SD SECOND AVENUE MEMBER LLC et al v. Scottsdale Insurance Company
| New York Southern District Court | |
| Judge: | John P Cronan |
| Case #: | 1:24-cv-00217 |
| Nature of Suit | 110 Contract - Insurance |
| Cause | 28:1332in Diversity-Insurance Contract |
| Case Filed: | Jan 10, 2024 |
| Terminated: | Aug 14, 2024 |
| Last checked: Monday Jul 08, 2024 4:35 AM EDT |
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Counter Claimant
Scottsdale Insurance Company
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Represented By
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Counter Defendant
359 Second Avenue Gramercy LLC
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Represented By
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Counter Defendant
Silverback Acquisitions and Development LLC
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Represented By
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Counter Defendant
67 Livingston LLC
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Represented By
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Counter Defendant
Silverback Acquisitions LLC
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Represented By
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Counter Defendant
JVEM Silverback Gramercy LLC
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Represented By
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Counter Defendant
SD Second Avenue Manager LLC
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Represented By
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Counter Defendant
Schuster Enterprises LLC
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Represented By
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Counter Defendant
SD Second Avenue Member LLC
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Represented By
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Counter Defendant
Joshua Schuster
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Represented By
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Defendant
Scottsdale Insurance Company
One Nationwide Boulevard
Columbus, OH 43215 |
Represented By
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Plaintiff
SD Second Avenue Member LLC
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Represented By
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Plaintiff
Joshua Schuster
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Represented By
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Plaintiff
SD Second Avenue Manager LLC
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Represented By
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Plaintiff
Schuster Enterprises LLC
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Represented By
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Plaintiff
JVEM Silverback Gramercy LLC
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Represented By
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Plaintiff
67 Livingston LLC
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Represented By
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Plaintiff
Silverback Acquisitions LLC
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Represented By
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Plaintiff
359 Second Avenue Gramercy LLC
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Represented By
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Plaintiff
Silverback Acquisitions and Development LLC
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Represented By
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| Docket last updated: 05/08/2025 11:59 PM EDT |
| Tuesday, October 15, 2024 | ||
| 44 | 44
misc
Stipulation of Voluntary Dismissal
Tue 10/15 11:27 AM
STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Scottsdale Insurance Company and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Scottsdale Insurance Company. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). ..(Brennan, William) |
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misc
Notice to Attorney Regarding Deficient Voluntary Dismissal
Tue 10/15 8:54 AM
***NOTICE TO ATTORNEY REGARDING DEFICIENT VOLUNTARY DISMISSAL. Notice to Attorney William Brennan. RE-FILE Document No. 43 Stipulation of Voluntary Dismissal. The filing is deficient for the following reason(s): the wrong party/parties whom the voluntary dismissal is against was/were selected. Please select the defendant's name. Re-file the document using the event type Stipulation of Voluntary Dismissal found under the event list Other Documents - select the correct filer/filers - select the correct party/parties the voluntary dismissal is against - and attach the correct signed PDF. (km) |
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| Friday, October 11, 2024 | ||
| 43 | 43
misc
Stipulation of Voluntary Dismissal
Fri 10/11 5:15 PM
STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Scottsdale Insurance Company, 359 Second Avenue Gramercy LLC, 67 Livingston LLC, JVEM Silverback Gramercy LLC, SD Second Avenue Manager LLC, SD Second Avenue Member LLC, Joshua Schuster, Schuster Enterprises LLC, Silverback Acquisitions LLC, Silverback Acquisitions and Development LLC and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Scottsdale Insurance Company. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). ..(Brennan, William) |
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| Thursday, October 10, 2024 | ||
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misc
Notice to Attorney Regarding Deficient Voluntary Dismissal
