http://www.paed.uscourts.gov/documents2/forms/forms-miscellaneous. (sme, ) |
| Filing 27 LETTER ADDRESSED TO DARREN A. HEITNER, ESQ., BY MAIL: PURSUANT TO LOCAL RULE OF CIVIL PROCEDURE 83.5.2(B), AN ATTORNEY NOT ADMITTED TO THIS DISTRICT IS REQUIRED TO FILE THEIR ATTORNEY ADMISSIONS APPLICATION (PRO HAC VICE). THE LINK FOR THIS FORM AND INSTRUCTIONS MAY BE FOUND AT: http://www.paed.uscourts.gov/documents2/forms/forms-miscellaneous. (sme, ) |
| Filing 26 NOTICE of Appearance by ARKADY ERIC RAYZ on behalf of DeAngelo Vehicle Sales, LLC with Certificate of Service(RAYZ, ARKADY) |
| Filing 25 MEMORANDUM AND/OR OPINION. SIGNED BY HONORABLE CHAD F. KENNEY ON 1/28/19. 1/28/19 ENTERED AND COPIES MAILED AND E-MAILED.(mbh, ) |
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Filing 24
ORDER THAT DEFENDANT'S MOTION TO DISMISS IS DENIED. DEFENDANTS SHALL FILE AN ANSWER TO PLAINTIFF'S COMPLAINT ON OR BEFORE 2/5/19. SIGNED BY HONORABLE CHAD F. KENNEY ON 1/22/19. 1/22/19 ENTERED AND COPIES MAILED AND E-MAILED.(mbh, ) .
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| Filing 23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by CERTAIN UNDERWRITERS AT LLOYD'S LONDON.Memorandum and Certificate of Service. (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - Dec Page, #3 Exhibit C - Policy, #4 Exhibit D - Saints Contract, #5 Exhibit E - Empirical's Denial Letter, #6 Exhibit F - Peterson's Request for Formal Review dated 9.12.17, #7 Exhibit G - Underwriters Response Letter dated 9.25.17, #8 Exhibit H - Letter agreement between plf and Thrivest, #9 Exhibit I - Entity Details Filing)(SCHWENKER, PETER) |
| Filing 22 Case transferred in from District of Florida Southern; Case Number 0:18-cv-61402. Original file certified copy of transfer order and docket sheet received. |
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Filing 21
ENDORSED ORDER Cancelling Hearing. In light of the #20 Order Transferring Case, the motion hearing previously scheduled for January 23, 2019, has been cancelled. Signed by Judge Marcia G. Cooke on 1/16/2019. (smz) [Transferred from Florida Southern on 1/17/2019.]
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Filing 20
ORDER TRANSFERRING CASE. Case transferred to the District Court for the Eastern District of Pennsylvania. Signed by Judge Marcia G. Cooke on 1/16/2019. See attached document for full details. (smz) [Transferred from Florida Southern on 1/17/2019.]
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| Filing 19 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Mathew P. Ross. Filing Fee $ 75.00 Receipt # 113C-11300555 by Certain Underwriters At Lloyd's London. Responses due by 1/24/2019 (Suarez, Tanya) [Transferred from Florida Southern on 1/17/2019.] |
| Filing 18 Joint SCHEDULING REPORT - Rule 16.1 by DeAngelo Vehicle Sales, LLC (Attachments: #1 Attachment A)(Heitner, Darren) [Transferred from Florida Southern on 1/17/2019.] |
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Filing 17
ENDORSED ORDER Setting Hearing on #8 Motion. Oral argument regarding Defendant's #8 Motion to Dismiss shall be heard on Wednesday, January 23, 2019, at 3:30 PM, at the Wilkie D. Ferguson, Jr. United States District Courthouse, 400 North Miami Avenue, Courtroom 11-2, Miami, Florida 33128, before Judge Marcia G. Cooke. Signed by Judge Marcia G. Cooke on 1/7/2019. (smz) [Transferred from Florida Southern on 1/17/2019.]
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Filing 16
ENDORSED ORDER Denying #15 Motion for Stay. The Parties state that they "have jointly elected and mutually agreed that any further action between them... should be halted until the Court has issued a decision" on Defendant's Motion to Dismiss. The Parties' purported agreement is in contravention of the Court's #6 Order, which required the filing of a Joint Scheduling Report by a fixed date. The Parties' request for a stay is denied. The Parties shall file a Joint Scheduling Report no later than January 11, 2019. All other deadlines and requirements set forth in the Court's #6 Order remain in effect. Signed by Judge Marcia G. Cooke on 1/7/2019. (smz) [Transferred from Florida Southern on 1/17/2019.]
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| Reset Deadlines Per DE#16. Joint Scheduling Report due by 1/11/2019 (cqs) [Transferred from Florida Southern on 1/17/2019.] |
| Filing 15 RESPONSE TO ORDER TO SHOW CAUSE re 14 Order to Show Cause,, by DeAngelo Vehicle Sales, LLC. (Attachments: #1 Exhibit A)(Heitner, Darren) [Transferred from Florida Southern on 1/17/2019.] |
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Filing 14
ENDORSED ORDER TO SHOW CAUSE. This matter is before me on a sua sponte review of the record. Pursuant to my #6 Order, the Parties were required to file a Joint Scheduling Report within 45 days of Defendant's appearance. More than 45 days have passed since Defendant appeared in this matter, but no Joint Scheduling Report has been filed. Accordingly, it is ORDERED and ADJUDGED that the Parties shall file their Joint Scheduling Report on or before January 7, 2019, or show cause why sanctions should not be entered, including but not limited to dismissal of this action for failure to comply with the Court's Order. Signed by Judge Marcia G. Cooke on 12/19/2018. (smz) [Transferred from Florida Southern on 1/17/2019.]
