Case details

Court: nyed
Docket #: 2:15-cv-00242
Case Name: Sunrise One LLC et al v. Harleysville Insurance Company of New York
PACER case #: 365196
Date filed: 2015-01-15
Assigned to: Judge Joseph F. Bianco
Referred to: Magistrate Judge Gary R. Brown
Case Cause: 28:1332 Diversity-Breach of Contract
Nature of Suit: 110 Insurance
Jury Demand: Plaintiff
Jurisdiction: Diversity

Parties

Represented Party Attorney & Contact Info
Sunrise One LLC
Plaintiff
Janelle C.L. Matthews
Merlin Law Group 100 Park Avenue 16th Floor New York, NY 10017 212-351-5017 Fax: 212-984-0698 Email: jmatthews@merlinlawgroup.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jason Marc Cieri
Merlin Law Group, P.A. 100 Park Avenue 16th Floor New York, NY 10017 212-351-5017 Fax: 212-984-0698 Email: jcieri@merlinlawgroup.com
ATTORNEY TO BE NOTICED

Javier Delgado
Merlin Law Group 100 Park Avenue 16th Floor New York, NY 10017 212-351-5017 Fax: 212-880-6499 Email: jdelgado@merlinlawgroup.com
ATTORNEY TO BE NOTICED

Sunrise One Operating LLC
Plaintiff
doing business asRockville Centre Inn.
Janelle C.L. Matthews
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jason Marc Cieri
(See above for address)
ATTORNEY TO BE NOTICED

Javier Delgado
(See above for address)
ATTORNEY TO BE NOTICED

Harleysville Insurance Company of New York
Defendant
Jeffrey Scott Matty
Kaufman Dolowich & Voluck, LLP 60 Broad Street 36th Floor New York, NY 10004 212-485-9600 Fax: 212-485-9700 Email: jmatty@kdvlaw.com
TERMINATED: 02/24/2016 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Pejman Nassi
Kaufman Dolowich & Voluck, LLP 135 Crossways Park Drive Suite 201 Woodbury, NY 11797 (516)681-1100 Fax: (516)681-1101 Email: snassi@kdvlaw.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Benjamin R. Messing
Kaufman Dolowich & Voluck LLP 1777 Sentry Parkway West Veva 17, Suite 100 Blue Bell, PA 19422 215-461-1100 Fax: 215-461-1300 Email: bmessing@kdvlaw.com
ATTORNEY TO BE NOTICED

Eric B. Stern
Kaufman Dolowich Voluck & Gonzo LLP 135 Crossways Park Drive Woodbury, NY 11797 516-681-1100 Fax: 516-681-1101 Email: estern@kdvglaw.com
TERMINATED: 02/24/2016 ATTORNEY TO BE NOTICED

Mr. John Minor
Material Witness
Verne Alan Pedro
Ellis Ged & Bodden 591 Midland Avenue Staten Island, NY 10306 732-892-5161 Fax: 732-612-1387 Email: vpedro@egblaw.com
ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2015-01-15 1 0 COMPLAINT against Harleysville Insurance Company of New York Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Sunrise One LLC, Sunrise Two Operating LLC. (Attachments: # 1 Civil Cover Sheet) (McMorrow, Karen) (Entered: 01/20/2015)
2015-01-20 2 0 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (McMorrow, Karen) (Entered: 01/20/2015)
2015-01-20 3 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. (McMorrow, Karen) (Entered: 01/20/2015)
2015-02-17 4 0 Letter MOTION for Disclosure exclude Johnston case from Raimey hearing by Frank Johnston. Associated Cases: 1:14-mc-00041-CLP-GRB-RER et al. (Bertolino, Steven) (Entered: 02/17/2015)
2015-02-17 5 0 Proposed Summons. Re 1 Complaint by Sunrise One LLC, Sunrise Two Operating LLC (Delgado, Javier) (Entered: 02/17/2015)
2015-02-17 6 0 ENDORSED LETTER ORDER granting (999) in case 1:14-mc-00041-CLP-GRB-RER. The request to exclude Johnson from the February 19, 2015 hearing is hereby GRANTED. So Ordered by Magistrate Judge Cheryl L. Pollak on 2/17/2015. Associated Cases: 1:14-mc-00041-CLP-GRB-RER et al. (Wiener, Benjamin) (Entered: 02/17/2015)
2015-02-18 7 0 Summons Issued as to All Defendants. (Bollbach, Jean) (Entered: 02/18/2015)
2015-02-27 8 0 SCHEDULING ORDER: In light of the progress that has been made resolving Hurricane Sandy cases, all mediations and other proceedings in flood insurance cases are hereby stayed until March 16, 2015. So Ordered by Magistrate Judges Cheryl L. Pollak, Gary R. Brown, and Ramon E. Reyes, Jr. on 2/27/2015. Associated Cases: 1:14-mc-00041-CLP-GRB-RER et al. (Wiener, Benjamin) (Entered: 02/27/2015)
