Case details

Court: nyed
Docket #: 1:13-cv-06659
Case Name: Robert and Patricia Davan v. Allstate Insurance Company
PACER case #: 349659
Date filed: 2013-11-30
Assigned to: Judge Kiyo A. Matsumoto
Referred to: Magistrate Judge Vera M. Scanlon
Case Cause: 42:4001 National Insurance Flood Act
Nature of Suit: 110 Insurance
Jury Demand: None
Jurisdiction: Diversity

Parties

Represented Party Attorney & Contact Info
Donna-Marie Korth
Mediator
Donna-Marie Korth
Email: dkorth@certilmanbalin.com PRO SE

Robert and Patricia Davan
Plaintiff
Sean Greenwood
Gauthier, Houghtaling & Williams, LLP 52 Duane Street, 7th Floor New York, NY 10007 (646) 461-9197 Fax: (713) 630-8074 Email: sean@ghwlegal.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Andrea Butler
Gauthier, Houghtaling, & Williams, LLP 2323 S Shepherd Dr, Ste 800 Houston, TX 77019 713-343-1614 Fax: 713-630-8074 Email: andrea@ghwlegal.com
PRO HAC VICE ATTORNEY TO BE NOTICED

Cate Biggs
Gauthier Houghtaling & Williams 2323 South Shepherd Drive Suite 800 Houston, TX 77019 713-343-1614 Fax: 713-630-8074 Email: cate@ghwlegal.com
ATTORNEY TO BE NOTICED

Allstate Insurance Company
Defendant
Gail M. Kelly
Conway Farrell Curtin and Kelly PC. 48 Wall Street 20th Floor New York, NY 10005 212-785-2929 Fax: 212-785-7229 Email: gkelly@conwayfarrell.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Anne Marie Esposito
Conway Farrell Curtin & Kelly, P.C. 48 Wall Street, 20th Floor New York, NY 10005 (212)993-9366 Fax: 212-993-9389 Email: amesposito@conwayfarrell.com
ATTORNEY TO BE NOTICED

Gino Forte
Nielsen, Carter & Treas, LLC 3838 N Causeway Blvd Suite 2850 Metairie, LA 70005 504-837-2500 Fax: 504-832-9165 Email: gforte@nct-law.com
ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2013-11-30 1 0 COMPLAINT against Allstate Insurance Company Disclosure Statement on Civil Cover Sheet completed -yes,, filed by Robert and Patricia Davan. (Attachments: # 1 Civil Cover Sheet) (Bowens, Priscilla) (Entered: 12/02/2013)
2013-12-02 2 0 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link:http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla) (Entered: 12/02/2013)
2013-12-06 3 0 Summons Issued as to Allstate Insurance Company. (Bowens, Priscilla) (Entered: 12/10/2013)
2013-12-20 4 0 MOTION for Extension of Time to File Answer re 1 Complaint by Allstate Insurance Company. (Kelly, Gail) (Entered: 12/20/2013)
2014-01-13 5 0 Letter to counsel regarding Hurricane Sandy Cases : See attached letter for details. Ordered by Magistrate Judge Cheryl L. Pollak on 1/13/2014. (Attachments: # 1 Spreadsheet in pdf format) Associated Cases: 1:14-mc-00041-CLP-GRB-RER et al. Spreadsheet in Excel format emailed to Mr. Greenwood. (Gapinski, Michele) (Entered: 01/13/2014)
2014-01-14 6 0 Practice and Procedure Order No. 1: Order governing the practice and procedure in those actions seeking insurance coverage for claims based on damage caused by Hurricane Sandy. See Order for details. Ordered by Magistrate Judges Cheryl L. Pollak, Gary R. Brown, and Ramon E. Reyes on 1/14/2014. Associated Cases: 1:14-mc-00041-CLP-GRB-RER et al. (Gapinski, Michele) (Entered: 01/14/2014)
2014-01-14 7 0 ORDER directing certain filings by counsel. See attached Order for details. Ordered by Magistrate Judges Cheryl L. Pollak, Gary R. Brown and Ramon E. Reyes on 1/14/2014. (Attachments: # 1 spreadsheet in pdf format) Associated Cases: 1:14-mc-00041-CLP-GRB-RER et al. (Gapinski, Michele) (Entered: 01/14/2014)
2014-01-17 8 0 Practice and Procedure Order No. 2 : See Order for details. Ordered by Magistrate Judges Cheryl L. Pollak, Gary R. Brown and Ramon E. Reyes on 1/17/2014. Associated Cases: 1:14-mc-00041-CLP-GRB-RER et al. (Gapinski, Michele) (Entered: 01/17/2014)
2014-01-17 9 0 Letter by Hurricane Sandy Cases (Attachments: # 1 EDNY-GHW MASTER LIST SECTION 1, # 2 EDNY-GHW MASTER LIST SECTION 2) Associated Cases: 1:14-mc-00041-CLP-GRB-RER et al. (Greenwood, Sean) (Entered: 01/17/2014)
2014-01-17 10 0 Letter by The RAIN Law Firm (Attachments: # 1 Exhibit RAIN Law Firm Schedule) Associated Cases: 1:14-mc-00041-CLP-GRB-RER et al. (Palmeri, Jack) (Entered: 01/17/2014)
2014-01-17 11 0 Letter , dated 1/17/2014, addressed to Ms. Previn Waran, providing spreadsheet of Pending Matters by Dayton Towers Corporation (Attachments: # 1 Exhibit Chart of Pending Cases) Associated Cases: 1:14-mc-00041-CLP-GRB-RER et al. (Schulman, Jeffrey) (Entered: 01/17/2014)
2014-01-17 12 0 Letter , dated 1/17/2014, addressed to Ms. Previn Waran, providing spreadsheet of Pending Matters by Dayton Towers Corporation (Attachments: # 1 Exhibit Chart of Matters) Associated Cases: 1:14-mc-00041-CLP-GRB-RER et al. (Schulman, Jeffrey) (Entered: 01/17/2014)
