Allstate Property And Casualty Insurance Company v. Narain et al
| New York Eastern District Court | |
| Judge: | Frederic Block |
| Referred: | Ramon E Reyes, Jr |
| Case #: | 1:17-cv-02334 |
| Nature of Suit | 110 Contract - Insurance |
| Cause | 28:1332 Diversity-Insurance Contract |
| Case Filed: | Apr 19, 2017 |
| Terminated: | Sep 21, 2018 |
| Last checked: Monday Oct 16, 2017 5:35 AM EDT |
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Cross Claimant
Trans Express, Inc.
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Represented By
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Cross Defendant
Ruttura & Sons Construction Co., Inc.
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Cross Defendant
Anil Richards
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Cross Defendant
Resorts World Corp.
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Cross Defendant
Naavendra Narain
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Cross Defendant
Harpaul Narain
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Cross Defendant
Avinash Miser
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Cross Defendant
Gedeon Engineering P.C.
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Cross Defendant
Metin G. Esen
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Represented By
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Cross Defendant
Luann Esen
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Represented By
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Defendant
Luann Esen
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Represented By
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Defendant
Trans Express, Inc.
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Represented By
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Defendant
Ruttura & Sons Construction Co., Inc.
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Defendant
Anil Richards
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Defendant
Resorts World Corp.
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Defendant
Naavendra Narain
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Defendant
Harpaul Narain
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Defendant
Avinash Miser
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Defendant
Gedeon Engineering P.C.
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Defendant
Metin G. Esen
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Represented By
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Plaintiff
Allstate Property And Casualty Insurance Company
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Represented By
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| TERMINATED PARTIES | |
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Defendant
Tutor Perini Building Corp.
Terminated: 06/14/2017
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Defendant
Tutor Perini Corporation
Terminated: 06/14/2017
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Defendant
Resorts World Casino New York City
Terminated: 06/14/2017
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Defendant
New York Racing Association, Inc.
Terminated: 06/14/2017
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Defendant
JCJ Architecture, P.C.
Terminated: 06/14/2017
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Defendant
Genting New York, LLC
Terminated: 06/14/2017
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Defendant
Genting Malaysia Berhard
Terminated: 06/14/2017
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GPO
Sep 20 2018
MEMORANDUM and ORDER: Allstates motion 33 for summary judgment is granted and the motion 37 for default judgment is dismissed as moot. Ordered by Judge Frederic Block on 9/20/2018. (Innelli, Michael) |
| Docket last updated: 4 hours ago |
| Friday, September 21, 2018 | ||
| 43 | 43
order
Judgment - Clerk
Fri 09/21 2:59 PM
CLERK'S JUDGMENT, that Allstate's motion for summary judgment is granted; and that the motion for default judgment is denied as moot. Signed by Douglas C. Palmer, Clerk of Court, by J. Poveda, Deputy Clerk on 9/21/2018. (Layne, Monique) |
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| Thursday, September 20, 2018 | ||
| 42 | 42
5
pgs
order
Order Adopting Report and Recommendations
Thu 09/20 2:48 PM
MEMORANDUM and ORDER: Allstates motion33 for summary judgment is granted and the motion37 for default judgment is dismissed as moot. Ordered by Judge Frederic Block on 9/20/2018. (Innelli, Michael) |
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| Friday, August 31, 2018 | ||
| 41 | 41
respoth
Objection to Report and Recommendations
Fri 08/31 12:04 PM
OBJECTION to39 Report and Recommendations of Magistrate Judge Reyes filed by Allstate Property And Casualty Insurance Company. (Berberich, Karen) |
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Att: 1
Magistrate Judge Reyes' Report & Recommendations,
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Att: 2
Notice of Motion Notice of Motion for Summary Judgment and Exhibits