2015-03-05 9 0 TRANSCRIPT of Proceedings held on 2/25/15, before Judge Pollak, Reyes & Brown. Court Reporter/Transcriber TRANSCRIPTION PLUS II. Email address: laferrara44@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 3/26/2015. Redacted Transcript Deadline set for 4/6/2015. Release of Transcript Restriction set for 6/3/2015. Associated Cases: 1:14-mc-00041-CLP-GRB-RER et al. (Hong, Loan) (Entered: 03/05/2015)
2015-03-10 10 0 SCHEDULING ORDER: In light of continued progress in resolving Hurricane Sandy cases with claims concerning flood insurance, all mediations and other court proceedings in flood insurance cases are hereby stayed until March 31, 2015, in order to allow the parties to focus on settlement discussions. The parties in these cases should continue to make mandatory disclosures pursuant to the Case Management Orders, pending further Orders from the Committee. So Ordered by Magistrate Judges Ramon E. Reyes, Jr., Gary R. Brown, and Cheryl L. Pollak on 3/10/2015. (Wiener, Benjamin) (Entered: 03/10/2015)
2015-03-13 11 0 SCHEDULING ORDER: For the reasons stated herein, is hereby ORDERED that J. Steve Mostyn, Plaintiffs Liaison Counsel, shall advise the Court by close of business on Monday, March 16, 2015 if there continues to be a dispute over the language in the release. If a dispute remains, the Committee will hold a hearing to discuss the matter on March 19, 2015 at 1:00 p.m. Any interested party, including any WYO Carrier and/or their counsel, are to appear in person in Courtroom 13-B South at the Brooklyn Courthouse, 225 Cadman Plaza East, Brooklyn, NY, or by telephone. Mr. Mostyn is directed to set up a conference call number for the hearing, and to distribute it to those parties who wish to appear by phone. So Ordered by Magistrate Judge Cheryl L. Pollak on 3/13/2015. Associated Cases: 1:14-mc-00041-CLP-GRB-RER et al. (Wiener, Benjamin) (Entered: 03/13/2015)
2015-03-25 12 0 SCHEDULING ORDER: On February 27, 2015, the undersigned issued a stay with respect to ongoing mediations and court proceedings in the Hurricane Sandy cases with claims concerning flood insurance. On March 10, 2015, the stay was extended until March 31, 2015. In light of continued progress in resolving these cases, the stay is further extended in flood insurance cases until April 30, 2015, in order to allow the parties to focus on settlement discussions. The parties in these cases should continue to make mandatory disclosures pursuant to the Case Management Orders, pending further Orders from the Committee. So Ordered by Magistrate Judges Cheryl L. Pollak, Gary R. Brown, and Ramon E. Reyes, Jr. on 3/25/2015. Associated Cases: 1:14-mc-00041-CLP-GRB-RER et al. (Wiener, Benjamin) (Entered: 03/25/2015)
2015-04-03 13 0 SCHEDULING ORDER: On March 31, 2015, J. Steve Mostyn, Plaintiffs Liaison Counsel, informed the Committee that an additional 129 cases had tentatively settled and moved to administratively close these cases. Mr. Mostyn indicated that FEMA did not object to the administrative closure of these cases, but did not say whether the defendants in these cases consented. In light of the foregoing, if any of the defendants in the cases referenced in 1036 wishes to object to their administrative closure, they must do so by April 7, 2015. So Ordered by Magistrate Judge Cheryl L. Pollak on 4/3/2015.Associated Cases: 1:14-mc-00041-CLP-GRB-RER et al. (Hinds, Mariam) (Entered: 04/03/2015)
2015-04-07 14 0 Letter MOTION for Extension of Time to File Answer re 1 Complaint and Stipulation as to Mediation by Harleysville Insurance Company of New York. (Stern, Eric) (Entered: 04/07/2015)
