New York Eastern District Court
Judge:Dora Lizette Irizarry
Referred: Robert M Levy
Case #: 1:17-cv-03730
Nature of Suit110 Contract - Insurance
Cause28:1335 Interpleader Action
Case Filed:Jun 21, 2017
Terminated:Mar 28, 2018
Last checked: Monday Dec 18, 2017 3:48 AM EST
Cross Claimant
Thomas Dinapoli
Represented By
Steven Leon Banks
Nys Office Of The Attorney General
contact info
Monica Anne Connell
Office Of The New York State Attorney General
contact info
Cross Defendant
Nelson Cruz
Represented By
Michael Hoover
Interpleader Law, LLC
contact info
Cross Defendant
Denise L. Nappier
Defendant
Nelson Cruz
Represented By
Michael Hoover
Interpleader Law, LLC
contact info
Defendant
Thomas Dinapoli
Represented By
Steven Leon Banks
Nys Office Of The Attorney General
contact info
Monica Anne Connell
Office Of The New York State Attorney General
contact info
Defendant
Denise L. Nappier
Plaintiff
Aetna Life Insurance Company
Represented By
Kenneth John Kelly
Epstein Becker & Green, P.C.
contact info
ThirdParty Defendant
Tito Oquendo, Jr.
ThirdParty Plaintiff
Nelson Cruz
Represented By
Michael Hoover
Interpleader Law, LLC
contact info


Docket last updated: 04/22/2024 11:59 PM EDT
Wednesday, March 28, 2018
22 22 3 pgs order Order Dismissing Case Wed 03/28 4:12 PM
STIPULATION AND ORDER: this action, including all counterclaims and cross-claims, is dismissed with prejudice and without costs to any party. So Ordered by Chief Judge Dora Lizette Irizarry on 3/27/2018. (Williams, Erica)
Related: [-]
Monday, March 26, 2018
21 21 misc Letter Mon 03/26 2:37 PM
Letter From Kenneth J. Kelly to The Honorable Robert M. Levy, Dated March 26, 2018, Advising That This Matter Has Been Resolved, And Asking The Court to So Order The Attached Stipulation by Aetna Life Insurance Company (Kelly, Kenneth)
Related: [-]
Att: 1 Stipulation And Order,
Att: 2 Exhibit A to Stipulation And Order,
Att: 3 Affidavit of Tito Oquendo Myree
Monday, October 16, 2017
19 19 answer Answer to Crossclaim Mon 10/16 10:05 PM
ANSWER to15 Answer to Complaint, Crossclaim by Nelson Cruz. (Hoover, Michael)
Related: [-]
Tuesday, October 10, 2017
minutes Initial Conference Hearing Tue 10/10 3:54 PM
Minute Entry for proceedings held before Magistrate Judge Robert M. Levy: Kenneth J. Kelly, plaintiff; Michael Hoover, Cruz; Steven Banks, State/Dinapoli. (1) Scheduling order entered. Discovery deadline 3/30/18. Next conference 4/4/18 at 2:00 (tel)(close of discovery). (2) Plaintiff will circulate a stipulation authorizing the deposit of the insurance proceeds in the registry of this court pending resolution of this case. Initial Conference Hearing held on 10/10/2017 (Levy, Robert)
Related: [-]
Friday, October 06, 2017
18 18 motion Appear by Telephone Fri 10/06 11:55 AM
Letter Motion to Appear by Telephone by Nelson Cruz. (Hoover, Michael)
Related: [-]
17 17 misc Letter Fri 10/06 11:12 AM
Letter to The Honorable Robert M. Levy by Aetna Life Insurance Company (Kelly, Kenneth)
Related: [-]
order Order on Motion to Appear by Telephone Fri 10/06 5:24 PM
ORDER granting18 Motion to Appear by Telephone. Ordered by Magistrate Judge Robert M. Levy on 10/6/2017. (Levy, Robert)
Related: [-]
Monday, September 25, 2017
16 16 service Certificate of Service Mon 09/25 2:08 PM
CERTIFICATE OF SERVICE by Thomas Dinapoli re15 Answer to Complaint, Crossclaim on Treasurer Denise L. Nappier (Banks, Steven)
Related: [-]
15 15 answer Answer to Complaint Crossclaim Mon 09/25 11:57 AM
ANSWER to1 Complaint, , CROSSCLAIM against Nelson Cruz, Denise L. Nappier by Thomas Dinapoli. (Banks, Steven)
Related: [-]
14 14 notice Notice of Appearance Mon 09/25 11:55 AM
NOTICE of Appearance by Steven Leon Banks on behalf of Thomas Dinapoli (aty to be noticed) (Banks, Steven)
Related: [-]
Tuesday, September 19, 2017
order Order on Motion for Extension of Time to Answer Tue 09/19 5:35 PM
ORDER granting13 Motion for Extension of Time to Answer Thomas Dinapoli answer due 9/25/2017.. Ordered by Magistrate Judge Robert M. Levy on 9/19/2017. (Levy, Robert)
Related: [-]
Friday, September 15, 2017
