Taramore Square, LLC v. Mt. Hawley Insurance Company
| Taramore Square, LLC |
| MT Hawley Insurance Company |
| 1:2024cv03131 |
| April 24, 2024 |
| US District Court for the Southern District of New York |
| Ronnie Abrams |
| Insurance |
| 28 U.S.C. § 1441 in Petition for Removal- Insurance Contract |
| None |
Docket Report
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| Filing 26 CASE TRANSFERRED IN from the United States District Court - District of Louisiana Middle; Case Number: 3:23-cv-01278. Original file certified copy of transfer order and docket entries received. |
| CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Judge Ronnie Abrams. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(vba) |
| Magistrate Judge Katharine H. Parker is designated to handle matters that may be referred in this case. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (vba) |
| NOTE TO OUT OF STATE ATTORNEYS: Please visit the Court's website at https://nysd.uscourts.gov/ for information regarding admission to the S.D.N.Y. Bar and the CM/ECF Rules & Filing Instructions. (vba) |
| Case Designated ECF. (vba) |
| Filing 25 JUDGMENT OF TRANSFER: Transferring Case to the Southern District of New York. Signed by Chief Judge Shelly D. Dick on 04/15/2024. (ELW) [Transferred from Louisiana Middle on 4/24/2024.] |
| Filing 24 RULING: Defendant's #9 Motion to Transfer Venue is hereby GRANTED. This matter is TRANSFERRED to the United States District Court for the Southern District of New York. Signed by Chief Judge Shelly D. Dick on 04/12/2024. (ELW) [Transferred from Louisiana Middle on 4/24/2024.] |
| Filing 23 MOTION to Stay Case Management Order Deadlines Pending Outcome of Motion to Transfer Venue by Mt. Hawley Insurance Company (Attachments: #1 Memorandum in Support of Motion to Stay Case Management Order Deadlines Pending Outcome of Motion to Transfer Venue, #2 Proposed Order - Motion to Stay Case Management Order Deadlines Pending Outcome of Motion to Transfer Venue)(Schmeeckle, Seth) [Transferred from Louisiana Middle on 4/24/2024.] |
Filing 22
CASE MANAGEMENT ORDER No. 1: The Court hereby approves this Case Management Order to set forth procedures to facilitate efficient resolution of these matters through the establishment of a streamlined settlement conference and mediation protocol (the SSP). Signed by Chief Judge Shelly D. Dick on 02/27/2024. (Litchfield, Michael) [Transferred from Louisiana Middle on 4/24/2024.]
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Filing 21
ORDER granting #20 Motion to Substitute Hannah Quicksell for Mt. Hawley Insurance Company replacing Julie S. Meaders. Signed by Magistrate Judge Erin Wilder-Doomes on 2/7/2024. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR) [Transferred from Louisiana Middle on 4/24/2024.]
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| Filing 20 Ex Parte Motion to Withdraw and Enroll Co-Counsel of Record by Mt. Hawley Insurance Company (Attachments: #1 Proposed Order to Ex Parte Motion to Withdraw and Enroll Co-Counsel of Record)(Schmeeckle, Seth) Modified to edit text on 2/7/2024 (BLR). [Transferred from Louisiana Middle on 4/24/2024.] |
| MOTION(S) REFERRED: #20 Ex Parte MOTION for Julie S. Meaders to Withdraw as Attorney MOTION to Enroll Hannah L. R. Quicksell as Attorney . This motion is now pending before the USMJ. (ELW) [Transferred from Louisiana Middle on 4/24/2024.] |
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Filing 19
ORDER denying #18 Ex Parte Motion to Withdraw and Enroll Co-Counsel for Record for failure to comply with Local Rule 83(b)(13). Signed by Magistrate Judge Erin Wilder-Doomes on 2/5/2024. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR) [Transferred from Louisiana Middle on 4/24/2024.]
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| MOTION(S) REFERRED: #18 MOTION for Julie S. Meaders to Withdraw as Attorney MOTION to Enroll Hannah L. R. Quicksell as Attorney . This motion is now pending before the USMJ. (ELW) [Transferred from Louisiana Middle on 4/24/2024.] |
| Filing 18 MOTION for Julie S. Meaders to Withdraw as Attorney , MOTION to Enroll Hannah L. R. Quicksell as Attorney by Mt. Hawley Insurance Company (Attachments: #1 Proposed Order to Ex Parte Motion to Withdraw and Enroll Co-Counsel of Record)(Schmeeckle, Seth) [Transferred from Louisiana Middle on 4/24/2024.] |
| Filing 17 REPLY Memorandum in Support of #9 MOTION to Transfer Case to United States District Court for the Southern District of New York filed by Mt. Hawley Insurance Company. (Attachments: #1 Exhibit A - Declaration of Chad Harrington, #2 Exhibit A-1 Policy GPK0010202, #3 Exhibit A- 2 Quote Letter delivery email, #4 Exhibit A-3 Bind Request email, #5 Exhibit A- 4 Policy binder delivery email, #6 Exhibit B - Louisiana Department of Insurance).(LLH) [Transferred from Louisiana Middle on 4/24/2024.] |
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Filing 16
ORDER granting #15 MOTION for Leave to File Reply memorandum in Support of Motion to Transfer Venue filed by Mt. Hawley Insurance Company. Signed by Chief Judge Shelly D. Dick on 10/20/2023. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (SWE) [Transferred from Louisiana Middle on 4/24/2024.]
