Prime Property & Casualty Insurance Inc. v. Salson Logistics, Inc. et al
| Prime Property & Casualty Insurance |
| Salson Logistics, Inc., Sal-son Trucking Co. Inc. and Anthony Berritto |
| 2:2026cv00631 |
| July 7, 2026 |
| U.S. District Court for the District of Utah |
| Cecilia M Romero |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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| Filing 27 NOTICE OF REQUIREMENTS for appearance Pro Hac Vice mailed to attorney Jerry S. Goldman and Keith Lazere for Sal-son Trucking Co. Inc., Salson Logistics, Inc. Notice emailed to [email protected] and [email protected]. (nl) |
| Filing 26 NOTICE OF REQUIREMENTS for appearance Pro Hac Vice mailed to attorney Bruce Strikowsky for Prime Property & Casualty Insurance. Notice emailed to [email protected]. (nl) |
| Filing 25 Case transferred in from USDC of New York Northern; Case Number 8:25-cv-01341. Original file, certified copy of transfer order and docket sheet received. USDC District of Utah case number 2:26-cv-00631-CMR, assigned to Magistrate Judge Cecilia M. Romero. |
Filing 24
MEMORANDUM-DECISION AND ORDER: It is hereby ORDERED that Defendants' motion to dismiss (Dkt. No. #11 ) is construed as a motion as a motion to transfer under 28 U.S.C. 1404(a) on the basis of forum non conveniens; and it is further ORDERED that Defendants' motion (Dkt. No. #11 ) is GRANTED and the Clerk of Court is respectfully requested to transfer this action in its entirety to the United States District Court for the District of Utah pursuant to 28 U.S.C. 1404(a); and it is further ORDERED that the Clerk of the Court is directed to close this case. IT IS SO ORDERED. Signed by Chief Judge Brenda K. Sannes on 6/18/2026. (kck) [Transferred from New York Northern on 7/7/2026.]
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| Docket Annotation: Pursuant to NYND Local Rule 3.7, this case will be electronically transferred to the District of Utah 14 days after the date of the #24 Memorandum-Decision and Order, unless the parties file a joint letter request to transfer the case sooner. (kck) [Transferred from New York Northern on 7/7/2026.] |
| Filing 23 LETTER BRIEF in Further Opposition to Motion and Responsive to Text Order ECF Dkt. 21 by Prime Property & Casualty Insurance Inc.. (Strikowsky, Bruce) [Transferred from New York Northern on 7/7/2026.] |
| Filing 22 LETTER BRIEF Updating Utah Law by Anthony Berritto, Sal-son Trucking Co. Inc., Salson Logistics, Inc.. (Lazere, Keith) [Transferred from New York Northern on 7/7/2026.] |
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Filing 21
TEXT ORDER: After reviewing the parties' briefing on Defendants' motion (Dkt. Nos. #11 , #14 , #18 ) the Court finds that there are issues which are insufficiently addressed and directs the parties to file supplemental letter briefs, no longer than ten pages by June 2, 2026. It appears that the parties dispute "whether the claims and parties involved in the suit are subject to the forum selection clause," the third inquiry in the Second Circuit's framework for evaluating a forum selection clause. Rabinowitz v. Kelman, 75 F.4th 73, 81 (2d Cir. 2023) (quoting Martinez v. Bloomberg LP, 740 F.3d 211, 217 (2d Cir. 2014)). Defendants submitted Exhibit "H" (Dkt. No. 11-10), containing email correspondence between counsel for Plaintiff and Defendants, to their motion, (Dkt. No. #11 ). Defendants argue that this exhibit shows that Plaintiff would fund a portion of the parties' settlement in the personal injury action Lynn-Ford v. Shores, No. 21-cv-169 (N.D.N.Y.), while "reserving the right to reimbursement of such funding under the MCS-90 endorsement of the Policies." (Dkt. No. 18, at 7; Dkt. No. 11-10, at 2). Plaintiff is directed to explain in its submission why a dispute regarding this agreement is not "related to any insurance coverage issues and any payment due the Insured" per the "Policies'" forum selection clause, (Dkt. No. 11-3, at 62). Here, it appears that the Policies contain a Utah choice-of-law clause, (Dkt. No. 11-3, at 61). Courts considering whether the scope of a forum selection clause encompasses the dispute at issue apply "the law contractually selected by the parties," Martinez, 740 F.3d at 218, unless "the parties have chosen 'not to "rely on any distinctive features of [the selected law] and [instead to] apply general contract law principles and federal precedent to discern the meaning and scope of the forum clause."'" Bankers Healthcare Grp., LLC v. TCEx, LLC, No. 23-CV-00611, 2024 WL 841236 (N.D.N.Y. Feb. 28, 2024) (alteration in original) (quoting Martinez, 740 F. 3d at 223). Both parties are directed to address and cite to the governing law relevant to this inquiry by June 2, 2026. SO ORDERED by Chief Judge Brenda K. Sannes on 5/19/2026. (nmk) [Transferred from New York Northern on 7/7/2026.]
