This case was last updated from PACER on 01/26/2021 at 06:35:40 (UTC).

Hutch & Associates, Inc. et al v. Erie Insurance Company of New York et al

Case Summary

On 01/25/2021 Hutch Associates, Inc filed a Contract - Insurance lawsuit against Erie Insurance Company of New York. This case was filed in U.S. District Courts, Pennsylvania Western District. The Judge overseeing this case is Mark R. Hornak. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:21-CV-00056

  • Filing Date:

    01/25/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Insurance

  • Court:

    U.S. District Courts

  • Courthouse:

    Pennsylvania Western District

Judge Details

Presiding Judge

Mark R. Hornak

 

Party Details

Plaintiffs

Delaware Restaurant Holdings, LLC for themselves and on behalf of a class of similarly situated policyholders doing business as Remington Tavern & Seafood Exchange

Hutch & Associates, Inc. doing business as Hutch's Restaurant

Defendants

ERIE INSURANCE COMPANY OF NEW YORK

ERIE INSURANCE COMPANY

ERIE INDEMNITY COMPANY doing business as ERIE INSURANCE GROUP

FLAGSHIP CITY INSURANCE COMPANY

Erie Insurance Property & Casualty Company

ERIE INSURANCE EXCHANGE

Attorney/Law Firm Details

Plaintiff Attorneys

Gregory P. Photiadis

Attorney at Duke Holzman Photiadis & Gresens LLP

701 Seneca Street, Suite 750

Buffalo, NY 14210

Charles C. Ritter, Jr.

Attorney at Duke, Holzman, Photiadis & Gresens, LLP

701 Seneca Street, Suite 750

Buffalo, NY 14210

Steven William Klutkowski

Attorney at Duke Holzman Photiadis & Gresens LLP

701 Seneca Street, Suite 750

Buffalo, NY 14210

Christopher M. Berloth

Attorney at Duke Holzman Photiadis & Gresens LLP

701 Seneca Street, Ste 750

Buffalo, NY 14210

Defendant Attorneys

Tiffany L Powers

Attorney at Alston & Bird

1201 West Peachtree Street, One Atlantic Center

Atlanta, GA 30309-3424

Scott David Mancuso

Attorney at Mura & Storm, PLLC

930 Rand Building, 14 Lafayette Square

Buffalo, NY 14203

Kristin A. Shepard

Attorney at Alston & Bird LLP

950 F Street, Nw

District Of Columbia, DC 20004

Adam Jay Kaiser

Attorney at Alston & Bird LLP

90 Park Avenue

New York, NY 10016

Roy A. Mura

Attorney at Mura & Storm, PLLC

930 Rand Building, 14 Lafayette Square

Buffalo, NY 14203

 

Court Documents

40 #1

*Restricted*

#40

(#40) Case transferred in from District of New York Western; Case Number 1:20-cv-00896. Original file certified copy of transfer order and docket sheet received. (Entered: 01/25/2021)

#39

(#39) MULTIDISTRICT CONDITIONAL LITIGATION TRANSFER ORDER transferring the action the Western District of Pennsylvania. Signed by John W. Nichols,Clerk of the Panel on 12/28/2020. (MD) (Entered: 01/20/2021)

38 #1

Certificate of Service

#38

(#38) REPLY to Response to Motion re #33 MOTION to Consolidate Cases filed by Delaware Restaurant Holdings, LLC, Hutch & Associates, Inc.. (Attachments: #1 Certificate of Service)(Klutkowski, Steven) (Entered: 11/25/2020)

33 #3

Certificate of Service

33 #2

Exhibit A

33 #1

Memorandum in Support

#33

(#33) MOTION to Consolidate Cases by Delaware Restaurant Holdings, LLC, Hutch & Associates, Inc.. (Attachments: #1 Memorandum in Support, #2 Exhibit A, #3 Certificate of Service)(Klutkowski, Steven) (Entered: 11/05/2020)

3 #3

Memorandum in Support

3 #2

Exhibit A to Declaration of Roy A. Mura, Esq.