2014-01-17 13 0 Letter dated 1/17/14 addressed to Ms. Previn Waran by Mary Clavin (Attachments: # 1 Exhibit Spreadsheet of Matters) Associated Cases: 1:14-mc-00041-CLP-GRB-RER et al. (Pallaci, Vincent) (Entered: 01/17/2014)
2014-01-17 14 0 Letter by Hurricane Sandy Cases (Attachments: # 1 Exhibit Chart of Pending Cases) Associated Cases: 1:14-mc-00041-CLP-GRB-RER et al. (Nick, Glenn) (Entered: 01/17/2014)
2014-01-23 15 0 SCHEDULING ORDER: The Court has scheduled a conference in all Hurricane Sandy cases for 2/5/14 at 2:00 p.m. Counsel for all plaintiffs and all defendants are required to appear in person at the Federal Courthouse, 225 Cadman Plaza East, Brooklyn, New York, Ceremonial Courtroom. Counsel should be prepared to speak about each of their cases. So Ordered by Magistrate Judges Cheryl L. Pollak, Gary Brown, and Ramon E. Reyes, Jr. on 1/23/2014. Associated Cases: 1:14-mc-00041-CLP-GRB-RER et al. (Breslow, Sarah) (Entered: 01/23/2014)
2014-01-24 16 0 Letter spreadhseet of pending matters by Vadim Yentis Associated Cases: 1:14-mc-00041-CLP-GRB-RER et al. (Pedro, Verne) (Entered: 01/24/2014)
2014-01-28 17 0 NOTICE of Appearance by Costantino P. Suriano on behalf of Vigilant Insurance Company, Great Northern Insurance Company (aty to be noticed) Associated Cases: 1:14-mc-00041-CLP-GRB-RER et al. (Suriano, Costantino) (Entered: 01/28/2014)
2014-01-29 18 0 PRACTICE AND PROCEDURE ORDER NO. 3 : The directive in Practice and Procedure Order No. 1 Paragraph I D to use docket number 14-MC-41 for all filing in cases designated as Hurricane Sandy Cases is hereby rescinded. Going forward, unless otherwise directed by the Court, only the following matters shall be filed using docket number 14-MC- 41 in the civil case number entry: 1. Pro hac vice motions; 2. The schedule of cases and letters counsel were directed to file by Order dated January 14, 2014. Practice and Procedure Order No. 2 is also amended. See Attached Order for further details. Ordered by Magistrate Judge Cheryl L. Pollak on 1/29/2014. Associated Cases: 1:14-mc-00041-CLP-GRB-RER et al. (Gapinski, Michele) (Entered: 01/29/2014)
2014-01-31 19 0 Letter re Court's 1/14/14 Order, Dkt. 11 by Liberty Mutual Group, Inc. Associated Cases: 1:14-mc-00041-CLP-GRB-RER et al. (Barrasso, Judy) (Entered: 01/31/2014)
2014-01-31 20 0 Letter Response pursuant to January 14, 2014 Order by Federal Emergency Management Agency Associated Cases: 1:14-mc-00041-CLP-GRB-RER et al. (McFarland, Thomas) (Entered: 01/31/2014)
2014-01-31 21 0 Letter by American Security Insurance Company Associated Cases: 1:14-mc-00041-CLP-GRB-RER et al. (Noren, Benjamin) (Entered: 01/31/2014)
2014-01-31 22 0 Letter Response pursuant to January 14, 2014 Order by The Standard Fire Insurance Company Associated Cases: 1:14-mc-00041-CLP-GRB-RER et al. (Lockhart, Judith) (Entered: 01/31/2014)
2014-01-31 23 0 MOTION for Leave to Appear Pro Hac Vice (made on behalf of Gino Forte) Filing fee $ 25, receipt number 0207-6706659. by Hartford Insurance Company of the Midwest, Allstate Insurance Company, Allstate Insurance Company, Allstate Insurance Company, Allstate Insurance Company. (Attachments: # 1 Affidavit (Affidavit of Gino Forte with Certificates of Good Standing), # 2 Proposed Order) Associated Cases: 1:14-mc-00041-CLP-GRB-RER et al. (Kelly, Gail) (Entered: 01/31/2014)
2014-01-31 24 0 Letter Response Pursuant to January 14, 2014 Order by USAA Casualty Insurance Company Associated Cases: 1:14-mc-00041-CLP-GRB-RER et al. (Muir, Kristin) (Entered: 01/31/2014)
2014-02-04 25 0 ORDER granting (27) Motion for Leave to Appear Pro Hac Vice in case 2:13-cv-06478-SJF-ARL; granting (23) Motion for Leave to Appear Pro Hac Vice in case 1:13-cv-06659-KAM-VMS; granting (23) Motion for Leave to Appear Pro Hac Vice in case 1:13-cv-06663-NG-JO; granting (26) Motion for Leave to Appear Pro Hac Vice in case 1:13-cv-06656-JBW-RML; granting (23) Motion for Leave to Appear Pro Hac Vice in case 1:13-cv-06662-CBA-JMA; granting (212) Motion for Leave to Appear Pro Hac Vice in case 1:14-mc-00041-CLP-GRB-RER; granting (7) Motion for Leave to Appear Pro Hac Vice in case 2:14-cv-00635-ADS-GRB. So Ordered by Magistrate Judge Cheryl L. Pollak on 2/3/2014. Associated Cases: 1:14-mc-00041-CLP-GRB-RER et al. (Caggiano, Diana) (Entered: 02/04/2014)
2014-02-05 26 0 WAIVER OF SERVICE Returned Executed by Robert and Patricia Davan. Allstate Insurance Company waiver sent on 12/6/2013, answer due 2/10/2014. (Greenwood, Sean) (Entered: 02/05/2014)
2014-02-06 27 0 MINUTE ENTRY for Initial Conference proceeding held before MJ Pollak on 2/5/2014. Conference held before Judge Pollak, Judge Reyes, and Judge Brown. Order to issue. (Court Reporter: Anthony Frisolone) Associated Cases: 1:14-mc-00041-CLP-GRB-RER et al. (Caggiano, Diana) (Entered: 02/06/2014)