2015-04-15 15 0 SCHEDULING ORDER: For the reasons stated herein, an in-person hearing is scheduled for April 27, 2015 at 10:30 a.m in Courtroom 13-B South at the Brooklyn Courthouse, 225 Cadman Plaza East, Brooklyn, NY. Plaintiffs counsel, counsel and representatives with settlement authority from the Write Your Own Carriers, FEMA, the United States Attorneys Office, and the General Counsel of the Department of Homeland Security are Ordered to appear, along with counsel and representatives with settlement authority from New York Rising, the Department of Housing and Urban Development, the United States Small Business Administration, and any other interested entity with subrogation claims. Counsel should be advised that, should these matters not be resolved on April 27th, the undersigned will proceed with evidentiary hearings, beginning in May and continuing throughout June and July 2015, concerning alleged improper practices. Moreover, the mediations that were previously adjourned on the representation that settlement discussions were being pursued in good faith will be rescheduled beginning on May 1, 2015. On or before April 23, 2015, Plaintiffs Liaison Counsel shall prepare a list of all affected cases, and provide the same to the Court and counsel, identifying the issue(s) to be resolved in each case (e.g. engineering report issues, software discrepancies, etc.), and the relief requested. So Ordered by Magistrate Judges Gary R. Brown, Ramon E. Reyes, Jr. and Cheryl L. Pollak on 4/15/2015. (Wiener, Benjamin) (Entered: 04/15/2015)
2015-04-17 16 0 ORDER: On 4/15/15, the Hurricane Sandy Committee issued an Order scheduling an in-person hearing for 4/27/15, beginning at 10:30 a.m., Courtroom 13-B South, United States Courthouse, 225 Cadman Plaza East, Brooklyn, N.Y. 11201. In addition to the participants listed in the April 15th Order, the Committee also directs Adrian Sevier, the Chief Counsel of FEMA, to appear. So Ordered by Magistrate Judge Cheryl L. Pollak on 4/17/2015. Associated Cases: 1:14-mc-00041-CLP-GRB-RER et al. (Caggiano, Diana) (Entered: 04/17/2015)
2015-04-23 17 0 ORDER re 4/27/15 hearing: For the reasons stated herein, the Committee finds that participation by ALL WYO Carriers is necessary to maximize the effectiveness of the April 27, 2015 conference, and hereby ORDERS that counsel and representatives from ALL WYO Carriers appear in-person at the conference on April 27, 2015, notwithstanding any previous order or directive from Chambers excusing the participation of any WYO Carrier. No exceptions to the in-person requirement will be granted. So Ordered by Magistrate Judges Ramon E. Reyes, Jr., Gary R. Brown, and Cheryl L. Pollak on 4/23/2015. (Wiener, Benjamin) (Entered: 04/23/2015)
2015-04-28 18 0 ORDER. On April 27, 2015, the Committe held a day-long conference to address issues that had arisen during the course of settlement negotiations. In light of the discussion at the conference, the stay is hereby extended through May 29, 2015, except with respect to the hearings discussed at the conference, which are in the process of being scheduled. So Ordered by Magistrate Judges Cheryl L. Pollak, Ramon E. Reyes, Jr., and Gary R. Brown on 4/28/2015. Associated Cases: 1:14-mc-00041-CLP-GRB-RER et al. (Wiener, Benjamin) (Entered: 04/28/2015)
2015-04-30 19 0 ANSWER to 1 Complaint by Harleysville Insurance Company of New York. (Matty, Jeffrey) (Entered: 04/30/2015)
2015-04-30 20 0 NOTICE of Appearance by Jeffrey Scott Matty on behalf of Harleysville Insurance Company of New York (notification declined or already on case) (Matty, Jeffrey) (Entered: 04/30/2015)
2015-04-30 21 0 Corporate Disclosure Statement by Harleysville Insurance Company of New York identifying Corporate Parent Nationwide Mutual Insurance Company for Harleysville Insurance Company of New York. (Matty, Jeffrey) (Entered: 04/30/2015)