3 #1

Declaration of Roy A. Mura, Esq.

2 #2

Certificate of Service

2 #1

Exhibit Index of State Court Documents

#2

(#2) CONTINUATION OF EXHIBITS by Erie Indemnity Company, Erie Insurance Company, Erie Insurance Company of New York, Erie Insurance Exchange, Erie Insurance Property & Casualty Co., Flagship City Insurance Company. filed by Erie Indemnity Company, Erie Insurance Company, Erie Insurance Company of New York, Erie Insurance Exchange, Erie Insurance Property & Casualty Co., Flagship City Insurance Company. (Attachments: #1 Exhibit Index of State Court Documents, #2 Certificate of Service)(Mura, Roy) (Entered: 07/15/2020)

1 #2

Exhibit B-Morganson Declaration in Support of removal

1 #1

Exhibit A-Summons and Complaint

#1

(#1) NOTICE OF REMOVAL by All Defendants from Supreme Court, case number 804532/2020. (Filing fee $ 400 receipt number 0209-3903369), filed by All Defendants. (Attachments: #1 Exhibit A-Summons and Complaint, #2 Exhibit B-Morganson Declaration in Support of removal)(Mura, Roy) (Entered: 07/15/2020)

109 More Documents Available

 

Docket Entries

  • 01/25/2021
  • View Court Documents
  • Docket(#40) Case transferred in from District of New York Western; Case Number 1:20-cv-00896. Original file certified copy of transfer order and docket sheet received. (Entered: 01/25/2021)

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  • 01/20/2021
  • View Court Documents
  • Docket(#39) MULTIDISTRICT CONDITIONAL LITIGATION TRANSFER ORDER transferring the action the Western District of Pennsylvania. Signed by John W. Nichols,Clerk of the Panel on 12/28/2020. (MD) (Entered: 01/20/2021)

    Read MoreRead Less
  • 11/25/2020
  • View Court Documents
  • Docket(#38) REPLY to Response to Motion re #33 MOTION to Consolidate Cases filed by Delaware Restaurant Holdings, LLC, Hutch & Associates, Inc.. (Attachments: #1 Certificate of Service)(Klutkowski, Steven) (Entered: 11/25/2020)

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  • 11/19/2020
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  • Docket(#37) MEMORANDUM in Opposition re #33 MOTION to Consolidate Cases filed by Erie Indemnity Company, Erie Insurance Company, Erie Insurance Company of New York, Erie Insurance Exchange, Erie Insurance Property & Casualty Company, Flagship City Insurance Company. (Mura, Roy) (Entered: 11/19/2020)

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  • 11/17/2020
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  • Docket(#36) NOTICE by Erie Indemnity Company, Erie Insurance Company, Erie Insurance Company of New York, Erie Insurance Exchange, Erie Insurance Property & Casualty Company, Flagship City Insurance Company re #11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM of Amended Complaint Defendants' First Notice of Supplemental Authority (Mura, Roy) (Entered: 11/17/2020)

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  • 11/13/2020
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  • Docket(#35) MEMORANDUM in Opposition re #32 First MOTION to Strike #19 Declaration,, filed by Delaware Restaurant Holdings, LLC, Hutch & Associates, Inc.. (Berloth, Christopher) (Entered: 11/13/2020)

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  • 11/06/2020
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  • Docket(#34) REPLY/RESPONSE to re #11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM of Amended Complaint Sur-Reply in Further Opposition to Defendants' Motion to Dismiss filed by Delaware Restaurant Holdings, LLC, Hutch & Associates, Inc.. (Berloth, Christopher) (Entered: 11/06/2020)

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  • 11/05/2020
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  • Docket(#33) MOTION to Consolidate Cases by Delaware Restaurant Holdings, LLC, Hutch & Associates, Inc.. (Attachments: #1 Memorandum in Support, #2 Exhibit A, #3 Certificate of Service)(Klutkowski, Steven) (Entered: 11/05/2020)

