Sirob Imports Inc. v. Mount Vernon Fire Insurance Company

New York Eastern District Court
Judge:	Pamela K Chen
Referred:	Cheryl L Pollak
Case #:	2:19-cv-00314
Nature of Suit	110 Contract - Insurance
Cause	28:1332 Diversity-Notice of Removal

Case Filed:	Jan 16, 2019
Terminated:	Mar 31, 2020

Last checked: Monday Jul 15, 2019 4:41 AM EDT

Defendant Mount Vernon Fire Insurance Company	Represented By Todd Russell Harris Goldberg Segalla, LLP contact info
Plaintiff Sirob Imports Inc.	Represented By Mitchell J. Winn Law Office Of Mitchell J. Winn, PLLC contact info

GPO Mar 31 2020
ORDER: For the reasons stated in the attached Memorandum and Order, the Court grants Defendant's motion for summary judgment and denies Plaintiff's cross-motion. Plaintiff's complaint is dismissed with prejudice. The Clerk of Court is respectfully directed to enter judgment and close the case. Ordered by Judge Pamela K. Chen on 3/31/2020. (Shi, Yi Qing)

Docket last updated: 05/02/2025 11:59 PM EDT

Tuesday, March 31, 2020
25		25 order Judgment - Clerk Wed 04/01 12:59 PM CLERK'S JUDGMENT, that Defendant's motion for summary judgment is granted; that Plaintiff's cross-motion is denied; and that Plaintiff's complaint is dismissed with prejudice. Signed by Douglas C. Palmer, Clerk of Court, by J. Poveda, Deputy Clerk on 3/31/2020. (Layne, Monique) Related: [-]
24		24 16 pgs order Order on Motion for Summary Judgment Tue 03/31 9:53 PM ORDER: For the reasons stated in the attached Memorandum and Order, the Court grants Defendant's motion for summary judgment and denies Plaintiff's cross-motion. Plaintiff's complaint is dismissed with prejudice. The Clerk of Court is respectfully directed to enter judgment and close the case. Ordered by Judge Pamela K. Chen on 3/31/2020. (Shi, Yi Qing) Related: [-]
Thursday, February 13, 2020
		minutes Motion Hearing Thu 02/13 7:24 PM Minute Entry for proceedings held before Judge Pamela K. Chen: Oral argument on cross motions for summary judgment held on February 13, 2020. Appearances by Mitchell Winn for Plaintiff; Todd Harris for Defendant. Case called. Discussion held. The parties presented oral arguments on the cross motions for summary judgment. The Court reserved decision. (Court Reporter Denise Parisi.) (Shi, Yi Qing) Related: [-]
Wednesday, January 29, 2020
		order Scheduling Order Wed 01/29 4:09 PM ORDER: The Court will hold a limited oral argument on the issue of whether Counts III-V are covered under the Sub-Limit Endorsement, if the Court were to find that they are not covered under the main policy. The oral argument will take place on 2/13/2020 at 10 a.m. in Courtroom 4F North. Ordered by Judge Pamela K. Chen on 1/29/2020. (Shi, Yi Qing) Related: [-]
Friday, August 09, 2019
23		23 respoth Reply in Opposition Fri 08/09 6:19 PM REPLY in Opposition re21 Affidavit in Opposition to Motion, filed by Mount Vernon Fire Insurance Company. (Harris, Todd) Related: [-]
22		22 respm Response in Opposition to Motion Reply in Opposition Fri 08/09 5:32 PM RESPONSE in Opposition re20 First MOTION for Summary Judgment , REPLY in Opposition filed by Mount Vernon Fire Insurance Company. (Harris, Todd) Related: [-]
21		21 respm Affidavit/Declaration in Opposition to Motion Fri 08/09 4:22 PM AFFIDAVIT/DECLARATION in Opposition re18 MOTION for Summary Judgment of Mitchell Winn filed by Sirob Imports Inc.. (Winn, Mitchell) Related: [-]
		Att: 1 Exhibit Stipulation of Undisputed Facts,
		Att: 2 Declaration Boboris Declaration,
		Att: 3 Memorandum in Opposition
20		20 motion Summary Judgment Fri 08/09 4:18 PM First MOTION for Summary Judgment by Sirob Imports Inc.. (Winn, Mitchell) Related: [-]
		Att: 1 Declaration,
		Att: 2 Declaration,
		Att: 3 Exhibit Stipulation of Undisputed Facts,
		Att: 4 Memorandum in Support,
		Att: 5 Declaration,
		Att: 6 Exhibit Declaration in Opposition to Defendant's Summary Judgment Motion,
		Att: 7 Exhibit Memorandum of Law in Opposition to Defendant's Summary Judgment Motion