2015-05-04 22 0 SCHEDULING ORDER: For the reasons stated herein, the undersigned will conduct a hearing beginning on May 20, 2015, and continuing on May 21, in connection with any issues raised in the Standard Fire cases. The hearing willtake place in Courtroom 13B-S in the Brooklyn Courthouse, 225 Cadman Plaza E., Brooklyn, N.Y, beginning at 10:00 a.m. By May 8, 2015, plaintiffs' counsel is directed to submit papers: (1) listing the individual cases that will be the subject of the hearing; (2) describing the issues that plaintiffs intend to address at the hearing; (3) providing a list of witnesses and exhibits to be presented at the hearing; and (4) including a memorandum of law setting forth the relief sought and the basis for such relief. Standard Fire shall submit any responsive submissions, including its own list of witnesses and exhibits and a responsive memorandum of law, by May 15, 2015. So Ordered by Magistrate Judge Cheryl L. Pollak on 5/4/2015. (Wiener, Benjamin) (Entered: 05/04/2015)
2015-05-13 23 0 ORDER. By Friday, May 15, 2015 at 4:00pm, FEMA is ordered to submit to Plaintiffs' and Defendants' Liaison Counsel and the Court the following information: (1) a list of all tentatively settled cases, listed by name and docket number, in which FEMA has directed the Write Your Own (WYO) Carrier to make offers of settlement and offers of judgment; (2) a list of all tentatively settled cases, listed by name and docket number, in which FEMA has not yet directed the Write Your Own Carrier to make offers of settlement and offers of judgment; and (3) a list of all tentatively settled cases, listed by name and docket number, in which the WYO Carrier has issued offers of settlement or offers of judgment to Plaintiffs pursuant to FEMAs direction. To the extent necessary, the WYO Carriers are directed to supply information to FEMA to permit compliance with this Order. FEMA is further ordered to update this information each day and provide the updated information to Plaintiffs' and Defendants' Liaison Counsel by 4:00pm the following business day. This process will continue until the Court grants relief from this Order. In lieu of the status report required by this Courts May 7, 2015 order, J. Steve Mostyn, Plaintiffs Liaison Counsel, is hereby Ordered to file a status report by May 18, 2015, updating the Committee as to the status of the agreement between the parties regarding this process and identifying any additional cases that have settled since the April 27th conference. The Clerk is directed to send copies of this Order to the parties either electronically through the Electronic Case Filing (ECF) system or by mail. So Ordered by Magistrate Judges Cheryl L. Pollak, Gary R. Brown, and Ramon E. Reyes on 5/13/2015. Associated Cases: 1:14-mc-00041-CLP-GRB-RER et al. (Yim, Kevin) (Entered: 05/13/2015)
2015-05-15 24 0 ORDER setting a deadline of 5/18/2015 at 12:00 p.m. for parties to file a motion to quash the attached subpoenas and directing the Clerk of Court to send copies of this Order to the parties either electronically through the Electronic Case system or my mail.. Ordered by Magistrate Judge Cheryl L. Pollak on 5/15/2015. (Attachments: # 1 Subpoena Corporate Representative of U.S. Forensic, LLC, # 2 Subpoena Jason Grover, # 3 Subpoena Jeff Knutson, # 4 Subpoena Juan Santillana, # 5 Subpoena Harry George Hernemar) Associated Cases: 1:14-mc-00041-CLP-GRB-RER et al. (Marziliano, August) Modified on 5/15/2015 (Marziliano, August). (Entered: 05/15/2015)
2015-05-22 25 0 SCHEDULING ORDER: On April 28, 2015, the Committee issued a stay through May 29, 2015 with respect to ongoing mediations and court proceedings in the Hurricane Sandy cases with claims concerning flood insurance. The stay is hereby extended through June 30, 2015, except with respect to the evidentiary hearings, which are in the process of being scheduled by the Committee. So Ordered by Magistrate Judges Gary R. Brown, Ramon E. Reyes, Jr., and Cheryl L. Pollak on 5/22/2015. Associated Cases: 1:14-mc-00041-CLP-GRB-RER et al. (Wiener, Benjamin) (Entered: 05/22/2015)