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  • 10/30/2020
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  • Docket(#32) First MOTION to Strike #19 Declaration,, by Erie Indemnity Company, Erie Insurance Company, Erie Insurance Company of New York, Erie Insurance Exchange, Erie Insurance Property & Casualty Company, Flagship City Insurance Company. (Attachments: #1 Memorandum in Support of Defendants' Motion to Strike)(Mura, Roy) (Entered: 10/30/2020)

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  • 10/30/2020
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  • Docket(#31) REPLY to Response to Motion re #11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM of Amended Complaint filed by Erie Indemnity Company, Erie Insurance Company, Erie Insurance Company of New York, Erie Insurance Exchange, Erie Insurance Property & Casualty Company, Flagship City Insurance Company. (Mura, Roy) (Entered: 10/30/2020)

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29 More Docket Entries
  • 07/24/2020
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  • Docket(#6) NOTICE of Appearance by Steven William Klutkowski on behalf of All Plaintiffs (Klutkowski, Steven) (Entered: 07/24/2020)

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  • 07/23/2020
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  • Docket(#5) NOTICE of Appearance by Scott David Mancuso on behalf of All Defendants (Mancuso, Scott) (Entered: 07/23/2020)

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  • 07/23/2020
  • DocketATTENTION CORPORATION PLAINTIFFS/DEFENDANTS: All Corporate Disclosure Statements pursuant to Fed.R.Civ.7.1(b) are to be filed within seven(7) days of this notice. (MD) (Entered: 07/23/2020)

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  • 07/22/2020
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  • Docket(#4) Corporate Disclosure Statement by Erie Indemnity Company, Erie Insurance Company, Erie Insurance Company of New York, Erie Insurance Exchange, Erie Insurance Property & Casualty Co., Flagship City Insurance Company. (Mura, Roy) (Entered: 07/22/2020)

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  • 07/22/2020
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  • Docket(#3) MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Erie Indemnity Company, Erie Insurance Company, Erie Insurance Company of New York, Erie Insurance Exchange, Erie Insurance Property & Casualty Co., Flagship City Insurance Company. (Attachments: #1 Declaration of Roy A. Mura, Esq., #2 Exhibit A to Declaration of Roy A. Mura, Esq., #3 Memorandum in Support, #4 Exhibit A to Defendants' Memorandum of Law in Support, #5 Exhibit B to Defendants' Memorandum of Law in Support)(Mura, Roy) (Entered: 07/22/2020)

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  • 07/15/2020
  • DocketNotice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at #http://www.uscourts.gov/services-forms/forms. (JD) (Entered: 07/15/2020)

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  • 07/15/2020
  • DocketAUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution.(JD) (Entered: 07/15/2020)

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  • 07/15/2020
  • DocketCase Assigned to Hon. Geoffrey Crawford. Notification to Chambers of on-line civil case opening. (JD) (Entered: 07/15/2020)

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  • 07/15/2020
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  • Docket(#2) CONTINUATION OF EXHIBITS by Erie Indemnity Company, Erie Insurance Company, Erie Insurance Company of New York, Erie Insurance Exchange, Erie Insurance Property & Casualty Co., Flagship City Insurance Company. filed by Erie Indemnity Company, Erie Insurance Company, Erie Insurance Company of New York, Erie Insurance Exchange, Erie Insurance Property & Casualty Co., Flagship City Insurance Company. (Attachments: #1 Exhibit Index of State Court Documents, #2 Certificate of Service)(Mura, Roy) (Entered: 07/15/2020)

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  • 07/15/2020
  • View Court Documents
  • Docket(#1) NOTICE OF REMOVAL by All Defendants from Supreme Court, case number 804532/2020. (Filing fee $ 400 receipt number 0209-3903369), filed by All Defendants. (Attachments: #1 Exhibit A-Summons and Complaint, #2 Exhibit B-Morganson Declaration in Support of removal)(Mura, Roy) (Entered: 07/15/2020)

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