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| Monday, August 27, 2018 | ||
| 40 | 40
motion
Extension of Time to File Response/Reply
Mon 08/27 3:10 PM
Letter MOTION for Extension of Time to File Response/Reply to Magistrate Judge Reyes' Report & Recommendation by Allstate Property And Casualty Insurance Company. (Berberich, Karen) |
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order
Order on Motion for Extension of Time to File Response/Reply
Mon 08/27 3:41 PM
ELECTRONIC ORDER: Granting plaintiff's letter application40 for extension of time until 8/31/18 to serve and file objections to MJ Reyes' report and recommendation. Ordered by Judge Frederic Block on 8/27/2018. (Innelli, Michael) |
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| Thursday, August 09, 2018 | ||
| 39 | 39
motion
Report and Recommendations
Thu 08/09 1:49 PM
REPORT AND RECOMMENDATIONS re37 MOTION for Default Judgment. For the reasons set forth in the attached Report and Recommendation, I respectfully recommend that the Court deny the Plaintiffs motion for default judgment without prejudice to submit either an adequate motion for default judgment or a motion for summary judgment. Objections to R&R due by 8/23/2018Ordered by Magistrate Judge Ramon E. Reyes, Jr on 8/9/2018. (Genovese, Jacqueline) |
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| Thursday, January 25, 2018 | ||
| 38 | 38
misc
Stipulation of Dismissal
Thu 01/25 12:21 PM
STIPULATION of Dismissal as to Trans Express, Inc. by Allstate Property And Casualty Insurance Company (Berberich, Karen) |
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Att: 1
Affidavit of Service
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| 37 | 37
motion
Default Judgment
Thu 01/25 10:53 AM
MOTION for Default Judgment by Allstate Property And Casualty Insurance Company. (Berberich, Karen) |
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Att: 1
Affirmation in Support of Motion,
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Att: 2
Exhibit Certificate of Default,
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Att: 3
Affidavit of Service Affidavit of Service
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order
Order Referring Motion
Thu 01/25 11:41 AM
ELECTRONIC ORDER REFERRING: Plaintiff's motion37 for default judgment as to defendants Harpaul Narain, Naavendra Narain, Anil Richards, Avinash Miser and Resorts World Corp. to MJ REYES to hold a hearing or inquest to determine both liability and damages and issue a report and recommendation. Ordered by Judge Frederic Block on 1/25/2018. Motions referred to Ramon E. Reyes, Jr. (Innelli, Michael) |
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order
Order Dismissing Parties
Thu 01/25 2:03 PM
ELECTRONIC Order Dismissing: Plaintiff's claims as to defendant Trans Express, Inc., only. The defendant's cross claims are still pending. See entry38 . Ordered by Judge Frederic Block on 1/25/2018. (Innelli, Michael) |
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| Tuesday, January 23, 2018 | ||
| 36 | 36
order
Clerks Entry of Default
Tue 01/23 1:40 PM
Clerk's ENTRY OF DEFAULT It appearing from the docket maintained in this action that defendant Avinash Miser, Harpaul Narain, Naavendra Narain, Resorts World Corp., Anil Richards has failed to appear or otherwise defend this action, the default of defendant Avinash Miser, Harpaul Narain, Naavendra Narain, Resorts World Corp., Anil Richards is hereby noted pursuant to Rule 55a of the Federal Rules of Civil Procedure. (Poveda, J.) |
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| Friday, January 12, 2018 | ||
| 35 | 35
respm
Reply to Response to Motion
Fri 01/12 3:23 PM
REPLY to Response to Motion re33 MOTION for Summary Judgment filed by Allstate Property And Casualty Insurance Company. (Berberich, Karen) |
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Att: 1
Affidavit of Service Affidavit of Service
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| 34 | 34
11
pgs
respoth
Memorandum in Opposition
Fri 01/12 2:57 PM
MEMORANDUM in Opposition re33 MOTION for Summary Judgment filed by Luann Esen, Metin G. Esen. (Berberich, Karen) |
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| 33 | 33
motion
Summary Judgment
Fri 01/12 2:54 PM
MOTION for Summary Judgment by Allstate Property And Casualty Insurance Company. (Berberich, Karen) |
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Att: 1
Rule 56.1 Statement Rule 56.1 Statement,
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Att: 2
Memorandum in Support Memorandum in Support of Motion,
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Att: 3
Declaration Declaration of Karen M. Berberich, Esq.,
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Att: 4
Exhibit Complaint filed by Allstate in declaratory judgment action,
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Att: 5
Exhibit Answers of Esen Defendants,
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Att: 6
Exhibit Trans Express Answer,
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Att: 7