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| Filing 20 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Sal-son Trucking Co. Inc.. (Lazere, Keith) [Transferred from New York Northern on 7/7/2026.] |
| Filing 19 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Salson Logistics, Inc. identifying Corporate Parent TTSI SalSon TopCo, LLC for Salson Logistics, Inc... (Lazere, Keith) [Transferred from New York Northern on 7/7/2026.] |
| Filing 18 RESPONSE in Support re #11 Motion to Dismiss,, filed by Anthony Berritto, Sal-son Trucking Co. Inc., Salson Logistics, Inc.. (Lazere, Keith) [Transferred from New York Northern on 7/7/2026.] |
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Filing 17
TEXT ORDER: granting the #16 Letter Motion for Extension of Time to File Reply re #11 MOTION to Dismiss. Defendants' Reply is due by 12/22/2025. SO ORDERED by Chief Judge Brenda K. Sannes on 12/17/2025. (nmk) [Transferred from New York Northern on 7/7/2026.]
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| Filing 16 MOTION for Extension of Time to File Response/Reply as to #11 MOTION to Dismiss filed by Anthony Berritto, Sal-son Trucking Co. Inc., Salson Logistics, Inc.. Motion returnable before Judge Brenda K. Sannes filed by Anthony Berritto, Sal-son Trucking Co. Inc., Salson Logistics, Inc.. Response to Motion due by 1/6/2026 Motions referred to Miroslav Lovric. (Lazere, Keith) [Transferred from New York Northern on 7/7/2026.] |
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Filing 15
TEXT ORDER: granting the #13 Letter requesting a one-day extension of time to file a response as to #11 MOTION to Dismiss. Defendants' #14 Response is accepted as filed. SO ORDERED by Chief Judge Brenda K. Sannes on 12/15/2025. (nmk) [Transferred from New York Northern on 7/7/2026.]
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| Filing 14 MEMORANDUM OF LAW re #11 Motion to Dismiss,, Opposition to Rule 12 Motion to Dismiss filed by Prime Property & Casualty Insurance Inc.. (Strikowsky, Bruce) [Transferred from New York Northern on 7/7/2026.] |
| Filing 13 First MOTION for Extension of Time to File Response/Reply as to #11 MOTION to Dismiss filed by Anthony Berritto, Sal-son Trucking Co. Inc., Salson Logistics, Inc.. Motion returnable before Judge Brenda K. Sannes Request for 1-Day Extension of Time filed by Prime Property & Casualty Insurance Inc.. Response to Motion due by 1/2/2026 Motions referred to Miroslav Lovric. (Strikowsky, Bruce) [Transferred from New York Northern on 7/7/2026.] |
| Filing 12 TEXT ORDER: In light of the filing of Motion to Dismiss #11 , the Rule 16 Initial Conference scheduled for 1/7/2026 before Magistrate Judge Miroslav Lovric, and the conference related deadlines, are STAYED without date. SO ORDERED by U.S. Magistrate Judge Miroslav Lovric on 11/21/2025. (jdc ) [Transferred from New York Northern on 7/7/2026.] |
| Filing 11 MOTION to Dismiss filed by Anthony Berritto, Sal-son Trucking Co. Inc., Salson Logistics, Inc.. Motion returnable before Judge Brenda K. Sannes Response to Motion due by 12/11/2025. Reply to Response to Motion due by 12/18/2025 (Attachments: #1 Memorandum of Law, #2 Declaration of Keith A. Lazere, #3 Exhibit(s) A, #4 Exhibit(s) B, #5 Exhibit(s) C, #6 Exhibit(s) D, #7 Exhibit(s) E, #8 Exhibit(s) F, #9 Exhibit(s) G, #10 Exhibit(s) H, #11 Exhibit(s) I, #12 Exhibit(s) J, #13 Proposed Order/Judgment, #14 Certificate of Service) (Lazere, Keith) [Transferred from New York Northern on 7/7/2026.] |
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Filing 10
ORDER granting #9 Defendants request for an extension of time to respond. Defendants Anthony Berritto, Sal-Son Trucking Co., Inc., and Salson Logistics, Inc. shall file their response on or before November 20, 2025.Signed by U.S. Magistrate Judge Miroslav Lovric on November 12, 2025.(jdc ) [Transferred from New York Northern on 7/7/2026.]