2014-02-10 28 0 Corporate Disclosure Statement by Allstate Insurance Company identifying Corporate Parent Allstate Insurance Holdings, LLC, Corporate Parent The Allstate Corporation for Allstate Insurance Company. (Kelly, Gail) (Entered: 02/10/2014)
2014-02-10 29 0 ANSWER to 1 Complaint by Allstate Insurance Company. (Kelly, Gail) (Entered: 02/10/2014)
2014-02-11 30 0 NOTICE of Appearance by Gino Forte on behalf of Allstate Insurance Company (aty to be noticed) (Forte, Gino) (Entered: 02/11/2014)
2014-02-18 31 0 Letter in response to Court's request made at the February 5, 2014 conference by Federal Emergency Management Agency Associated Cases: 1:14-mc-00041-CLP-GRB-RER et al. (McFarland, Thomas) (Entered: 02/18/2014)
2014-02-21 32 0 CASE MANAGEMENT ORDER NO. 1: So Ordered by Magistrate Judge Cheryl L. Pollak, Magistrate Judge Gary R. Brown, Magistrate Judge Ramon E. Reyes, Jr. on 2/21/2014. Associated Cases: 1:14-mc-00041-CLP-GRB-RER et al. (Caggiano, Diana) (Entered: 02/21/2014)
2014-02-25 33 0 NOTICE by Jared T. Greisman Notice to Insurer Defense Counsel From Defendants' Liaison Counsel Associated Cases: 1:14-mc-00041-CLP-GRB-RER et al. (Greisman, Jared) (Entered: 02/25/2014)
2014-02-27 34 0 NOTICE of Voluntary Dismissal by Robert and Patricia Davan (Cate, Biggs) (Entered: 02/27/2014)
2014-03-07 35 0 NOTICE by Jared Todd Greisman Defendants Liaison Counsel Jared T. Greisman's Commonly Occurring Legal Issues to the Court Associated Cases: 1:14-mc-00041-CLP-GRB-RER et al. (Greisman, Jared) (Entered: 03/07/2014)
2014-03-10 36 0 MOTION to Amend/Correct/Supplement (243 in 1:14-mc-00041-CLP-GRB-RER) Order by Federal Emergency Management Agency, W. Craig Fugate, Jeh Johnson, U.S. Department of Homeland Security. Associated Cases: 1:14-mc-00041-CLP-GRB-RER et al. (McFarland, Thomas) (Entered: 03/10/2014)
2014-03-11 37 0 ORDER: Plaintiffs' Liaison Counsel is Ordered to respond to the government's letter 275 on or before March 18, 2014. So Ordered by Magistrate Judges Cheryl L. Pollak, Gary R. Brown, and Ramon E. Reyes, Jr. on 3/11/2014. Associated Cases: 1:14-mc-00041-CLP-GRB-RER et al. (Breslow, Sarah) (Entered: 03/11/2014)
2014-03-19 38 0 ORDER granting 275 in case number 14-mc-41 and the associated cases. IT IS HEREBY ORDERED that CMO No. 1 is modified to require that, as to all cases in which FEMA is named as a defendant where the United States Attorney was not served prior to February 21, 2014, the 60-day period in which FEMA is required to produce the disclosures described in CMO No. 1 shall begin to run on the date that FEMA files its Answer or otherwise responds to the complaint. So Ordered by Magistrate Judge Cheryl L. Pollak on 3/19/2014. Associated Cases: 1:14-mc-00041-CLP-GRB-RER et al. (Caggiano, Diana) (Entered: 03/19/2014)
2014-03-25 39 0 NOTICE by Jared T. Greisman, Jared T. Greisman List of Issues Defendants' Liaison Counsel Wishes to Discuss at the March 27, 2014 Conference Associated Cases: 1:14-mc-00041-CLP-GRB-RER et al. (Greisman, Jared) (Entered: 03/25/2014)
2014-03-28 40 0 CASE MANAGEMENT ORDER #2 As set forth in the attached, it is hereby ORDERED as follows: 1.On or before April 10, 2014, counsel for defendants in each case involving an NFIP policy shall disclose to opposing counsel in writing whether that defendant intends to contest the receipt, form or amount of the proof(s) of loss submitted by plaintiff in that case; 2.On or before April 15, 2014, counsel for plaintiffs in each case involving an NFIP policy which defendant has identified a proof of loss issue under paragraph 1 above shall disclose in writing to opposing counsel (a) whether plaintiff contends that it has filed one or more proof(s) of loss, (b) the approximate submission dates of such proofs of loss, and (c) the total amount of losses identified therein; 3.In any case in which counsel identify instances in which one or more proofs of loss are to be filed prior to the FEMA deadline, counsel shall confer as to whether the case should be dismissed without prejudice or subject to other disposition. 4.This Order applies to any and all Hurricane Sandy NFIP cases that have been filed in this district and upon which counsel have appeared on or before the date of this Order, whether or not an answer has been filed or service has been perfected. (Brown, Gary) (Entered: 03/28/2014)
2014-04-04 41 0 NOTICE by Jared T. Greisman Letter From Defendants' Liaison Counsel to Hurricane Sandy Committee Associated Cases: 1:14-mc-00041-CLP-GRB-RER et al. (Greisman, Jared) (Entered: 04/04/2014)