2015-07-08 26 0 TRANSCRIPT of Proceedings held on June 15, 2015, before Judge Pollak, Brown and Reyes. Court Reporter/Transcriber TypeWrite Word Processing Service, Telephone number 718-966-1401. Email address: transcripts@typewp.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 7/29/2015. Redacted Transcript Deadline set for 8/10/2015. Release of Transcript Restriction set for 10/6/2015. Associated Cases: 1:14-mc-00041-CLP-GRB-RER et al. (Hong, Loan) (Entered: 07/08/2015)
2015-07-13 27 0 ORDER: By July 17, 2015, the parties are Ordered to submit a joint report in Excel spreadsheet format, providing the Committee with the information described herein for each flood case filed in this District. The stay of mediations and further proceedings in the flood cases is hereby extended to August 28, 2015. As of August 28, 2015, the parties shall submit an updated spreadsheet reflecting any changes to the status of cases following the July 17th report. In this report, the parties are Ordered to highlight those cases which need to be addressed by conference. As of August 28, 2015, if there are cases where no stipulation of discontinuance has been filed, the Committee members will schedule settlement conferences. Counsel will be required to attend, along with their clients, and any adjusters, and experts. So Ordered by Magistrate Judges Cheryl L. Pollak, Ramon E. Reyes, Jr., and Gary R. Brown on 7/13/2015. Associated Cases: 1:14-mc-00041-CLP-GRB-RER et al. (Wiener, Benjamin) (Entered: 07/13/2015)
2015-07-31 28 0 STIPULATION re Status Report Order for Mediation by Sunrise One LLC, Sunrise Two Operating LLC (Delgado, Javier) (Entered: 07/31/2015)
2015-08-03 29 0 NOTICE of Appearance by Jason Marc Cieri on behalf of All Plaintiffs (aty to be noticed) (Cieri, Jason) (Entered: 08/03/2015)
2015-08-03 30 0 NOTICE of Appearance by Pejman Nassi on behalf of Harleysville Insurance Company of New York (aty to be noticed) (Nassi, Pejman) (Entered: 08/03/2015)
2015-09-08 31 0 NOTICE by Defendants' Liaison Counsel re (1123 in 1:14-mc-00041-CLP-GRB-RER) Status Report Request for Information from Counsel Associated Cases: 1:14-mc-00041-CLP-GRB-RER et al. (Greisman, Jared) (Entered: 09/08/2015)
2015-09-16 32 0 NOTICE by Defendants' Liaison Counsel LIST TO THE COURT OF OPEN "WIND" CASES Associated Cases: 1:14-mc-00041-CLP-GRB-RER et al. (Greisman, Jared) (Entered: 09/16/2015)
2015-09-18 33 0 ORDER: In light of the progress that has been made in settling these cases, the stay is hereby extended through 10/15/15. Parties are to file stipulations of dismissal by this date. So Ordered by Magistrate Judge Cheryl L. Pollak on 9/18/2015. Associated Cases: 1:14-mc-00041-CLP-GRB-RER et al. (Caggiano, Diana) (Entered: 09/18/2015)
2015-09-23 34 0 ORDER. The Committee hereby Orders FEMA's counsel to provide a list of those cases where FEMA is refusing to negotiate a settlement. The list shall be provided to the Committee by Wednesday, September 30, 2015. All cases on the list will be immediately scheduled for settlement conferences before the Committee members or shall be marked as ready for trial. So Ordered by Magistrate Judge Cheryl L. Pollak on 9/23/2015. Associated Cases: 1:14-mc-00041-CLP-GRB-RER et al. (Chandran, Ashok) (Entered: 09/23/2015)
2015-10-15 35 0 ORDER. FEMA is Ordered to provide the Court with a list of all open cases in which offers will be rescinded on October 30, 2015. This list shall be provided by October 20, 2015. All plaintiffs' counsel are advised to contact their clients as early as possible to inform them that failure to timely respond to settlement documents could lead to a rescission of FEMA's offer. So Ordered by Magistrate Judge Cheryl L. Pollak on 10/15/2015. Associated Cases: 1:14-mc-00041-CLP-GRB-RER et al. (Chandran, Ashok) (Entered: 10/15/2015)
