FLEARY et al v. ZURICH AMERICA INSURANCE COMPANY
Plaintiff: PHABIOLA GAILLARD FLEARY and SEAN FLEARY
Defendant: ZURICH AMERICA INSURANCE COMPANY
Case Number: 2:2023cv05055
Filed: December 20, 2023
Court: US District Court for the Eastern District of Pennsylvania
Presiding Judge: PAMELA A CARLOS
Referring Judge: MARK A KEARNEY
Nature of Suit: Contract: Insurance
Cause of Action: 28 U.S.C. § 1332 Diversity-(Citizenship)
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on February 15, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 15, 2024 Opinion or Order Filing 30 ORDER THAT A ZOOM RULE 16 SCHEDULING CONFERENCE IN THE ABOVE-CAPTIONED CASE WILL BE HELD ON THURSDAY, MARCH 7, 2024 AT 2:30 PM (INSTEAD OF TUESDAY, FEBRUARY 27, 2024) BEFORE THE UNDERSIGNED. SIGNED BY MAGISTRATE JUDGE PAMELA A. CARLOS ON 2/15/24. 2/16/24 ENTERED AND COPIES E-MAILED.(er)
February 15, 2024 Opinion or Order Filing 29 MOTION AND ORDER THAT THE LETTER REQUEST IS TREATED AS A MOTION AND IS GRANTED. SIGNED BY MAGISTRATE JUDGE PAMELA A. CARLOS ON 2/15/24.2/16/24 ENTERED AND COPIES E-MAILED.(er) Modified on 2/16/2024 (er).
February 15, 2024 Filing 28 LETTER MOTION TO RESCHEDULE THE RULE 16 SCHEDULING CONFERENCE filed by PHABIOLA GAILLARD FLEARY, ZURICH AMERICA INSURANCE COMPANY. (er)
February 15, 2024 Filing 27 Letter dated 02/15/2024 by ZURICH AMERICA INSURANCE COMPANY. (KASTER, BRYON)
February 8, 2024 Opinion or Order Filing 26 ORDER THAT A ZOOM RULE 16 SCHEDULING CONFERENCE IN THE ABOVE-CAPTIONED CASE WILL BE HELD ON TUESDAY, FEBRUARY 27, 2024, AT 3:30 PM BEFORE THE UNDERSIGNED. SIGNED BY MAGISTRATE JUDGE PAMELA A. CARLOS ON 2/8/24. 2/8/24 ENTERED AND COPIES E-MAILED.(er)
February 6, 2024 Filing 25 CONSENT AND ORDER TO JURISDICTION BY US MAGISTRATE JUDGE PAMELA A. CARLOS. SIGNED BY HONORABLE MARK A. KEARNEY ON 2/6/24. (Attachments: #1 Clerk's Magistrate Assignment Sheet) 2/6/24 ENTERED & E-MAILED.(fdc)
February 6, 2024 Filing 24 CONSENT to Jurisdiction by US Magistrate Judge by ZURICH AMERICA INSURANCE COMPANY.. (KASTER, BRYON)
February 5, 2024 Filing 23 Discovery Plan by PHABIOLA GAILLARD FLEARY.(GREENFIELD, MURRAY)
February 5, 2024 Filing 22 Response TO THE AFFIRMATIVE DEFENSES OF DEFENDANT ZURICH AMERICA INSURANCE COMPANY by PHABIOLA GAILLARD FLEARY, SEAN FLEARY. (GREENFIELD, MURRAY)
February 5, 2024 Opinion or Order Filing 21 ORDER WE STRIKE THE NONCOMPLIANT RULE 26(f) REPORT #19 AND PLANTIFF SHALL FILE A RULE 26(f) REPORT COMPLIANT WITH OUR POLICIES ON OR BEFORE 2:00 P.M. ON FEBRUARY 6, 2024.SIGNED BY HONORABLE MARK A. KEARNEY ON 2/5/2024. 2/5/204 ENTERED AND COPIES E-MAILED.(uh)
February 5, 2024 Filing 20 NOTICE of Appearance by MURRAY L. GREENFIELD on behalf of PHABIOLA GAILLARD FLEARY, SEAN FLEARY (GREENFIELD, MURRAY)
January 30, 2024 Filing 19 Report Of Rule 26(f) Meeting (JOINT) by ZURICH AMERICA INSURANCE COMPANY. (KASTER, BRYON) (STRICKEN PER ORDER [21) Modified on 2/5/2024 (uh).