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| Filing 15 MOTION for Leave to File Reply memorandum in Support of Motion to Transfer Venue by Mt. Hawley Insurance Company (Attachments: #1 Proposed Pleading; Order, #2 Proposed Pleading; Reply in support of Motion to Transfer Venue, #3 Exhibit A - Declaration of Chad Harrington, #4 Exhibit A-1 Policy GPK0010202, #5 Exhibit A- 2 Quote Letter delivery email, #6 Exhibit A-3 Bind Request email, #7 Exhibit A- 4 Policy binder delivery email, #8 Exhibit B - Louisiana Department of Insurance)(Meaders, Julie) [Transferred from Louisiana Middle on 4/24/2024.] |
| Filing 14 MEMORANDUM in Opposition to #9 MOTION to Transfer Case to United States District Court for the Southern District of New York filed by Taramore Square, LLC. (Attachments: #1 Exhibit A-La. Dept. of Ins. Bulletin No. 2011-01)(Sunseri, Joseph) [Transferred from Louisiana Middle on 4/24/2024.] |
| Case reassigned to Chief Judge Shelly D. Dick. Judge John W. deGravelles no longer assigned to the case. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (NLT) [Transferred from Louisiana Middle on 4/24/2024.] |
| Filing 13 NOTICE of Briefing Schedule on #9 MOTION to Transfer Case to United States District Court for the Southern District of New York : Opposition to the motion shall be filed within 21 days from the filing of the motion and shall not exceed 25 pages excluding attachments. The mover may file a reply brief within 14 days of the filing of the opposition and shall be limited to a total of 10 pages. No motion for leave will be required. Sur-Reply briefs will be permitted only with leave of Court for extraordinary reasons supported by sufficient facts. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(KDC) [Transferred from Louisiana Middle on 4/24/2024.] |
| Filing 12 Exhibit(s) to #9 MOTION to Transfer Case to United States District Court for the Southern District of New York by Mt. Hawley Insurance Company. (Attachments: #1 Exhibit A. Certified Policy, #2 Exhibit B. Mt. Hawley, #3 Exhibit C. Burk Holding, #4 Exhibit D. Brooks, #5 Exhibit E. William B. Coleman, #6 Exhibit F. UMMID, #7 Exhibit G. Storm Damage Sols, #8 Exhibit H. Summerwind W. Condo, #9 Exhibit I. La Porte Hospitality, #10 Exhibit J. Recovery Performance, #11 Exhibit K. Murray Hill, #12 Exhibit L. Nusi Amusam, #13 Exhibit M. New Hope, #14 Exhibit N. SR Hospitality)(Meaders, Julie) [Transferred from Louisiana Middle on 4/24/2024.] |
| Filing 11 Notice of Deficiency with Administrative Procedure III(A)(1) as to #9 Motion to Transfer Case,,. Pursuant to Administrative Procedure III(A)(1), Each exhibit should be submitted individually in CM/ECF with an exhibit number and short description (e.g., Ex.1 Plaintiff Depo). REQUIRED CORRECTION: The filer is directed to refile the exhibits in the proper format using the event Exhibit located under Other Documents in the CM/ECF system and link the exhibits to the previously filed document. The main document for this event shall be an exhibit list of the exhibits being attached. Each exhibit MUST include a description (e.g., Ex.1 Plaintiff Depo). (ELW) [Transferred from Louisiana Middle on 4/24/2024.] |
| Filing 10 NOTICE of Diversity Jurisdiction Disclosure Statement #1 Notice of Removal, by Mt. Hawley Insurance Company (Meaders, Julie) [Transferred from Louisiana Middle on 4/24/2024.] |
| Filing 9 MOTION to Transfer Case to United States District Court for the Southern District of New York by Mt. Hawley Insurance Company (Attachments: #1 Proposed Pleading; Memorandum in Support, #2 Proposed Pleading; Proposed Order, #3 Exhibit Certified Policy, #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, #13 Exhibit K, #14 Exhibit L, #15 Exhibit M, #16 Exhibit N)(Meaders, Julie) [Transferred from Louisiana Middle on 4/24/2024.] |
| Filing 8 Defendant's ANSWER to Complaint and Affirmative Defenses Subject to Motion to Transfer Venue by Mt. Hawley Insurance Company.(Meaders, Julie) [Transferred from Louisiana Middle on 4/24/2024.] |
| Filing 7 AMENDED NOTICE OF REMOVAL, filed by Mt. Hawley Insurance Company. (Attachments: #1 Attachment Civil Cover, #2 Exhibit Certified Copy of State Court Record, #3 Exhibit Plaintiff's Estimate, #4 Exhibit Notice to State Court of Removal, #5 Exhibit Listing)(LLH) [Transferred from Louisiana Middle on 4/24/2024.] |
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Filing 6
ORDER: The #5 Motion for Leave to File Amended Notice of Removal, filed by Defendant Mt. Hawley Insurance Company, is GRANTED. The Motion was filed in response to the Court's 4 Notice and Order to correct the citizenship allegations as to Plaintiff Taramore Square, LLC. The proposed amended Notice of Removal now alleges that Plaintiff is a limited liability company whose sole member is domiciled in Louisiana. As the parties are diverse and as the amount in controversy appears to be met, the Clerk of Court is instructed to docket the [5-3] Notice of Removal, which will become the operative notice of removal in this case. Signed by Magistrate Judge Erin Wilder-Doomes on 9/13/2023. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR) [Transferred from Louisiana Middle on 4/24/2024.]
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| MOTION(S) REFERRED: #5 MOTION for Leave to File An Amended Notice of Removal . This motion is now pending before the USMJ. (ELW) [Transferred from Louisiana Middle on 4/24/2024.] |
| Filing 5 MOTION for Leave to File An Amended Notice of Removal by Mt. Hawley Insurance Company (Attachments: #1 Proposed Pleading; Order, #2 Attachment Civil Cover Sheet, #3 Proposed Pleading; Notice of Removal, #4 Exhibit Certified Copy of State Court Record, #5 Exhibit Plaintiff's Estimate, #6 Exhibit Notice to State Court of Removal, #7 Exhibit Listing)(Meaders, Julie) [Transferred from Louisiana Middle on 4/24/2024.] |
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Filing 4
NOTICE AND ORDER: Defendant Mt. Hawley Insurance Company removed this case to this Court on September 8, 2023, alleging federal subject matter jurisdiction based on diversity of citizenship under 28 U.S.C. 1332. The Notice of Removal adequately alleges that the amount in controversy exceeds $75,000, exclusive of interest and costs, as Plaintiffs seek insurance benefits for wind damage to four of its buildings as supported by a repair estimate that appears to be for one building (2), which alleges approximately $37,482 in outstanding amounts owed (less prior payments) for that building, plus penalties and attorney's fees. R. Doc. 1-2, pp. 1-9. Mt. Hawley is properly alleged to be an Illinois corporation with its principal place of business in Illinois. R. Doc. 1, para. 4. However, the citizenship of Plaintiff is not properly alleged. While Plaintiff's only member is identified as an individual, the citizenship of an individual is determined by the individual's domicile, not residency. Accordingly, IT IS ORDERED that by no later than September 19, 2023, Defendant Mt. Hawley Insurance Company shall file a motion for leave to file an amended Notice of Removal that properly alleges the citizenship of all parties, and which includes all Mt. Hawleys numbered allegations, as revised, supplemented, and/or amended. If the motion for leave to amend is granted, the amended Notice of Removal will become the operative removal in this matter without reference to any other document in the record. Signed by Magistrate Judge Erin Wilder-Doomes on 9/12/2023. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(BLR) [Transferred from Louisiana Middle on 4/24/2024.]
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| Filing 3 Certificate of Interested Persons by Mt. Hawley Insurance Company identifying Affiliate/Interested Person Mt. Hawley Insurance Company, Affiliate/Interested Person Taramore Square, LLC for Mt. Hawley Insurance Company. (Meaders, Julie) [Transferred from Louisiana Middle on 4/24/2024.] |
| Filing 2 Corporate Disclosure Statement by Mt. Hawley Insurance Company identifying Corporate Parent RLI Corp., Corporate Parent The Vanguard Group, Inc., Corporate Parent State Street Corporation, Corporate Parent Black Rock, Inc., Corporate Parent RLI Insurance Company for Mt. Hawley Insurance Company. (Meaders, Julie) [Transferred from Louisiana Middle on 4/24/2024.] |
| Filing 1 NOTICE OF REMOVAL from 19th JDC East Baton Rouge, Case Number 735527. (Filing fee $ 402 receipt number ALAMDC-2634039), filed by Mt. Hawley Insurance Company. (Attachments: #1 Exhibit Certified Copy of State Court Record, #2 Exhibit Plaintiff's Estimate, #3 Exhibit Notice to State Court of Removal, #4 Exhibit Listing, #5 Attachment Civil Cover Sheet)(Meaders, Julie) [Transferred from Louisiana Middle on 4/24/2024.] |
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