2015-10-19 36 0 Letter to Judge Reyes Re: Mediation Status Report by Harleysville Insurance Company of New York (Nassi, Pejman) (Entered: 10/19/2015)
2015-12-17 37 0 Letter Re: Local Rule 37.3 (c) by Harleysville Insurance Company of New York (Attachments: # 1 Exhibit October 19, 2015 Letter to Judge Reyes, # 2 Exhibit November 20, 2015 Letter to Javier Delgado, Esq.) (Nassi, Pejman) (Entered: 12/17/2015)
2016-02-16 38 0 Letter RE: Payment of Sanctions by Harleysville Insurance Company of New York (Attachments: # 1 Exhibit January 28, 2016 letter to Mr. Delgado, # 2 Exhibit February 5, 2016 letter from Mr. Delgado) (Nassi, Pejman) (Entered: 02/16/2016)
2016-02-19 39 0 Notice of MOTION for Discovery /Precluding Plantiffs' use of the third-revised estimate of damages by Harleysville Insurance Company of New York. (Nassi, Pejman) (Entered: 02/19/2016)
2016-02-19 40 0 DECLARATION re 39 Notice of MOTION for Discovery /Precluding Plantiffs' use of the third-revised estimate of damages Declaration of Steve Nassi in Support of motion by Harleysville Insurance Company of New York (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5) (Nassi, Pejman) (Entered: 02/19/2016)
2016-02-19 41 0 MEMORANDUM in Support re 39 Notice of MOTION for Discovery /Precluding Plantiffs' use of the third-revised estimate of damages Memorandum of law in support of motion filed by Harleysville Insurance Company of New York. (Nassi, Pejman) (Entered: 02/19/2016)
2016-02-19 42 0 CERTIFICATE OF SERVICE by Harleysville Insurance Company of New York re 41 Memorandum in Support, 40 Declaration, 39 Notice of MOTION for Discovery /Precluding Plantiffs' use of the third-revised estimate of damages (Attachments: # 1 Proposed Order Proposed order to motion) (Nassi, Pejman) (Entered: 02/19/2016)
2016-02-25 43 0 Letter by Sunrise One LLC, Sunrise Two Operating LLC (Attachments: # 1 Exhibit "A", # 2 Exhibit "B") (Delgado, Javier) (Entered: 02/25/2016)
2016-02-25 44 0 RESPONSE to Motion re 39 Notice of MOTION for Discovery /Precluding Plantiffs' use of the third-revised estimate of damages filed by Sunrise One LLC, Sunrise Two Operating LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Delgado, Javier) (Entered: 02/25/2016)
2016-03-02 45 0 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-8424431. by Harleysville Insurance Company of New York. (Attachments: # 1 Notice of Motion, # 2 Affidavit in Support, # 3 Exhibit Certificates of Good Standing, # 4 Proposed Order) Associated Cases: 1:14-mc-00041-CLP-GRB-RER, 2:15-cv-00242-JFB-GRB (Messing, Benjamin) (Entered: 03/02/2016)
2016-03-03 46 0 NOTICE of Appearance by Benjamin R. Messing on behalf of Harleysville Insurance Company of New York (notification declined or already on case) (Messing, Benjamin) (Entered: 03/03/2016)
2016-03-16 47 0 MOTION to Quash Letter Motion by John Minor. (Attachments: # 1 Exhibit) (Pedro, Verne) (Entered: 03/16/2016)
2016-03-16 48 0 Letter MOTION for Extension of Time to Complete Discovery by Sunrise One LLC, Sunrise Two Operating LLC. (Delgado, Javier) (Entered: 03/16/2016)
2016-03-17 49 0 Letter MOTION to Compel by Sunrise One LLC, Sunrise Two Operating LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C) (Delgado, Javier) (Entered: 03/17/2016)
2016-03-18 50 0 Letter Re: Discovery by Harleysville Insurance Company of New York (Attachments: # 1 Exhibit Letter dated March 4, 2016, # 2 Exhibit Emails dated March 3, 2016) (Nassi, Pejman) (Entered: 03/18/2016)
2016-03-18 51 0 MOTION to Compel production of documents by Sunrise One LLC. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Meet and confer confirmation email) (Cieri, Jason) (Entered: 03/18/2016)
2016-03-24 52 0 Letter by Harleysville Insurance Company of New York (Attachments: # 1 In Camera Review Privilege Log Expert Files, # 2 In Camera Review Privilege Log Claims File, # 3 In Camera Review Privilege Log Claims Notes, # 4 Email from Mark R. Cipolone dated November 4, 2014) (Nassi, Pejman) (Entered: 03/24/2016)