January 30, 2024 Opinion or Order Filing 18 ORDER THAT THE INITIAL PRETRIAL CONFERENCE IS RESCHEDULED FOR 2/7/24 AT 10:30 AM BEFORE HONORABLE MARK A. KEARNEY. SIGNED BY HONORABLE MARK A. KEARNEY ON 1/30/24. 1/30/24 ENTERED & E-MAILED.(fdc)
January 25, 2024 Opinion or Order Filing 17 ORDER THAT TO AMEND OUR 1/11/24 ORDER ONLY TO RESCHEDULE THE INITIAL PRETRIAL CONFERENCE FOR 2/1/24 AT 3:45 P.M. WITH REQUIRED RULE 26 (f) REPORT TO BE FILED NO LATER THAN 1/30/24; ETC.. SIGNED BY HONORABLE MARK A. KEARNEY ON 1/25/24. 1/25/24 ENTERED AND E-MAILED.(JL)
January 25, 2024 Filing 16 ANSWER to Complaint together with with Affirmative Defenses by ZURICH AMERICA INSURANCE COMPANY.(KASTER, BRYON)
January 17, 2024 Filing 15 Disclosure of Citizenship in Diversity Cases by ZURICH AMERICA INSURANCE COMPANY . (KASTER, BRYON)
January 16, 2024 Filing 14 Disclosure of Citizenship in Diversity Cases by PHABIOLA GAILLARD FLEARY, SEAN FLEARY . (GREENFIELD, MURRAY)
January 11, 2024 Opinion or Order Filing 13 ORDER THAT PLAINTIFF SHALL, NO LATER THAN 1/17/24, FILE THE REQUIRED DISCLOSURE STATEMENTS REQUIRED BY FRCP 7.1(A)(2). SIGNED BY HONORABLE MARK A. KEARNEY ON 1/11/24. 1/11/24 ENTERED & E-MAILED.(fdc)
January 11, 2024 Opinion or Order Filing 12 ORDER THAT AN INITIAL PRETRIAL CONFERENCE IS SET FOR 1/26/24 AT 4:30 PM BEFORE HONORABLE MARK A. KEARNEY. SIGNED BY HONORABLE MARK A. KEARNEY ON 1/11/24. 1/11/24 ENTERED & E-MAILED.(fdc)
January 11, 2024 Opinion or Order Filing 11 ORDER THAT DEFENDANT SHALL, NO LATER THAN 1/17/24, FILE THE REQUIRED DISCLOSURE STATEMENTS REQUIRED BY FRCP 7.1(A)(2). SIGNED BY HONORABLE MARK A. KEARNEY ON 1/11/24. 1/11/24 ENTERED & E-MAILED.(fdc)
January 11, 2024 Opinion or Order Filing 10 ORDER THAT DEFENDANT'S #6 MOTION TO DISMISS IS GRANTED. DEFENDANT SHALL FILE AN ANSWER TO THE COMPLAINT #1 NO LATER THAN 1/25/24.SIGNED BY HONORABLE MARK A. KEARNEY ON 1/11/24.1/11/24 ENTERED & E-MAILED.(fdc)
January 11, 2024 Filing 9 AFFIDAVIT in Support re #6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by PHABIOLA GAILLARD FLEARY, SEAN FLEARY. (GREENFIELD, MURRAY)
December 28, 2023 Filing 8 Disclosure Statement Form pursuant to FRCP 7.1 including Zurich Insurance Group, Ltd.; Zurich Insurance Company, Ltd.; Zurich Holding Company, Inc. with Certificate of Service by ZURICH AMERICA INSURANCE COMPANY.(KASTER, BRYON)
December 27, 2023 Opinion or Order Filing 7 ORDER THAT DEFENDANT SHALL, NO LATER THAN 1/2/24 FILE THE REQUIRED DISCLOSURE STATEMENTS REQUIRED BY FEDERAL RULE OF CIVIL PROCEDURE 7.1 (a)(2); ETC.. SIGNED BY HONORABLE MARK A. KEARNEY ON 12/27/23. 12/27/23 ENTERED AND E-MAILED.(JL)
December 22, 2023 Filing 6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by ZURICH AMERICA INSURANCE COMPANY.Brief; Certificate of Service. (Attachments: #1 Text of Proposed Order, #2 Exhibit 1, #3 Brief)(KASTER, BRYON)
December 22, 2023 Filing 5 Disclosure Statement Form pursuant to FRCP 7.1 including Zurich Insurance Group, Ltd.; Zurich Insurance Company, Ltd.; Zurich Holding Company, Inc. by ZURICH AMERICA INSURANCE COMPANY.(KASTER, BRYON)
December 21, 2023 Filing 4 State Court record received from Court of Common Pleas of MONTGOMERY County. (CCP - Montgomery County, )
December 20, 2023 Opinion or Order Filing 3 ORDER THAT DEFENDANT SHALL, NO LATER THAN DECEMBER 26, 2033, FILE THE REQUIRED DISCLOSURE STATEMENTS REQUIRED BY FEDERAL RULE OF CIVIL PROCEDURE 7.1(A)(2). SIGNED BY HONORABLE MARK A. KEARNEY ON 12/20/23. 12/20/23 ENTERED AND COPIES E-MAILED.(jaa, )
December 20, 2023 Filing 2 NOTICE by ZURICH AMERICA INSURANCE COMPANY re #1 Notice of Removal (Attorney), (KASTER, BRYON)
December 20, 2023 Filing 1 NOTICE OF REMOVAL by ZURICH AMERICA INSURANCE COMPANY (Filing fee $ 405 receipt number APAEDC-17145062), filed by ZURICH AMERICA INSURANCE COMPANY. (Attachments: #1 Exhibit 1 - State Court Complaint, #2 Civil Cover Sheet Civil Cover Sheet, #3 Designation Form Designation Form)(KASTER, BRYON)
December 20, 2023 Attorneys are required by local rule to complete and file both a Civil Cover Sheet and a Designation Form. DEFENDANT's counsel is directed to file COMPLETED DESIGNATION FORM in this case using the Notice (Other) docket event located in the Notices category. The Yes/No questions and Certification Question asking if the case is/is not related need to be answered. A signature is needed. (sbt)

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Plaintiff: PHABIOLA GAILLARD FLEARY
Represented By: MURRAY L. GREENFIELD
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Plaintiff: SEAN FLEARY
Represented By: MURRAY L. GREENFIELD
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Defendant: ZURICH AMERICA INSURANCE COMPANY
Represented By: BRYON R. KASTER
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