19		19 misc Letter Fri 08/09 4:10 PM Letter to Judge Pamela K. Chen by Sirob Imports Inc. (Winn, Mitchell) Related: [-]
18		18 motion Summary Judgment Fri 08/09 2:23 PM MOTION for Summary Judgment by Mount Vernon Fire Insurance Company. (Harris, Todd) Related: [-]
		Att: 1 Declaration Declaration of Todd R. Harris,
		Att: 2 Exhibit Exhibits 1 and 2 to Declaration of Todd R. Harris,
		Att: 3 Supplement Joint Stipulation of Undisputed Material Facts,
		Att: 4 Exhibit Exhibits A-I to Joint Stipulation of Undisputed Material Facts,
		Att: 5 Memorandum in Support Mount Vernon's Brief In Support of Its Motion for Summary Judgment,
		Att: 6 Certificate of Service Certification of Service,
		Att: 7 Proposed Order Proposed Order
Monday, July 29, 2019
17		17 misc Letter Mon 07/29 4:26 PM Letter to Judge Pamela Ghen by Sirob Imports Inc. (Winn, Mitchell) Related: [-]
16		16 misc Letter Mon 07/29 2:16 PM Letter to Mitchell Winn, Esq. RE Mount Vernon Fire Insurance Company's Opposition to Plaintiff's Motion for Summary Judgment by Mount Vernon Fire Insurance Company (Harris, Todd) Related: [-]
Friday, June 28, 2019
15		15 misc Letter Fri 06/28 4:02 PM Letter to Judge Chen by Sirob Imports Inc. (Winn, Mitchell) Related: [-]
14		14 misc Letter Fri 06/28 10:58 AM Letter of Todd R. Harris RE Service of Summary Judgment Motion by Mount Vernon Fire Insurance Company (Harris, Todd) Related: [-]
Wednesday, May 15, 2019
		order Scheduling Order Wed 05/15 5:05 PM ORDER: The parties'13 joint proposed briefing schedule is So Ordered. The Court sets the following deadlines: (1) the parties shall serve their respective motions by June 28, 2019 ; (2) the parties shall serve their respective briefs in opposition by July 29, 2019 ; and (3) the parties may serve their respective replies, if any, by August 9, 2019 . Furthermore, as indicated in the parties' joint letter, the Court grants permission for the parties to file separate Rule 56.1 statements if necessary. As a courtesy to the Court, the parties are encouraged to not file their motion papers until the motion is fully briefed. If the parties follow this practice, the notice of motion and all supporting papers are to be served on the other parties along with a cover letter setting forth whom the movant represents and the papers being served. Only a copy of the cover letter should be filed electronically, as a letter, not as a motion. On the day the motion is fully briefed, in this case on August 9, 2019, each party shall electronically file its moving papers. Ordered by Judge Pamela K. Chen on 5/15/2019. (Brodziak, Maya) Related: [-]
Monday, May 13, 2019
13		13 misc Letter Mon 05/13 3:28 PM Letter Letter Submitting a Jointly Proposed Briefing Schedule by Mount Vernon Fire Insurance Company (Harris, Todd) Related: [-]
Tuesday, April 30, 2019
		order Order on Motion for Pre Motion Conference Tue 04/30 1:57 PM ORDER: The Court denies as unnecessary Defendant's10 motion for a pre-motion conference. The Court grants Defendant leave to file its anticipated motion to dismiss and grants Plaintiff leave to file its anticipated motion for summary judgment. The parties shall confer and submit a proposed briefing schedule to the Court by May 14, 2019 . In allowing briefing to proceed in this unusual manner, the Court assumes that the only relevant, undisputed facts are the existence of the contract, the relevant contract provisions, and the allegations in the underlying action, Guevara et al v. Sirob Imports, Inc., at al, 15-CV-02895 (DRH) (GRB). Thus, the Court does not expect the parties to submit formal 56.1 statements, unless they indicate otherwise in their proposed briefing schedule. Ordered by Judge Pamela K. Chen on 4/30/2019. (Brodziak, Maya) Related: [-]
Monday, April 29, 2019
12		12 misc Clerks Notice of Rule 73 Mon 04/29 10:12 AM 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. (Russo, Eric) Related: [-]