2016-03-28 53 0 Letter MOTION for Extension of Time to File Document by Sunrise One LLC, Sunrise Two Operating LLC. (Delgado, Javier) (Entered: 03/28/2016)
2016-03-31 54 0 Letter to Judge Gary Brown regarding Plaintiff allowed to pursue bad faith by Sunrise One LLC, Sunrise Two Operating LLC (Delgado, Javier) (Entered: 03/31/2016)
2016-03-31 55 0 Letter to Judge Gary Brown regarding explanation of Plaintiff's Business Interruption Loss by Sunrise One LLC, Sunrise Two Operating LLC (Delgado, Javier) (Entered: 03/31/2016)
2016-04-07 56 0 Letter by Harleysville Insurance Company of New York (Attachments: # 1 Exhibit Email from J. Delgado to S. Nassi, dated May 1, 2014, # 2 Exhibit Examination Under Oath of Michael Morash, September 12, 2014, # 3 Exhibit Endorsement, MANU-1 (July 2004), # 4 Exhibit Plaintiff's Objections and Answers to Defendant's First Set of Interrogatories) (Nassi, Pejman) (Entered: 04/07/2016)
2016-04-29 57 0 Letter MOTION for pre motion conference by Harleysville Insurance Company of New York. (Nassi, Pejman) (Entered: 04/29/2016)
2016-05-04 58 0 Letter by Sunrise One LLC, Sunrise Two Operating LLC (Delgado, Javier) (Entered: 05/04/2016)
2016-05-05 59 0 MINUTE ENTRY for proceedings held before Judge Joseph F. Bianco: Civil Cause for Telephone Pre-Motion Conference held on 5/5/2016. Case called. Counsel for all sides present. Conference held. Motion to be filed by 6/21/16; Response by 8/5/16; Reply by 8/19/16. Oral argument set for 9/28/16 at 4:30 p.m. (Tape #3:13-3:27.) (Coleman, Laurie) (Entered: 05/06/2016)
2016-05-19 60 0 Letter Motion Requesting Extension of Time for Experts by Sunrise One LLC, Sunrise Two Operating LLC (Delgado, Javier) (Entered: 05/19/2016)
2016-05-20 61 0 Letter to Judge Bianco opposing Plaintiff's request for an extension of time to produce an expert report regarding bad faith by Harleysville Insurance Company of New York (Nassi, Pejman) (Entered: 05/20/2016)
2016-05-20 62 0 Letter MOTION to Compel by Sunrise One LLC, Sunrise Two Operating LLC. (Attachments: # 1 Exhibit A) (Cieri, Jason) (Entered: 05/20/2016)
2016-05-20 63 0 NOTICE by Sunrise One LLC, Sunrise Two Operating LLC Notice of Service of Plaintiff's Expert Disclosures (Delgado, Javier) (Entered: 05/20/2016)
2016-05-27 64 0 RESPONSE in Opposition re 62 Letter MOTION to Compel filed by Harleysville Insurance Company of New York. (Attachments: # 1 Exhibit Harleysville's response to plaintiff's first request for production of documents) (Nassi, Pejman) (Entered: 05/27/2016)
2016-06-03 65 0 MOTION for Reconsideration re Order on Motion to Compel, Order, by Harleysville Insurance Company of New York. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D) (Nassi, Pejman) (Entered: 06/03/2016)
2016-06-06 66 0 Letter to Judge Bianco by Harleysville Insurance Company of New York (Attachments: # 1 Exhibit Plaintiffs Discovery Requests) (Nassi, Pejman) (Entered: 06/06/2016)
2016-06-07 67 0 RESPONSE to Motion re 65 MOTION for Reconsideration re Order on Motion to Compel, Order, filed by Sunrise One LLC, Sunrise Two Operating LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E) (Cieri, Jason) (Entered: 06/07/2016)
2016-06-08 68 0 Letter by Harleysville Insurance Company of New York (Nassi, Pejman) (Entered: 06/08/2016)
2016-06-15 69 0 REPLY in Support re 65 MOTION for Reconsideration re Order on Motion to Compel, Order, filed by Harleysville Insurance Company of New York. (Attachments: # 1 Exhibit Expert Report) (Nassi, Pejman) (Entered: 06/15/2016)
2016-06-20 70 0 Letter by Harleysville Insurance Company of New York (Nassi, Pejman) (Entered: 06/20/2016)
2016-06-20 71 0 NOTICE by Sunrise One LLC, Sunrise Two Operating LLC Notice of Service of Plaintiff's Supplemental Expert Disclosures (Delgado, Javier) (Entered: 06/20/2016)