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| Filing 9 STIPULATION WITH LETTER REQUEST by Prime Property & Casualty Insurance Inc. submitted to Judge Hon. Miroslav Lovric. (Attachments: #1 Stipulation and Proposed Order)(Strikowsky, Bruce) [Transferred from New York Northern on 7/7/2026.] |
| Filing 8 NOTICE OF APPEARANCE by Jerry S. Goldman on behalf of Anthony Berritto, Sal-son Trucking Co. Inc., Salson Logistics, Inc. (Goldman, Jerry) [Transferred from New York Northern on 7/7/2026.] |
| Filing 7 NOTICE OF APPEARANCE by Keith Lazere on behalf of Anthony Berritto, Sal-son Trucking Co. Inc., Salson Logistics, Inc. (Lazere, Keith) [Transferred from New York Northern on 7/7/2026.] |
| ***Answer due date updated for Sal-son Trucking Co. Inc.: answer due 11/13/2025. (ham) [Transferred from New York Northern on 7/7/2026.] |
| Filing 6 AFFIDAVIT of Service for Affidavit of Service served on Sal-Son Trucking Co. Inc. on 10/23/2025, filed by Prime Property & Casualty Insurance Inc.. (Strikowsky, Bruce) [Transferred from New York Northern on 7/7/2026.] |
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Filing 5
TEXT ORDER: granting Direct Assignment. The cases are deemed related. SO ORDERED by Chief Judge Brenda K. Sannes on 9/29/2025. (nmk) [Transferred from New York Northern on 7/7/2026.]
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| Filing 4 G.O. 25 FILING ORDER ISSUED: Initial TELEPHONE Conference set for 1/7/2026 at 10:00 AM before Magistrate Judge Miroslav Lovric. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 12/31/2025. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (bas) [Transferred from New York Northern on 7/7/2026.] |
| TEXT NOTICE: The Initial Conference set for 1/7/2026 at 10:00AM before Magistrate Judge Miroslav Lovric will be held via Microsoft Teams Teleconferencing. The Courtroom Deputy will send a teams link to the parties to participate. (jdc ) [Transferred from New York Northern on 7/7/2026.] |
| TEXT Notice pursuant to General Order 12 of Potential Related Case(s), submitted to District Judge for review and determination. Potential Related cases: 5:21-cv-169 (BKS/ML). (bas) [Transferred from New York Northern on 7/7/2026.] |
| Filing 3 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Prime Property & Casualty Insurance Inc. identifying Corporate Parent Prime Holdings Insurance Services, Inc., Corporate Parent RLI Corp. for Prime Property & Casualty Insurance Inc. (bas) [Transferred from New York Northern on 7/7/2026.] |
| Filing 2 Summons Issued as to Anthony Berritto, Sal-son Trucking Co. Inc., and Salson Logistics, Inc. (Attachments: #1 Summons as to Sal-son Trucking Co. Inc., #2 Summons as to Anthony Berritto)(bas) [Transferred from New York Northern on 7/7/2026.] |
| Filing 1 COMPLAINT WITH JURY DEMAND against Anthony Berritto, Sal-son Trucking Co. Inc., and Salson Logistics, Inc. (Filing fee $405 receipt number ANYNDC-7305826) Filed by Prime Property & Casualty Insurance Inc. (Attachments: #1 Civil Cover Sheet)(bas) [Transferred from New York Northern on 7/7/2026.] |
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