		utility Case Assigned/Reassigned Mon 04/29 10:11 AM Case Reassigned to Judge Pamela K. Chen and Magistrate Judge Cheryl L. Pollak. Judge Joan M. Azrack and Magistrate Judge Anne Y. Shields no longer assigned to the case. 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. (Russo, Eric) Related: [-]
Thursday, February 14, 2019
11		11 misc Letter Thu 02/14 10:09 PM Letter to Judge Azrack by Sirob Imports Inc. (Winn, Mitchell) Related: [-]
Tuesday, February 12, 2019
10		10 motion Pre Motion Conference Tue 02/12 12:44 PM Letter MOTION for pre motion conference by Mount Vernon Fire Insurance Company. (Harris, Todd) Related: [-]
Monday, February 11, 2019
9		9 notice Notice of Appearance Mon 02/11 2:15 PM NOTICE of Appearance by Todd Russell Harris on behalf of Mount Vernon Fire Insurance Company (notification declined or already on case) (Harris, Todd) Related: [-]
Monday, February 04, 2019
8		8 misc State Court Record Fri 02/08 9:36 AM STATE COURT RECORD Received from Supreme Court of the State of NY, Ctny. of Suffolk, 624094/2018; Received on 2/4/2019; Received Certified Clerks Minutes and Notice of Removal. (Ortiz, Grisel) Related: [-]
Wednesday, January 23, 2019
		order Order on Motion for Extension of Time to File Response/Reply Wed 01/23 10:02 AM ORDER granting7 Motion for Extension of Time to File Response/Reply: The time for Defendant Mount Vernon Fire Insurance Company to answer or otherwise respond to Plaintiff's Complaint is extended to February 13, 2019. So Ordered by Magistrate Judge Anne Y. Shields on 1/23/2019. (Minerva, Deanna) Related: [-]
Tuesday, January 22, 2019
7		7 motion Extension of Time to File Response/Reply Tue 01/22 12:56 PM MOTION for Extension of Time to File Response/Reply Stipulation Extending Time to Move, Answer or Respond to Complaint (So Ordered) by Mount Vernon Fire Insurance Company. (Harris, Todd) Related: [-]
Friday, January 18, 2019
6		6 misc Clerks Notice of Rule 73 Fri 01/18 11:04 AM 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. (Flanagan, Doreen) Related: [-]
5		5 misc Quality Control Check - Attorney Case Opening Fri 01/18 10:58 AM This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Flanagan, Doreen) Related: [-]
		utility Case Assigned/Reassigned Fri 01/18 11:03 AM Case Assigned to Judge Joan M. Azrack and Magistrate Judge Anne Y. Shields. 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. (Flanagan, Doreen) Related: [-]
Thursday, January 17, 2019
4		4 misc Proposed Summons/Civil Cover Sheet Thu 01/17 12:24 PM Civil Cover Sheet.. by Mount Vernon Fire Insurance Company (Harris, Todd) Related: [-]
Wednesday, January 16, 2019
3		3 notice Notice of Appearance Wed 01/16 4:59 PM NOTICE of Appearance by Todd Russell Harris on behalf of Mount Vernon Fire Insurance Company (notification declined or already on case) (Harris, Todd) Related: [-]
2		2 misc Corporate Disclosure Statement Wed 01/16 4:57 PM Corporate Disclosure Statement by Mount Vernon Fire Insurance Company identifying Corporate Parent United States Liability Insurance Company for Mount Vernon Fire Insurance Company. (Harris, Todd) Related: [-]
1		1 notice Notice of Removal Wed 01/16 3:44 PM NOTICE OF REMOVAL by Mount Vernon Fire Insurance Company from Supreme Court County of Suffolk, case number 624094/2018. ( Filing fee $ 400 receipt number ANYEDC-11111233) (Harris, Todd) Related: [-]
		Att: 1 Civil Cover Sheet,
		Att: 2 Exhibit A (Summons & Complaint),
		Att: 3 Exhibit B (Class Action Complaint),
		Att: 4 Exhibit C (Policy Endorsements),
		Att: 5 Certificate of Service
		utility Incorrect Case-Document Information Wed 01/16 4:10 PM A completed Civil Cover Sheet was not filed - Specifically Page 2 of the document; the Clerk's Office cannot assign this case without a completed Civil Cover Sheet. Counsel is directed to submit the Civil Cover Sheet using the event Proposed Summons/Civil Cover Sheet. (Flanagan, Doreen) Related: [-]

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