2014-04-07 42 0 CASE MANAGEMENT ORDER #3Based on the foregoing, and as further described above, it is hereby ORDERED as follows:1.The motion for reconsideration and/or modification of CMO#1 by the NFIP carriers is DENIED;2.Parties with a good faith basis to believe that information outside the scope of CMO#1 must be provided in a particular, exceptional case shall, consistent with the directive set forth on page 9 of CMO#1, shall attempt to informally obtain that information from opposing counsel. Upon failure of good faith efforts to resolve a dispute, counsel shall, rather than engage in formal motion practice, serve a letter upon opposing counsel to preserve its rights. 3.For avoidance of doubt, any expert reports that have been created must be provided as part of the automatic discovery process prescribed in CMO#1.4.Defendants may conduct a sample of no more than thirty (30) site inspections, provided such inspections shall be completed by May 1, 2014, the results of which shall be provided to plaintiffs counsel no later than May 15, 2014. 5.On or before April 30, 2014, counsel shall identify a total of twenty (20) cases from those assigned to Magistrate Judges Brown, Levy, Pollak and Reyes to be scheduled for settlement conferences.6.The 14-day period to file a Notice of Arbitration or mediation stipulation has been extended to 30 days; thus, parties must file these documents on or before May 22, 2014. For any cases that are independently settled or otherwise resolved, the parties are directed to file a stipulation or notice of discontinuance within five days of resolution.7.The April 22 deadline contained in CMO#1 applies to any cases which were filed at the time of the issuance of CMO#1, even if those cases were subsequently dismissed and refiled to correct misjoinder, and whether or not service has been perfected as to the refiled cases. Ordered by Magistrate Judge Gary R. Brown on 4/7/2014. Associated Cases: 1:14-mc-00041-CLP-GRB-RER et al. (Brown, Gary) (Entered: 04/07/2014)
2014-04-10 43 0 NOTICE by Jared T. Greisman Supplemental Notice to Defense Counsel From Defendants' Liaison Counsel Associated Cases: 1:14-mc-00041-CLP-GRB-RER et al. (Greisman, Jared) (Entered: 04/10/2014)
2014-04-14 44 0 REVISED CASE MANAGEMENT ORDER #2:As set forth in the attached, it is hereby ORDERED as follows: 1.On or before April 10, 2014, counsel for defendants in each case involving an NFIP policy shall disclose to opposing counsel in writing whether that defendant intends to contest the receipt, form or amount of the proof(s) of loss submitted by plaintiff in that case; 2.On or before April 15, 2014, counsel for plaintiffs in each case involving an NFIP policy which defendant has identified a proof of loss issue under paragraph 1 above shall disclose in writing to opposing counsel (a) whether plaintiff contends that it has filed one or more proof(s) of loss, (b) the approximate submission dates of such proofs of loss, and (c) the total amount of losses identified therein; 3.In any case in which counsel identify instances in which one or more proofs of loss are to be filed prior to the FEMA deadline, counsel shall confer as to whether the case should be dismissed without prejudice or subject to other disposition; 4.This Order applies to any and all Hurricane Sandy NFIP cases that have been filed in this district and upon which counsel have appeared on or before the date of this Order, whether or not an answer has been filed or service has been perfected. Ordered by Magistrate Judges Gary R. Brown, Ramon E. Reyes, Jr. and Cheryl L. Pollak on 3/28/2014. Associated Cases: 1:14-mc-00041-CLP-GRB-RER et al.(Revising D.E. 308 (Gapinski, Michele) (Entered: 04/14/2014)
2014-04-24 45 0 CASE MANAGEMENT ORDER NUMBER 4 (CMO 4): As explained in the attached order, defendants who are parties to the cases where answers have not been filed, as set forth in the attached list, are ORDERED to file an answer by May 7, 2014. The answer shall be filed only under the Docket Number of the individual case. Do NOT spread the answer to all cases. In lieu of an answer, defendants may submit a letter to the subcommittee of Magistrate Judges by May 7, 2014, filed only under Docket No. 14 MC 41, explaining why an answer has not been filed in a specific case. In cases where no answer has been filed because the parties agreed to a stipulated extension of time to answer, but no prior court approval was obtained, defendants are Ordered to answer by May 7, 2014, or seek the approval of the subcommittee of Magistrate Judges for the extension.Additionally, it is ORDERED that Notices of Appearance be filed in each Hurricane Sandy case by May 7, 2014. The Notice of Appearance should be filed only under the docket number of the individual case and not spread to all cases. By contrast, pursuant to CMO 1, any motions for pro hac vice must be filed under 14 MC 41, as well as in the individual cases in which an attorney wishes to appear. So Ordered by Magistrate Judges Cheryl L. Pollak, Gary R. Brown, and Ramon E. Reyes, Jr. on 4/24/2014. (Attachments: # 1 Appendix List of cases without answers) Associated Cases: 1:14-mc-00041-CLP-GRB-RER et al. (Breslow, Sarah) (Entered: 04/24/2014)