Thu 10/10 10:42 AM
***NOTICE TO ATTORNEY REGARDING DEFICIENT VOLUNTARY DISMISSAL. Notice to Attorney William Brennan. RE-FILE Document No. 42 Stipulation of Voluntary Dismissal. The filing is deficient for the following reason(s): the wrong party/parties whom the voluntary dismissal is against was/were selected; the stipulation of voluntary dismissal was not signed by all parties who have appeared (handwritten signatures). Re-file the document using the event type Stipulation of Voluntary Dismissal found under the event list Other Documents - select the correct filer/filers - select the correct party/parties the voluntary dismissal is against - and attach the correct signed PDF. (km) |
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| Wednesday, October 09, 2024 | ||
| 42 | 42
misc
Stipulation of Voluntary Dismissal
Wed 10/09 10:58 AM
STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) All Parties and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Scottsdale Insurance Company. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). ..(Brennan, William) |
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| Wednesday, August 14, 2024 | ||
| 41 | 41
1
pgs
order
Order of Dismissal
Wed 08/14 4:45 PM
ORDER OF DISMISSAL The Court has been informed that the parties have reached a settlement in principle in this case. Accordingly, it is ordered that this action is dismissed without costs and without prejudice to restoring the action to the Courts calendar, provided the application to restore the action is made within sixty days of this Order in the event the settlement agreement is not completed and executed. Any such application filed after sixty days from the date of this Order may be denied solely on that basis. If the parties wish for the Court to retain jurisdiction for the purposes of enforcing any settlement agreement, they must submit the settlement agreement to the Court by the deadline to reopen to be "so ordered" by the Court. Pursuant to 3.F of the Courts Individual Rules and Practices for Civil Cases, unless the Court orders otherwise, the Court will not retain jurisdiction to enforce a settlement agreement unless it is made part of the public record. Any pending motions are moot. All conferences are canceled. The Clerk of Court is respectfully directed to close the case. SO ORDERED. (Signed by Judge John P. Cronan on 8/14/2024) (jca) |
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| 40 | 40
misc
Letter
Wed 08/14 10:58 AM
LETTER addressed to Judge John P. Cronan from James M. Young dated 08/14/2024 re: Notice of Settlement. Document filed by Scottsdale Insurance Company..(Young, James) |
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| Thursday, June 20, 2024 | ||
| 39 | 39
order
Scheduling Order
Thu 06/20 5:32 PM
ORDER SCHEDULING SETTLEMENT CONFERENCE: A settlement conference is scheduled before Magistrate Judge Barbara Moses on August 15, 2024, at 2:15 p.m., in Courtroom 20A, 500 Pearl Street, New York, NY 10007. This is an in-person proceeding. Settlement Conference set for 8/15/2024 at 02:15 PM in Courtroom 20A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Barbara C. Moses. (Signed by Magistrate Judge Barbara C. Moses on 6/20/2024) (rro) |
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| Monday, June 17, 2024 | ||
| 38 | 38
2
pgs
order
Order Referring Case to Magistrate Judge
Mon 06/17 10:36 AM
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Barbara C. Moses. SO ORDERED. (Signed by Judge John P. Cronan on 6/17/2024) (jca) |
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| 37 | 37
4
pgs
order
Order on Motion for Conference Order on Motion for Extension of Time to Complete Discovery
Mon 06/17 10:33 AM
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: granting36 Letter Motion for Conference re:36 LETTER MOTION for Conference addressed to Judge John P. Cronan from Joshua L. Mallin, Esq. dated June 14, 2024. LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge John P. Cronan from Joshua L. Mallin, Esq. dated June 14, 2024.; granting36 Letter Motion for Extension of Time to Complete Discovery. This Civil Case Management Plan (the "Plan") is submitted by the parties in accordance with Rule 26(f)(3) of the Federal Rules of Civil Procedure. All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. 28 U.S.C. § 636(c). Settlement discussions have taken place. Depositions shall be completed by 9/7/2024. All fact discovery shall be completed no later than 9/7/2024. All expert discovery, including expert depositions, shall be completed no later than 10/21/2024. This case is to be tried to a jury. Counsel for the parties have conferred and their best estimate of the length of trial is 5-7 trial days. (And as further set forth herein.) SO ORDERED. (Signed by Judge John P. Cronan on 6/17/2024) (jca) |
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utility
Set/Reset Deadlines
Mon 06/17 10:35 AM
Set/Reset Deadlines: Deposition due by 10/21/2024. Discovery due by 10/21/2024. Expert Discovery due by 10/21/2024. Fact Discovery due by 9/7/2024. (jca) |
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| Friday, June 14, 2024 | ||
| 36 | 36
motion
Conference Extension of Time to Complete Discovery
Fri 06/14 11:25 AM
LETTER MOTION for Conference addressed to Judge John P. Cronan from Joshua L. Mallin, Esq. dated June 14, 2024., LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge John P. Cronan from Joshua L. Mallin, Esq. dated June 14, 2024. Document filed by 359 Second Avenue Gramercy LLC, 67 Livingston LLC, JVEM Silverback Gramercy LLC, SD Second Avenue Manager LLC, SD Second Avenue Member LLC, Joshua Schuster, