INSULATION COATINGS & CONSULTANTS LLC v. LIBERTY MUTUAL INSURANCE COMPANY
| INSULATION COATINGS & CONSULTANTS, LLC |
| LIBERTY MUTUAL INSURANCE COMPANY |
| 1:2023cv00023 |
| February 3, 2023 |
| US District Court for the Western District of Pennsylvania |
| Susan Paradise Baxter |
| Contract: Other |
| 28 U.S.C. ยง 1441 Notice of Removal-Contract Dispute |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on March 1, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 12 Transferred case to U.S. Bankruptcy Court Western Pennsylvania opened 2/28/2023 at Adv. Proc. No. 23-1002-GLT Text-only entry. No PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (elt) |
| Filing 11 Case transferred to the U.S. Bankruptcy Court of Western Pennsylvania Text-only entry. No PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (elt) |
Filing 10
ORDER OF COURT: This matter is referred to the United States Bankruptcy Court for the Western District of Pennsylvania. The Clerk of Court is directed to transfer the case forthwith. Signed by Judge Susan Paradise Baxter on 02/16/2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (fcf)
|
| Filing 9 Case transferred in from District of New York Western; Case Number 1:22-cv-00845. Original file certified copy of transfer order and docket sheet received. |
| Judge Susan Paradise Baxter added. (ept) |
| Filing 8 TEXT ORDER On October 31, 2018, Plaintiff Insulation Coatings & Consultants LLC ("ICC") sued Defendant Liberty Mutual Ins. Co. in New York state court claiming that Liberty Mutual failed to pay it $1,059,386 under a Labor and Materials Bond and a Performance Bond procured by LPCiminelli, Inc. (Notice of Removal, Docket No. 1, para. 2, 3.) ICC brought its claim against Liberty Mutual after LPCiminelli, a general contractor, failed to pay ICC for work it performed in connection with the State University of New York at Buffalo School of Medicine & Biomedical Sciences Building Project. (Notice of Removal, para. 4.)While the state-court action was pending, ICC filed a voluntary Petition for Relief under Chapter 11 of the United States Bankruptcy Code on August 9, 2022, in the United States Bankruptcy Court for the Western District of Pennsylvania (Erie Division). (Notice of Removal, para. 1.) Thereafter, ICC removed the state-court action to federal court under 28 U.S.C. 1452 (Removal of claims related to bankruptcy cases) on the basis that the state-court action contained claims over which this Court has jurisdiction under 28 U.S.C. 1334 (Bankruptcy cases and proceedings). (Notice of Removal, para. 8, 9.) Contemporaneous with removal, ICC also moved to transfer venue from this Court to the United States District Court for the Western District of Pennsylvania (Erie Division) for subsequent referral to the bankruptcy court there under the Western District of Pennsylvania's October 16, 1984 Standing Order, which would allow for consolidation of the claims into the pending bankruptcy action. (Docket No. 3.)Liberty Mutual has not appeared in this action to contest either removal or ICC's motion to transfer venue, despite having been properly served. (Docket No. 4.) Having reviewed the totality of these proceedings and ICC's motion to transfer, this Court finds that transfer of venue to the United States District Court for the Western District of Pennsylvania (Erie Division) is warranted under 28 U.S.C. 1404 (Change of venue) and 28 U.S.C. 1412 (Change of venue). This action is plainly related to ICC's pending Chapter 11 bankruptcy proceeding. Transfer and subsequent consolidation thus serves the interests of justice and judicial economy, as well as the convenience of the parties. ICC's unopposed motion to transfer will therefore be granted. IT HEREBY IS ORDERED, that Plaintiff's unopposed #3 motion to transfer venue is GRANTED.FURTHER, that the Clerk of Court is directed to TRANSFER this case to the United States District Court for the Western District of Pennsylvania (Erie Division).FURTHER, that upon completion of the transfer, the Clerk of Court is directed to CLOSE this case. SO ORDERED.Issued by William M. Skretny, United States District Judge on 2/2/2023. (JCM)Clerk to Follow up |
| Filing 7 IT HEREBY IS ORDERED, that the requirements of Local Rule 83.1 (d) having been met, the #2 motion for pro hac vice admission of attorney Bryan G. Baumann, Esq., is GRANTED, subject to payment of the required fee if such fee has not already been paid. SO ORDERED. Issued by William M. Skretny, United States District Judge on 11/16/2022. (JCM) |
| 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. (SG) |
| AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution.(SG) |
| Case assigned to Hon. William M. Skretny. Notification to Chambers of on-line civil case opening. (SG) |
| Filing 6 CONTINUATION OF EXHIBITS by Insulation Coatings & Consultants LLC. to #1 Notice of Removal, Local Rule 81(a) Index filed by Insulation Coatings & Consultants LLC. (Kraemer, Erick) |
| Filing 5 CONTINUATION OF EXHIBITS by Insulation Coatings & Consultants LLC. to #1 Notice of Removal, Civil Cover Sheet filed by Insulation Coatings & Consultants LLC. (Kraemer, Erick) |
| Filing 4 CERTIFICATE OF SERVICE by Insulation Coatings & Consultants LLC re #3 MOTION to Change Venue due to Chap 11 Bankruptcy, #1 Notice of Removal, (Gawronski, Frederick) |
| E-Filing Notification: re #1 NOTICE OF REMOVAL - Action Required: Attorney is directed to file an index identifying State Court documents pursuant to local rule 81(A). (TMK) |
| E-Filing Notification: re #1 NOTICE OF REMOVAL - Attorney is directed to file a civil cover sheet, pursuant to Local Rule 3. No judge assignment will be made until filing is entered on the docket. Please utilize the Continuation of Exhibits event, located within the Responses and Replies category. (TMK) |
| Filing 3 MOTION to Change Venue due to Chap 11 Bankruptcy by Insulation Coatings & Consultants LLC.(Kraemer, Erick) |
| Filing 2 MOTION to appear pro hac vice of Bryan G. Baumann ( Filing fee $ 200 receipt number ANYWDC-4718172.) by Insulation Coatings & Consultants LLC. (Attachments: #1 Declaration Petition of Bryan G. Baumann, #2 Affidavit Sponsoring Affidavit of Frederick J. Gawronski in Support, #3 Exhibit Certificate of Good Standing, #4 Exhibit Attorney's Oath, #5 Exhibit Civility Oath, #6 Exhibit Registration Form)(Kraemer, Erick) |
| Filing 1 NOTICE OF REMOVAL by Insulation Coatings & Consultants LLC from Supreme Court: Erie County, case number 817094/2018. (Filing fee $ 402 receipt number ANYWDC-4718138), filed by Insulation Coatings & Consultants LLC. (Attachments: #1 Summons, Complaint, Exhibits and Affidavit of Service from state court matter.)(Kraemer, Erick) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Pennsylvania Western District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
| Search for this case: INSULATION COATINGS & CONSULTANTS LLC v. LIBERTY MUTUAL INSURANCE COMPANY | |
|---|---|
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Web | [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ] |
| Plaintiff: INSULATION COATINGS & CONSULTANTS, LLC | |
| Represented By: | Frederick J. Gawronski |
| Represented By: | Bryan G Baumann |
| Represented By: | Erick D. Kraemer |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
| Defendant: LIBERTY MUTUAL INSURANCE COMPANY | |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