Exhibit Amended Complaint,
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Att: 8
Exhibit Notice of Voluntary Dismissal,
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Att: 9
Exhibit Police Report,
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Att: 10
Exhibit Certificate of Disposition,
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Att: 11
Exhibit Deposition Transcript of Harpaul Narain,
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Att: 12
Exhibit Allstate Policy,
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Att: 13
Affidavit of Service Affidavit of Service
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| Wednesday, November 29, 2017 | ||
| 32 | 32
11
pgs
respoth
Memorandum in Opposition
Wed 11/29 2:36 PM
MEMORANDUM in Opposition filed by Metin G. Esen. (Juliano, John) |
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| Friday, November 17, 2017 | ||
| 31 | 31
misc
Letter
Fri 11/17 4:08 PM
Letter to All Parties enclosing our Motion Papers by Allstate Property And Casualty Insurance Company (Berberich, Karen) |
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| 30 | 30
misc
Request for Certificate of Default
Fri 11/17 11:27 AM
Request for Certificate of Default by Allstate Property And Casualty Insurance Company (Berberich, Karen) |
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Att: 1
Affidavits of Service
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| Thursday, October 19, 2017 | ||
| 29 | 29
misc
Letter
Thu 10/19 3:12 PM
Letter to Judge Block with motion briefing schedule by Allstate Property And Casualty Insurance Company (Berberich, Karen) |
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| Wednesday, October 11, 2017 | ||
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minutes
Pre Motion Conference
Wed 10/11 12:24 PM
Minute Entry for proceedings held before Judge Frederic Block: Karen Berberich, Esq. for the plaintiff; John Juliano, Esq for defendant Esen and Ann Garcia, Esq for defendant Trans Express, all present. Pre-motion conference held on 10/11/2017. Plaintiffs anticipated motion for judgment on the pleadings or a motion for summary judgment as to the answering defendants was discussed. Plaintiff will pursue default judgments against the defaulting defendants. By October 19, 2017 counsel shall ECF file a letter with their agreed upon briefing schedule. Counsel shall serve and ECF file their fully briefed motion according to J. Blocks motion rules. (Court Reporter: Not Reported) (Innelli, Michael) |
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| Friday, September 29, 2017 | ||
| 28 | 28
answer
Answer to Complaint Crossclaim
Fri 09/29 4:19 PM
ANSWER to1 Complaint, , CROSSCLAIM against Luann Esen, Metin G. Esen, Gedeon Engineering P.C., Avinash Miser, Harpaul Narain, Naavendra Narain, Resorts World Corp., Anil Richards, Ruttura & Sons Construction Co., Inc. by Trans Express, Inc.. (Ladia, Marie) |
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| Wednesday, September 27, 2017 | ||
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order
Scheduling Order
Wed 09/27 11:12 AM
SCHEDULING ORDER: The pre-motion conference scheduled for October 5, 2017 is being adjourned by the Court to October 11, 2017 @ 11AM due to a conflict with the Court's calendar. There will not be a formal notice mailed to counsel. Upon receipt of this email counsel shall confirm with each other the new date and time of this conference. Ordered by Judge Frederic Block on 9/27/2017. (Innelli, Michael) |
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| Monday, September 18, 2017 | ||
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order
Scheduling Order
Mon 09/18 10:15 AM
SCHEDULING ORDER: The pre-motion conference scheduled for September 22, 2017 is being adjourned by the Court to October 5, 2017 @ 11AM due to a conflict with the Court's calendar. There will not be a formal notice mailed to counsel. Upon receipt of this email counsel shall confirm with each other the new date and time of this conference. Ordered by Judge Frederic Block on 9/18/2017. (Innelli, Michael) |
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| Monday, August 28, 2017 | ||
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order
Scheduling Order
Mon 08/28 9:30 AM
SCHEDULING ORDER: The pre-motion conference scheduled for September 7, 2017 is being adjourned by the Court to September 22, 2017 @ 11AM due to a conflict with the Court's calendar. There will not be a formal notice mailed to counsel. Upon receipt of this email counsel shall confirm with each other the new date and time of this conference. Ordered by Judge Frederic Block on 8/28/2017. (Innelli, Michael) |
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| Tuesday, July 18, 2017 | ||
| 27 | 27
order
Order on Motion for Pre Motion Conference
Tue 07/18 3:32 PM