2014-05-02 46 0 CASE MANAGEMENT ORDER 5: By May 15, 2014, defendants are directed to provide the Court with a list of the commonly occurring deficiencies in discovery that defendants have identified and believe will prevent meaningful settlement discussions, along with a list of the docket numbers of the cases in which each such problem has occurred. To the extent that plaintiffs are aware of any of these deficiencies occurring in their own cases, they should take the necessary steps to immediately remedy such deficiencies. See attached Order for details. So Ordered by Magistrate Judge Cheryl L. Pollak on 5/2/2014. Associated Cases: 1:14-mc-00041-CLP-GRB-RER et al. (Weissman, Eve) Modified on 5/2/2014 (Weissman, Eve). (Entered: 05/02/2014)
2014-05-02 47 0 MODIFICATION OF CASE MANAGEMENT ORDER No 1: CMO 1 is modified to permit information exchanged after April 21, 2014 (the deadline for the first phase of automatic discovery required under CMO 1) to be used during case mediations. (See CMO 1 at 6-9). Additionally, defendants request for additional time to provide the Sandy Subcommittee with a list of cases for early settlement is granted. So Ordered by Magistrate Judge Cheryl L. Pollak on 5/2/2014. Associated Cases: 1:14-mc-00041-CLP-GRB-RER et al. (Weissman, Eve) Modified on 5/2/2014 (Weissman, Eve). (Entered: 05/02/2014)
2014-05-02 48 0 Letter Letter to Judges requesting an extension of time by Jared T. Greisman Associated Cases: 1:14-mc-00041-CLP-GRB-RER et al. (Greisman, Jared) (Entered: 05/02/2014)
2014-05-09 49 0 CORRECTED ORDER: Pursuant to Case Management Order Number 1 ("CMO 1"), the parties were Ordered to submit a Notice of Arbitration in accordance with Local Rule 83.7, or alternatively, to submit a stipulation consenting to mediation, within 14 days of the completion of expedited discovery. (CMO 1 at 10, see also CMO 1, Exs. C, D). To ease administration and assignment of these cases, counsel in all Hurricane Sandy Cases are hereby Ordered to submit copies of any stipulations for mediation and arbitration to Liaison Counsel by 5/22/14, and to indicate on such stipulations whether the parties are seeking to use private mediators or the Court's mediation program. To further assist the Court, Liaison Counsel is directed to compile a list of these stipulations, and to designate on such list whether the parties in a particular case seek to engage in arbitration or mediation, and whether they have noted an intention to use a private mediator in lieu of the Court's mediation program. Liaison Counsel is directed to submit the list to the Court by 6/6/14. So Ordered by Magistrate Judge Cheryl L. Pollak, Magistrate Judge Gary Brown, and Magisrate Judge Ramon E. Reyes, Jr. on 5/9/2014. Associated Cases: 1:14-mc-00041-CLP-GRB-RER et al. (Caggiano, Diana) (Main Document 370 replaced on 5/9/2014) (Caggiano, Diana). Modified on 5/9/2014 (Caggiano, Diana). Modified on 5/9/2014 (Caggiano, Diana). (Entered: 05/09/2014)
2014-05-19 50 0 CASE MANAGEMENT ORDER NO. 6. So Ordered by Magistrate Judge Cheryl L. Pollak, Magistrate Judge Gary Brown, and Magistrate Judge Ramon E. Reyes on 5/19/2014. Associated Cases: 1:14-mc-00041-CLP-GRB-RER et al. (Caggiano, Diana) (Entered: 05/19/2014)
2014-06-04 51 0 ORDER: CASE MANAGEMENT ORDER NO. 7 So Ordered by Magistrate Judge Cheryl L. Pollak, Magistrate Judge Gary Brown, and Magistrate Judge Ramon E. Reyes on 6/4/2014. Associated Cases: 1:14-mc-00041-CLP-GRB-RER et al. (Caggiano, Diana) (Entered: 06/04/2014)
2014-06-05 52 0 REPORT AND RECOMMENDATION: For the reasons set forth herein, and based upon plaintiffs' failure to comply with the unambiguous directives contained in CMO 1, it is respectfully recommended that the district judges presiding in each of the above-captioned actions (listed in Appendix A) enter an order dismissing plaintiffs' state law claims and claims for damages that are not available under New York law. Objections to R&R due by 6/23/2014. So Ordered by Magistrate Judge Cheryl L. Pollak, Magistrate Judge Gary Brown, and Magistrate Judge Ramon E. Reyes, Jr. on 6/4/2014. Associated Cases: 1:14-mc-00041-CLP-GRB-RER et al. (Caggiano, Diana) (Entered: 06/05/2014)
2014-06-11 53 0 STIPULATION re 32 Order, 51 Order, to Submit Dispute to Mediation by Plaintiffs Robert and Patricia Davan and by Allstate Insurance Company (Forte, Gino) (Entered: 06/11/2014)
2014-06-11 54 0 NOTICE by Allstate Insurance Company re 53 Stipulation (Forte, Gino) (Entered: 06/11/2014)