2016-06-21 72 0 Letter MOTION for Leave to File pursuant to Fed. R. Civ. P. 15(c)(1)(C) by Sunrise One LLC, Sunrise Two Operating LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D) (Delgado, Javier) (Entered: 06/21/2016)
2016-06-24 73 0 Letter by Harleysville Insurance Company of New York (Nassi, Pejman) (Entered: 06/24/2016)
2016-07-07 74 0 REPLY in Opposition to 72 Motion for Leave to File pursuant to Fed. R. Civ. P. 15(c)(1)(C) by Harleysville Insurance Company of New York (Attachments: # 1 Exhibit A - April 3, 2013 letter of Scott M. Brennan, # 2 Exhibit B - May 29, 2013 letter of Javier Delgado, Esq., # 3 Exhibit C - July 8, 2013 letter of Javier Delgado, Esq., # 4 Exhibit D - July 16, 2014 e-mail of Jocelyn Engracio and executed Lease Agreement, # 5 Exhibit E - Transcript of the EUO of Michael Morash, taken September 12, 2014, # 6 Exhibit F - The Standstill and Tolling Agreement expired on January 15, 2015, # 7 Exhibit G - Harleysville's Supplemental Response, dated March 11, 2016, and HICNY 005250-005252) (Nassi, Pejman) Modified on 7/8/2016 at the request of counsel to change docket text from letter to reply. (Coleman, Laurie). (Entered: 07/07/2016)
2016-07-07 75 0 NOTICE by Sunrise One LLC, Sunrise Two Operating LLC (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3) (Delgado, Javier) (Entered: 07/07/2016)
2016-07-08 76 0 Letter to Judge Bianco objecting to Doc. #75 by Harleysville Insurance Company of New York (Nassi, Pejman) (Entered: 07/08/2016)
2016-07-14 77 0 Letter Reply by Sunrise One LLC, Sunrise Two Operating LLC (Delgado, Javier) (Entered: 07/14/2016)
2016-07-19 78 0 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 3/21/2016, before Magistrate Judge Gary R. Brown. Transcriber Aria Services, Inc., Telephone number 845-260-1377. Email address: aria@leinen.net. Transcript may be viewed at the court public terminal or purchased through the Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/9/2016. Redacted Transcript Deadline set for 8/19/2016. Release of Transcript Restriction set for 10/17/2016. (Cox, Dwayne) (Entered: 07/19/2016)
2016-07-25 79 0 Letter MOTION to Compel Discovery by Sunrise One LLC, Sunrise Two Operating LLC. (Cieri, Jason) (Entered: 07/25/2016)
2016-07-25 80 0 MINUTE ENTRY for Proceeding held before Judge Joseph F. Bianco: Civil Cause for Oral Argument held on 7/25/2016. Courtroom Deputy: Michele Savona. Case called. Conference held. Argument heard. Decision: Reserved.(Tape #1:28-2:06.) (Coleman, Laurie) (Entered: 07/25/2016)
2016-07-29 81 0 Minute Order for proceedings held before Judge Joseph F. Bianco: CIVIL CAUSE FOR ORAL ARGUMENT. Counsel for Plaintiff Javier Delgado, present. Counsel for Defendants Steven Nassi and Benjamin R. Messing, present. Motion Hearing held on 7/29/2016 at 2:34 PM. DECISION: Motion for reconsideration denied. Motion to amend the complaint granted. (Tape #FTR: 2:34-2:51.) (Ortiz, Grisel) (Entered: 07/29/2016)
2016-07-29 82 0 ORDERED For the reasons set forth on the record today, defendants' appeal of the discovery orders (ECF No. 65) is denied, and plaintiffs' motion to amend the complaint (ECF No. 72) is granted.. Ordered by Judge Joseph F. Bianco on 7/29/16. (Bollbach, Jean) (Entered: 08/02/2016)
2016-08-02 83 0 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 07/29/2016, before The Honorable Judge Joseph F. Bianco. Transcriber Transcriptions Plus II, Inc., Telephone number (917) 945-1549. Email address: laferrara44@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Transcriber before the deadline for Release of Transcript Restriction. Redaction Request due 8/23/2016. Redacted Transcript Deadline set for 9/2/2016. Release of Transcript Restriction set for 10/31/2016. (Kanellopoulos, John) (Entered: 08/02/2016)
2016-08-03 84 0 AMENDED COMPLAINT against Harleysville Insurance Company of New York, filed by Sunrise One LLC, Sunrise One Operating LLC. (Delgado, Javier) (Entered: 08/03/2016)