ORDER: Plaintiff's letter application24 dated 6/5/17 is GRANTED. A pre motion conference is schedule for September 7, 2017 @ 11AM. There will be no formal notice mailed to counsel. Upon receipt of this email counsel shall confirm with each other the date and time of this conference. If this date presents a conflict counsel shall first obtain the consent from all the parties to adjourn this conference and then file a letter application. Ordered by Judge Frederic Block on 7/18/2017. (Innelli, Michael) |
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| Wednesday, June 14, 2017 | ||
| 26 | 26
notice
Notice of Voluntary Dismissal
Wed 06/14 12:38 PM
NOTICE of Voluntary Dismissal by Allstate Property And Casualty Insurance Company against defts. JCJ Architecture, Genting Malaysia Berhard a/k/a The Genting Group, NY Racing Assoc., Resorts World Casino NYC, Genting NY, LLC, Ruttura & Sons, Tutor Perini Building Corp., Tutor Perini Corp. & Gedeon Egineering (Berberich, Karen) |
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order
Order Dismissing Parties
Wed 06/14 12:53 PM
ELECTRONIC Order Dismissing: Defendants JCJ Architecture, P.C., New York Racing Association, Inc., Resorts World Casino New York City, Tutor Perini Building Corp., Tutor Perini Corporation, Genting Malaysia Berhard and Genting New York, LLC, only. See entry26 . Ordered by Judge Frederic Block on 6/14/2017. (Innelli, Michael) |
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| Tuesday, June 06, 2017 | ||
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order
Order on Motion to Adjourn Conference 1 - Terminate Hearings
Tue 06/06 9:21 AM
ORDER granting25 Motion to Adjourn 6/15/2017 Conference sine die. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 6/6/2017. (Vertus, Miriam) |
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| Monday, June 05, 2017 | ||
| 25 | 25
motion
Adjourn Conference
Mon 06/05 3:27 PM
Letter MOTION to Adjourn Conference by Allstate Property And Casualty Insurance Company. (Berberich, Karen) |
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| 24 | 24
motion
Pre Motion Conference
Mon 06/05 3:24 PM
Letter MOTION for pre motion conference by Allstate Property And Casualty Insurance Company. (Berberich, Karen) |
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| Wednesday, May 17, 2017 | ||
| 23 | 23
order
Scheduling Order
Wed 05/17 9:51 AM
SCHEDULING ORDER: Initial Conference set for 6/15/2017 at 11:00 AM in Courtroom 2E North before Magistrate Judge Ramon E. Reyes Jr., located in the United States Eastern District of New York Courthouse, 225 Cadman Plaza East, Brooklyn, New York 11201. All counsel are required to attend, and plaintiff's counsel is directed to ensure that all counsel are aware of their obligation to appear. Any requests for adjournment must be made in writing on notice to opposing parties, and must disclose whether all parties consent. No request for adjournment will be considered unless made at least forty-eight (48) hours before the scheduled conference. Prior to the conference, the parties are to comply with the requirements of Rule 26(f) of the Fed. R. Civ. P. (See main document) Case Management Statement must be completed and filed on ECF no later than 6/12/2017. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 5/17/2017. (Vertus, Miriam) |
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| Monday, May 15, 2017 | ||
| 22 | 22
answer
Answer to Complaint
Mon 05/15 4:34 PM
ANSWER to Complaint by Luann Esen. (Juliano, John) |
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| 21 | 21
answer
Answer to Complaint
Mon 05/15 4:30 PM
ANSWER to Complaint by Metin G. Esen. (Juliano, John) |
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| Wednesday, May 10, 2017 | ||
| 20 | 20
service
Summons Returned Executed
Wed 05/10 5:12 PM
SUMMONS Returned Executed by Allstate Property And Casualty Insurance Company. Tutor Perini Corporation served on 4/24/2017, answer due 5/15/2017. (Berberich, Karen) |
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| 19 | 19
service
Summons Returned Executed
Wed 05/10 5:09 PM
SUMMONS Returned Executed by Allstate Property And Casualty Insurance Company. Naavendra Narain served on 5/9/2017, answer due 5/30/2017. (Berberich, Karen) |
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| 18 | 18
service
Summons Returned Executed
Wed 05/10 5:08 PM
SUMMONS Returned Executed by Allstate Property And Casualty Insurance Company. Avinash Miser served on 5/1/2017, answer due 5/22/2017. (Berberich, Karen) |
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| 17 | 17
service
Summons Returned Executed
Wed 05/10 5:07 PM
SUMMONS Returned Executed by Allstate Property And Casualty Insurance Company. Harpaul Narain served on 4/24/2017, answer due 5/15/2017. (Berberich, Karen) |
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| 16 | 16
service
Summons Returned Executed
Wed 05/10 5:06 PM
SUMMONS Returned Executed by Allstate Property And Casualty Insurance Company. Anil Richards served on 4/25/2017, answer due 5/16/2017. (Berberich, Karen) |
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| 15 | 15
service
Summons Returned Executed
Wed 05/10 5:04 PM