2014-06-16 55 0 ORDER AMENDING REPORT & RECOMMENDATION 393 : Appendix A to the June 5, 2014 R&R has been amended to reflect a corrected list of cases to which the R&R applies. The Amended Appendix A also contains at least one other case that was not originally included in the original Appendix A. Accordingly, it is ORDERED that the Amended Appendix A, attached hereto, be substituted for the previous Appendix A. It is respectfully recommended that, pursuant to the prior June 5, 2014 R&R, the district judges presiding in each of the actions listed in the Amended Appendix A enter an order dismissing the state law claims and claims for damages that are not available under New York law. So Ordered by Magistrate Judge Cheryl L. Pollak on 6/16/2014. Associated Cases: 1:14-mc-00041-CLP-GRB-RER et al. (Weissman, Eve) (Entered: 06/16/2014)
2014-06-24 56 0 CASE MANAGEMENT ORDER 8. On June 19, 2014, the Hurricane Sandy Committee of Magistrate Judges met with Plaintiffs' and Defendants' Liaison Counsel, as well as counsel for FEMA, to address a number of issues that have arisen during the course of preparing the Hurricane Sandy cases for mediation. See CMO 8 for the details and Court Ordered deadlines. So Ordered by Magistrate Judges Cheryl L. Pollak, Ramon E. Reyes, Jr., and Gary R. Brown on 6/24/2014. Associated Cases: 1:14-mc-00041-CLP-GRB-RER et al. (Weissman, Eve) (Entered: 06/24/2014)
2014-06-30 57 0 ORDER re (423 in 1:14-mc-00041-CLP-GRB-RER): Plaintiffs' Liaison Counsel shall have until July 14, 2014 to file its response to Defendants' Liaison Counsel's Letter of June 18, 2014. Ordered by Magistrate Judge Cheryl L. Pollak on 6/30/2014. Associated Cases: 1:14-mc-00041-CLP-GRB-RER et al. (Gapinski, Michele) (Entered: 06/30/2014)
2014-07-18 58 0 ELECTRONIC SCHEDULING ORDER: An in person status conference / hearing is scheduled for Wednesday, July 30, 2014 at 2:00 p.m. EST to address the conflict issue raised in Docket Nos. 451 and 452 as well as FEMA's position on placeholder proof of loss, see Docket No. 454 . Liaison counsel is Order to appear, along with FEMA, Mr. Houghtaling, and local counsel for the Gauthier firm. So Ordered by Magistrate Judge Cheryl L. Pollak on 7/18/2014. Associated Cases: 1:14-mc-00041-CLP-GRB-RER et al. (Weissman, Eve) (Entered: 07/18/2014)
2014-07-31 59 0 ORDER. In furtherance of the request at the conclusion of the July 30, 2014 conference, the Committee orders that counsel for FEMA indicate in writing no later than August 8, 2014, whether, prior to filing any summary judgment motions, FEMA will permit the WYO carriers to submit to mediation in good faith those cases in which the placeholder proof of loss issue has been raised, and if appropriate following such mediation, seek a waiver from any FEMA regulations that may not have been complied with in any given case. Again, the Committee believes this is the most efficient and equitable way to handle these cases, and urges FEMA and the WYO carriers to consent to mediation in good faith in these particular cases. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 7/31/2014. Associated Cases: 1:14-mc-00041-CLP-GRB-RER et al. (Reyes, Ramon) (Entered: 07/31/2014)
2014-07-31 60 0 ORDER. In furtherance of the request at the conclusion of the July 30, 2014 conference, the Committee orders that counsel for FEMA indicate in writing no later than August 8, 2014, whether, prior to filing any summary judgment motions, FEMA will permit the WYO carriers to submit to mediation in good faith those cases in which the placeholder proof of loss issue has been raised, and if appropriate following such mediation, seek a waiver from any FEMA regulations that may not have been complied with in any given case. Again, the Committee believes this is the most efficient and equitable way to handle these cases, and urges FEMA and the WYO carriers to consent to mediation in good faith in these particular cases. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 7/31/2014. Associated Cases: 1:14-mc-00041-CLP-GRB-RER et al. (Reyes, Ramon) (Entered: 07/31/2014)
2014-08-22 61 0 CASE MANAGEMENT ORDER NO. 9: ORDERED that whenever a motion has been filed in a Hurricane Sandy case, counsel filing the motion shall mail a courtesy copy of the Notice of Motion (without supporting documentation) to each of the undersigned Hurricane Sandy Committee members, indicating the docket number and name of the case. Ordered by Magistrate Judges Cheryl L. Pollak, Gary R. Brown, and Ramon E. Reyes, Jr. on 8/22/2014. Associated Cases: 1:14-mc-00041-CLP-GRB-RER et al. (Gapinski, Michele) (Entered: 08/22/2014)
2014-09-05 62 0 NOTICE by Jared T. Greisman Supplemental Notice to Defense Counsel From Defendants' Liaison Counsel Associated Cases: 1:14-mc-00041-CLP-GRB-RER et al. (Greisman, Jared) (Entered: 09/05/2014)
2014-09-17 63 0 NOTICE of Appearance by Anne Marie Esposito on behalf of Allstate Insurance Company (aty to be noticed) (Esposito, Anne) (Entered: 09/17/2014)