13 13 motion Extension of Time to File Answer Fri 09/15 10:53 AM
Letter MOTION for Extension of Time to File Answer to Interpleader Complaint by Thomas Dinapoli. (Connell, Monica)
Related: [-]
Thursday, August 24, 2017
12 12 order Scheduling Order Thu 08/24 10:42 AM
SCHEDULING ORDER: Initial Conference set for 10/10/2017 at 3:30 PM in Courtroom 11B South before Magistrate Judge Robert M. Levy. Ordered by Magistrate Judge Robert M. Levy on 8/24/2017. (Marino, Janine) Modified, to correct conf. date on 8/24/2017 (Marino, Janine). (Main Document 12 replaced on 8/24/2017) (Marino, Janine)
Related: [-]
Wednesday, August 23, 2017
11 11 answer Answer to Complaint Third Party Complaint Wed 08/23 11:24 PM
ANSWER to1 Complaint, , THIRD PARTY COMPLAINT against Tito Oquendo, Jr by Nelson Cruz. (Hoover, Michael)
Related: [-]
Tuesday, August 22, 2017
order Order on Motion for Extension of Time to File Response/Reply Tue 08/22 9:48 AM
ORDER granting9 Motion for Extension of Time -- The request is granted nunc pro tunc . Per my individual rules, such requests are to be made to the assigned magistrate judge. So Ordered by Chief Judge Dora Lizette Irizarry on 8/22/2017. (Carosella, Christy)
Related: [-]
order Order on Motion for Leave to Appear Pro Hac Vice Tue 08/22 6:18 PM
ORDER granting10 Motion for Leave to Appear Pro Hac Vice The attorney shall register for ECF, registration is available online at the NYEDs homepage. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure that the 150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee ... Ordered by Magistrate Judge Robert M. Levy on 8/22/2017. (Levy, Robert)
Related: [-]
Friday, August 18, 2017
10 10 motion Appear Pro Hac Vice Fri 08/18 11:01 AM
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-9767672. by Nelson Cruz. (Hoover, Michael)
Related: [-]
Att: 1 Affidavit,
Att: 2 Certificate of Good Standing
Wednesday, July 19, 2017
9 9 motion Extension of Time to File Response/Reply Wed 07/19 11:28 AM
Letter MOTION for Extension of Time to File Response/Reply as to1 Complaint, dated 07 19-2017 by Thomas Dinapoli. (Connell, Monica)
Related: [-]
8 8 notice Notice of Appearance Wed 07/19 11:25 AM
NOTICE of Appearance by Monica Anne Connell on behalf of Thomas Dinapoli (aty to be noticed) (Connell, Monica)
Related: [-]
Thursday, July 13, 2017
7 7 service Summons Returned Executed Thu 07/13 1:17 PM
SUMMONS Returned Executed by Aetna Life Insurance Company. Denise L. Nappier served on 6/29/2017, answer due 7/20/2017. (Kelly, Kenneth)
Related: [-]
Thursday, June 29, 2017
6 6 service Summons Returned Executed Thu 06/29 3:21 PM
SUMMONS Returned Executed by Aetna Life Insurance Company. Thomas Dinapoli served on 6/29/2017, answer due 7/20/2017. (Kelly, Kenneth)
Related: [-]
Wednesday, June 28, 2017
5 5 service Waiver of Service Executed Wed 06/28 4:05 PM
WAIVER OF SERVICE Returned Executed by Aetna Life Insurance Company. Nelson Cruz waiver sent on 6/28/2017, answer due 8/28/2017. (Kelly, Kenneth)
Related: [-]
Wednesday, June 21, 2017
4 4 misc Quality Control Check - Attorney Case Opening Wed 06/21 12:16 PM
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla)
Related: [-]
3 3 misc Clerks Notice of Rule 73 Wed 06/21 12:15 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. (Bowens, Priscilla)
Related: [-]
2 2 service Summons Issued Wed 06/21 12:15 PM
Summons Issued as to All Defendants. (Bowens, Priscilla)
Related: [-]
1 1 cmp Complaint Wed 06/21 9:42 AM
COMPLAINT against Nelson Cruz, Thomas Dinapoli, Denise L. Nappier filing fee $ 400, receipt number 0207-9621205 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Aetna Life Insurance Company. (Kelly, Kenneth)
Related: [-]
Att: 1 Civil Cover Sheet,
Att: 2 Proposed Summons for Thomas DiNapoli,
Att: 3 Proposed Summons for Nelson Cruz,
Att: 4 Proposed Summons for Denise L. Nappier
utility Case Assigned/Reassigned Wed 06/21 12:10 PM
Case assigned to Chief Judge Dora Lizette Irizarry and Magistrate Judge Robert M. Levy. 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. (Bowens, Priscilla)
Related: [-]