SUMMONS Returned Executed by Allstate Property And Casualty Insurance Company. Genting Malaysia Berhard served on 4/27/2017, answer due 5/18/2017. (Berberich, Karen) |
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| 14 | 14
service
Summons Returned Executed
Wed 05/10 5:03 PM
SUMMONS Returned Executed by Allstate Property And Casualty Insurance Company. Metin G. Esen served on 4/28/2017, answer due 5/19/2017. (Berberich, Karen) |
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| 13 | 13
service
Summons Returned Executed
Wed 05/10 5:02 PM
SUMMONS Returned Executed by Allstate Property And Casualty Insurance Company. Luann Esen served on 4/28/2017, answer due 5/19/2017. (Berberich, Karen) |
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| 12 | 12
service
Summons Returned Executed
Wed 05/10 4:57 PM
SUMMONS Returned Executed by Allstate Property And Casualty Insurance Company. New York Racing Association, Inc. served on 4/27/2017, answer due 5/18/2017. (Berberich, Karen) |
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| 11 | 11
service
Summons Returned Executed
Wed 05/10 4:56 PM
SUMMONS Returned Executed by Allstate Property And Casualty Insurance Company. Trans Express, Inc. served on 4/24/2017, answer due 5/15/2017. (Berberich, Karen) |
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| 10 | 10
service
Summons Returned Executed
Wed 05/10 4:55 PM
SUMMONS Returned Executed by Allstate Property And Casualty Insurance Company. Tutor Perini Building Corp. served on 4/24/2017, answer due 5/15/2017. (Berberich, Karen) |
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| 9 | 9
service
Summons Returned Executed
Wed 05/10 4:53 PM
SUMMONS Returned Executed by Allstate Property And Casualty Insurance Company. Ruttura & Sons Construction Co., Inc. served on 5/1/2017, answer due 5/22/2017. (Berberich, Karen) |
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| 8 | 8
service
Summons Returned Executed
Wed 05/10 4:52 PM
SUMMONS Returned Executed by Allstate Property And Casualty Insurance Company. JCJ Architecture, P.C. served on 5/1/2017, answer due 5/22/2017. (Berberich, Karen) |
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| 7 | 7
service
Summons Returned Executed
Wed 05/10 4:50 PM
SUMMONS Returned Executed by Allstate Property And Casualty Insurance Company. Resorts World Casino New York City served on 5/1/2017, answer due 5/22/2017; Resorts World Corp. served on 5/1/2017, answer due 5/22/2017. (Berberich, Karen) |
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| 6 | 6
service
Summons Returned Executed
Wed 05/10 4:48 PM
SUMMONS Returned Executed by Allstate Property And Casualty Insurance Company. Genting New York, LLC served on 4/27/2017, answer due 5/18/2017. (Berberich, Karen) |
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| 5 | 5
service
Summons Returned Executed
Wed 05/10 4:46 PM
SUMMONS Returned Executed by Allstate Property And Casualty Insurance Company. Gedeon Engineering P.C. served on 5/1/2017, answer due 5/22/2017. (Berberich, Karen) |
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| Thursday, April 20, 2017 | ||
| 4 | 4
service
Summons Issued
Thu 04/20 3:45 PM
Summons Issued as to Genting Malaysia Berhard, Metin G. Esen, Gedeon Engineering P.C., Genting New York, LLC, JCJ Architecture, P.C., Avinash Miser, Harpaul Narain, Naavendra Narain, New York Racing Association, Inc., Resorts World Casino New York City, Resorts World Corp., Anil Richards, Ruttura & Sons Construction Co., Inc., Trans Express, Inc., Tutor Perini Building Corp., Tutor Perini Corporation. (Davis, Kimberly) |
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| 3 | 3
misc
Quality Control Check - Attorney Case Opening
Thu 04/20 3:43 PM
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly) |
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| 2 | 2
misc
Clerks Notice of Rule 73
Thu 04/20 3:35 PM
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:[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. (Davis, Kimberly) |
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utility
Case Assigned/Reassigned
Thu 04/20 3:35 PM
Case Assigned to Judge Frederic Block and Magistrate Judge Ramon E. Reyes, Jr. Please download and review the Individual Practices of the assigned Judges, located on our[LINK:website] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Davis, Kimberly) |
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| Wednesday, April 19, 2017 | ||
| 1 | 1
cmp
Complaint
Wed 04/19 12:17 PM
COMPLAINT against All Defendants filing fee $ 400, receipt number 0207-9460235 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Allstate Property And Casualty Insurance Company. (Berberich, Karen) |
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Att: 1
Civil Cover Sheet,
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Att: 2
Proposed Summons,
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Att: 3
Exhibit Exhibit A - Summons and Complaint in Underlying Action,
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Att: 4
Exhibit Exhibit B - Allstate Policy
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