2014-09-18 64 0 TRANSCRIPT of Proceedings held on 9/16/14, before Judge Pollak, Judge Reyes & Judge Brown. Court Transcriber: TRANSCRIPTION PLUS II. Email address: laferrara44@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/9/2014. Redacted Transcript Deadline set for 10/20/2014. Release of Transcript Restriction set for 12/17/2014. Associated Cases: 1:14-mc-00041-CLP-GRB-RER et al. (Hong, Loan) (Entered: 09/18/2014)
2014-09-22 65 0 SELECTION OF MEDIATOR Donna-Marie Korth selected as Mediator. The first mediation session will take place on February 5, 2015 at 2:00 p.m. at Certilman Balin Adler & Hyman, LLP, 90 Merrick Avenue, 9th Floor, East Meadow, NY 11554. Seven days on or before the session date, counsel shall file with the Mediator their client's mediation statement summarizing the facts,legal issues, particulars of any prior settlement discussions, and the name and title of the client or client representative with full settlement authority who will attend the mediation in person. Attendance in person is required of the trial attorney, insurance adjuster, and client or client representative with full settlement authority. The Confidentiality Stipulation will be signed at the mediation session by all participants and the Mediator and returned to the ADR Administrator, Gerald Lepp, by fax (718) 613-2368. Contact information for the Mediator is on the docket sheet. Questionnaire for Attorneys in Mediated Cases (www.nyed.uscourts.gov/mediation) to be filed with ADR Administrator within two weeks following mediation session. (Esposito, Anne) (Entered: 09/22/2014)
2014-09-26 66 0 CASE MANAGEMENT ORDER No. 10 : Regarding Subpoenas to Canopy Claims and SE2 Engineering, and Impediments to Settlements. See Order for details.. Ordered by Magistrate Judge Cheryl L. Pollak on 9/26/2014. Associated Cases: 1:14-mc-00041-CLP-GRB-RER et al. (Gapinski, Michele) (Entered: 09/26/2014)
2014-10-16 67 0 CASE MANAGEMENT ORDER NO. 11: In lieu of filing letters regarding mediation issues and requests for trial dates with assigned judge, counsel shall submit such issues to the Hurricane Sandy Committee. SEE ATTACHED ORDER FOR FURTHER DETAILS. Ordered by Magistrate Judges Cheryl L. Pollak, Ramon E. Reyes, Jr. and Gary R. Brown on 10/14/2014. Associated Cases: 1:14-mc-00041-CLP-GRB-RER et al. (Gapinski, Michele) (Entered: 10/16/2014)
2014-11-05 68 0 SCHEDULING ORDER: ORDERED Liaison Counsel and counsel for FEMA in the Hurricane Sandy Cases to appear in person for a conference to be held on November 25, 2014 at 12:00 p.m. The conference will take place in Courtroom 13B Sou th, of the Federal Courthouse, 225 Cadman Plaza East, Brooklyn, N.Y. 11201. Attorneys other than Liaison Counsel are welcome to, but are not required to, attend. See attached order for details. Ordered by Magistrate Judges Cheryl L. Pollak, Ramon E. Reyes, Jr. and Gary R. Brown on 11/4/2014. Associated Cases: 1:14-mc-00041-CLP-GRB-RER et al. (Gapinski, Michele) (Entered: 11/05/2014)
2014-11-07 69 0 ORDER: denying (57) Motion for Discovery in case 2:14-cv-00461-JFB-SIL, but granting other relief in all Sandy cases. Based on the reasons set forth in the attached Order, it is hereby ORDERED that: 1. In the Raimey case, purs uant to Rule 37, defendant Wright is prohibited from supporting its defenses or opposing plaintiffs' claims with any expert testimony other than that of George Hernemar, and they may not produce, rely upon or create any expert reports other than those already produced. 2. By December 12, 2014, plaintiffs' counsel in Raimey may make application to the Court for reimbursement from defendant's counsel for all reasonable costs associated with this motion, the hearing and all related briefing, including attorneys' fees, travel costs and transcription costs, consistent with the rulings set forth herein; and 3. By December 12, 2014, defendants in all Hurricane Sandy cases shall provide plaintiffs with copies of all reports described in CMO 1 not previously produced - plus any drafts, redlines, markups, reports, notes, measurements, photographs and written communications related thereto - prepared, collected or taken by any engineer, adjustor or other agent or contractor affiliated with any defendant, relating to the properties and damage at issue in each and every case, whether such documents are in the possession of defendant or any third party. Ordered by Magistrate Judge Gary R. Brown on 11/7/2014. (This is a duplicate of D.E. 637 which is being spread to all Sandy cases per Judge Brown's instruction). Associated Cases: 1:14-mc-00041-CLP-GRB-RER et al. (Gapinski, Michele) (Entered: 11/14/2014)
