County of Warren v. CNA Financial Corporation et al

Docket(#11) MOTION to Dismiss filed by The Continental Insurance Company. Motion returnable before Judge Daniel J. Stewart Response to Motion due by 7/5/2022. Reply to Response to Motion due by 7/12/2022 (Attachments: #1 Memorandum of Law, #2 Exhibit A, #3 Exhibit B) (Lee, Janet) (Entered: 06/14/2022)

Docket(#10) TEXT ORDER: The Court held a Rule 16 Initial Conference with the parties on June 3, 2022. The Court, sua sponte, exempts this matter from the Mandatory Mediation Program. SO ORDERED by Magistrate Judge Daniel J. Stewart on 6/7/2022. (mab) (Entered: 06/07/2022)

Docket(#9) UNIFORM PRETRIAL SCHEDULING ORDER: Anticipated length of trial: 2 Days. Preferred Trial Location: Albany, NY. Joinder of Parties due by 7/15/2022. Amended Pleadings due by 7/15/2022. Discovery due by 4/6/2023. Plaintiff's Expert Disclosure Deadline is 1/6/2023. Defendant's Expert Disclosure Deadline is 2/20/2023. Rebuttal Expert Disclosure Deadline is 3/7/2023. Motions to be filed by 6/6/2023. Status Report due by 8/8/2022. This case has been exempt from the Court's Mandatory Mediation Program. Signed by Magistrate Judge Daniel J. Stewart on 6/7/2022. (mab) (Entered: 06/07/2022)

DocketText Minute Entry for proceedings held before Magistrate Judge Daniel J. Stewart: Rule 16 Initial Pretrial Conference held on 6/3/2022. Appearances: Lawrence Elmen, Esq. for Plaintiff; Janet Lee, Esq. for Defendant. The Court hears from counsel as to their positions in this matter and as to how they intend to proceed. Defendant intends to file a motion to dismiss. The Court discusses the Mandatory Mediation Program with counsel. Based upon those discussion, the matter is OPTED OUT of the Mandatory Mediation Program. Mandatory Disclosures have been exchanged. Deadlines set. Scheduling Order to be issued. (TIME: 9:32AM-9:41AM). (mab) (Entered: 06/07/2022)

Docket***Answer due date updated for The Continental Insurance Company answer due 6/15/2022. (ztc, ) (Entered: 06/02/2022)

Docket(#8) AMENDED COMPLAINT against John David Smith, The Continental Insurance Company filed by County of Warren. (Attachments: #1 Exhibit(s) A-State Court Summons and Complaint, #2 Exhibit(s) B-Denial of Coverage Letter, dated February 1, 2022, #3 Exhibit(s) C-Pre-Anwer Motion to Dismiss by Insured, filed September 28, 2020, #4 Exhibit(s) D-Reply Affirmation by Insured, filed October 19, 2020, #5 Exhibit(s) E-NYS Court Decision and Order, filed November 18, 2020, #6 Exhibit(s) F-Answer by Warren County, filed November 25, 2020)(Elmen, Lawrence) (Entered: 06/01/2022)

Docket(#7) ORDER ON STIPULATION FOR SUBSTITUTION OF PARTIES: CNA Financial Corporation is hereby dismissed without prejudice and The Continental Insurance Company is added as a defendant party. Signed by Judge Brenda K. Sannes on 5/12/2022. (nmk) (Entered: 05/12/2022)

Docket(#6) Answer and Affirmative Defenses ANSWER to Complaint by CNA Financial Corporation. (Attachments: #1 Exhibit(s) LIAB 6680B)(Lee, Janet) (Entered: 05/11/2022)

Docket(#5) STIPULATION for Substitution of Parties by CNA Financial Corporation submitted to Judge Daniel J. Stewart. (Lee, Janet) (Entered: 05/11/2022)

Docket(#4) TEXT ORDER: granting Direct Assignment. The cases are deemed related. SO ORDERED by Judge Brenda K. Sannes on 5/5/2022. (nmk) (Entered: 05/05/2022)

Docket***Answer due date updated for CNA Financial Corporation answer due 5/11/2022. (ztc, ) (Entered: 05/04/2022)

DocketTEXT Notice pursuant to General Order 12 of Potential Related Case, submitted to District Judge for review and determination. Potential Related cases: 1:22-cv-00328. (ztc, ) (Entered: 05/04/2022)

Docket(#3) G.O. 25 FILING ORDER ISSUED: Initial Conference set for 6/3/2022 09:30 AM in Albany before Magistrate Judge Daniel J. Stewart. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 5/27/2022. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (ztc, ) (Entered: 05/04/2022)

Docket(#2) STATE COURT SUMMONS and COMPLAINT relating to #1 Notice of Removal, filed by Plaintiffi in NYS Supreme Court, Warren County. (ztc, ) (Entered: 05/04/2022)

Docket(#1) NOTICE OF REMOVAL from NYS Supreme Court, Warren County, case number EF2022-70062 (Filing fee $402 receipt number ANYNDC-5891630) filed by CNA Financial Corporation. (Attachments: #1 Exhibit A- State Court Document list, #2 Exhibit B- State Court Complaint, #3 Civil Cover Sheet)(ztc, ) (Entered: 05/04/2022)