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Filing 13
PAPERLESS ORDER granting #11 #12 Motions to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Pete Schwenker may appear and participate in this action on behalf of Defendant Certain Underwriters at Lloyds London. The Clerk shall provide electronic notification of all electronic filings to Pete Schwenker at Pete.Schwenker@wilsonelser.com. Wendy Testa may also appear and participate in this action on behalf of Defendant Certain Underwriters at Lloyds London. The Clerk shall provide electronic notification of all electronic filings to Wendy Testa at Testa@wilsonelser.com. Signed by Magistrate Judge Patrick M. Hunt on 8/16/2018. (hhr) [Transferred from Florida Southern on 1/17/2019.]
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| Filing 12 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Wendy Testa. Filing Fee $ 75.00 Receipt # 113C-10911092 by Certain Underwriters At Lloyd's London. Responses due by 8/29/2018 (Suarez, Tanya) [Transferred from Florida Southern on 1/17/2019.] |
| Filing 11 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Pete Schwenker. Filing Fee $ 75.00 Receipt # 113C-10911066 by Certain Underwriters At Lloyd's London. Responses due by 8/29/2018 (Suarez, Tanya) [Transferred from Florida Southern on 1/17/2019.] |
| Filing 10 REPLY to #9 Response in Opposition to Motion, by Certain Underwriters At Lloyd's London. (Suarez, Tanya) [Transferred from Florida Southern on 1/17/2019.] |
| Filing 9 RESPONSE in Opposition re #8 Defendant's MOTION to Dismiss #1 Complaint, or in the Alternative, Motion to Transfer filed by DeAngelo Vehicle Sales, LLC. Replies due by 8/7/2018. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Heitner, Darren) [Transferred from Florida Southern on 1/17/2019.] |
| Filing 8 Defendant's MOTION to Dismiss #1 Complaint, or in the Alternative, Motion to Transfer by Certain Underwriters At Lloyd's London. Attorney Tanya Irene Suarez added to party Certain Underwriters At Lloyd's London(pty:dft). Responses due by 7/31/2018 (Attachments: #1 Text of Proposed Order, #2 Exhibit "A", #3 Exhibit "B", #4 Exhibit "C", #5 Exhibit "D", #6 Exhibit "E", #7 Exhibit "F", #8 Exhibit "G", #9 Exhibit "H", #10 Exhibit "I", #11 Exhibit "J", #12 Exhibit "K")(Suarez, Tanya) [Transferred from Florida Southern on 1/17/2019.] |
| Filing 7 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline by DeAngelo Vehicle Sales, LLC. Certain Underwriters At Lloyd's London served on 6/28/2018, answer due 7/19/2018. (Attachments: #1 Exhibit A)(Heitner, Darren) [Transferred from Florida Southern on 1/17/2019.] |
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Filing 6
ORDER OF REFERRAL AND ORDER REGARDING COURT PRACTICES AND PROCEDURES: REFERRING CASE to Magistrate Judge Patrick M. Hunt for Pretrial Non-Dispositive Matters, Requiring Joint Scheduling Report, Notice of Joint Motions, (Expedited Service Deadline 8/27/2018.) Signed by Judge Marcia G. Cooke on 6/28/2018. (ase) [Transferred from Florida Southern on 1/17/2019.]
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| Filing 5 RESPONSE TO ORDER TO SHOW CAUSE re 4 Order to Show Cause,,, by DeAngelo Vehicle Sales, LLC. (Heitner, Darren) [Transferred from Florida Southern on 1/17/2019.] |
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Filing 4
ENDORSED ORDER TO SHOW CAUSE: This matter is before me upon a sua sponte review of the record. Plaintiff filed its #1 Complaint on June 21, 2018. The Court is not satisfied that Plaintiff has alleged complete diversity for purposes of this Court exercising subject matter jurisdiction. Plaintiff fails to identify each of its constituent members, and fails to allege the citizenship of each member. See Rolling Greens MHP, LP v. Comcast SCH Holdings, LLC, 374 F.3d 1020, 1022 (11th Cir. 2004) ("To sufficiently alleg[e] the citizenships of... unincorporated business entities, a party must list the citizenships of all members of the limited liability company[.]"). Accordingly it is ORDERED and ADJUDGED that Plaintiff shall SHOW CAUSE on or before July 10, 2018 why this case should not be dismissed for lack of subject matter jurisdiction. Signed by Judge Marcia G. Cooke on 6/26/2018. (ase) [Transferred from Florida Southern on 1/17/2019.]
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| Filing 3 Summons Issued as to Certain Underwriters At Lloyd's London. (dj) [Transferred from Florida Southern on 1/17/2019.] |
| Filing 2 Clerks Notice of Judge Assignment to Judge Marcia G. Cooke. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Patrick M. Hunt is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. (dj) [Transferred from Florida Southern on 1/17/2019.] |
| Filing 1 COMPLAINT against All Defendants. Filing fees $ 400.00 receipt number 113C-10755312, filed by DeAngelo Vehicle Sales, LLC. (Attachments: #1 Summon(s), #2 Civil Cover Sheet, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Exhibit I, #12 Exhibit J)(Heitner, Darren) [Transferred from Florida Southern on 1/17/2019.] |
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