2014-11-20 70 0 CASE MANAGEMENT ORDER NO. 12: Order setting forth procedure for selection of mediators and directing parties to proceed with any scheduled mediation sessions. SEE ATTACHED ORDER FOR DETAILS. Ordered by Magistrate Judges Cheryl L. Pollak, Ramon E. Reyes, Jr., and Gary R. Brown on 11/20/2014. Associated Cases: 1:14-mc-00041-CLP-GRB-RER et al. (Gapinski, Michele) (Entered: 11/20/2014)
2014-11-20 71 0 NOTICE of Appearance by Cate Biggs on behalf of All Plaintiffs (aty to be noticed) Associated Cases: 1:14-mc-00041-CLP-GRB-RER et al. (Biggs, Cate) (Entered: 11/20/2014)
2014-11-21 72 0 NOTICE of Appearance by Andrea Butler on behalf of All Plaintiffs (aty to be noticed) Associated Cases: 1:14-mc-00041-CLP-GRB-RER et al. (Butler, Andrea) (Entered: 11/21/2014)
2014-11-21 73 0 Letter by State Farm Fire And Casualty Company Associated Cases: 1:14-mc-00041-CLP-GRB-RER et al. (Dunham, Douglas) (Entered: 11/21/2014)
2014-11-21 74 0 MOTION for Reconsideration of Paragraph 3 of the November 7, 2014 Order on behalf of all FEMA defendants in Hurricane Sandy Cases by W. Craig Fugate. (Attachments: # 1 Memorandum in Support) Associated Cases: 1:14-mc-00041-CLP-GRB-RER et al. (Merchant, Orelia) (Entered: 11/21/2014)
2014-11-21 75 0 NOTICE by Defendants' Liaison Counsel Letter to Sandy Committee Regarding Application of Raimey Order to non WYO Defendants Associated Cases: 1:14-mc-00041-CLP-GRB-RER et al. (Greisman, Jared) (Entered: 11/21/2014)
2014-11-21 76 0 APPEAL OF MAGISTRATE JUDGE DECISION to District Court by Federal Emergency Management Agency, W. Craig Fugate, Jeh Johnson re (637 in 1:14-mc-00041-CLP-GRB-RER) Order on Motion for Discovery,,,,,, (Attachments: # 1 Memorandum in Support of Appeal of Decision of Magistrate Judge) (McFarland, Thomas) (Entered: 11/21/2014)
2014-11-21 77 0 Letter by Allstate Insurance Company, American Bankers Insurance Company of Florida, Fidelity National Insurance Company, Stillwater Insurance Company, Wright National Flood Insurance Company, Fidelity National Property and Casualty Insurance Company, Selective Insurance Company of America, Liberty Mutual Fire Insurance Company, Selective Insurance Company of New York, Allstate Insurance Company, Stillwater Insurance Group, Fidelity National Property & Casualty Insurance Company, Philadelphia Indemnity Insurance Company, Allstate Insurance Company, Allstate Insurance Company, Hartford Insurance Company of the Midwest, Allstate Indemnity Company, Fidelity National Idemnity Insurance Company, Stillwater Property and Casualty Insurance Company, Liberty Mutual Fire Insurance Company, All State Insurance Company, American Bankers Insurance Company of Florida, Fidelity National Property and Casualty Insurance Company d/b/a Wright National Flood Insurance Company, Fidelity National Indemnity Insurance Company, Still Water Property and Casualty Insurance, Hurricane Sandy Cases, Allstate Insurance Company Associated Cases: 1:14-mc-00041-CLP-GRB-RER et al. (Brenner, Theodore) (Entered: 11/21/2014)
2014-11-21 78 0 Letter by Stillwater Insurance Company, Wright National Flood Insurance Company Associated Cases: 1:14-mc-00041-CLP-GRB-RER et al. (Brenner, Theodore) (Entered: 11/21/2014)
2014-11-21 79 0 Letter by Allstate Insurance Company, American Bankers Insurance Company of Florida, Fidelity National Insurance Company, Stillwater Insurance Company, Wright National Flood Insurance Company, Fidelity National Property and Casualty Insurance Company, Selective Insurance Company of America, Selective Insurance Company of New York, Allstate Insurance Company, Stillwater Insurance Group, Fidelity National Property & Casualty Insurance Company, Allstate Insurance Company Associated Cases: 1:14-mc-00041-CLP-GRB-RER et al. (Brenner, Theodore) (Entered: 11/21/2014)
2014-11-21 80 0 NOTICE by Allstate Insurance Company, Allstate Insurance Company, Allstate Insurance Company, Allstate Insurance Company, Allstate Insurance Company, Allstate Insurance Company, Allstate Insurance Company Rule 72 Objections to Doc 637 Associated Cases: 1:14-mc-00041-CLP-GRB-RER et al. (Kelly, Gail) (Entered: 11/21/2014)
2014-11-24 81 0 MOTION for Reconsideration of MJ Brown Order Document 637 by Allstate Insurance Company, Allstate Insurance Company, Allstate Insurance Company, Allstate Insurance Company, Allstate Insurance Company, Allstate Insurance Company, Allstate Insurance Company. (Attachments: # 1 Memorandum in Support, # 2 Affidavit in Support) Associated Cases: 1:14-mc-00041-CLP-GRB-RER et al. (Esposito, Anne) (Entered: 11/24/2014)
2014-12-02 82 0 CASE MANAGEMENT ORDER NO. 13: This Order provides certain procedures to deal with mediations problems that have been identified to the Committee. SEE ATTACHED ORDER FOR DETAILS . Ordered by Magistrate Judges Cher yl L. Pollak,Ramon E. Reyes, Jr., and Gary R. Brown on 12/2/2014. Associated Cases: 1:14-mc-00041-CLP-GRB-RER et al. (Gapinski, Michele) (Entered: 12/02/2014)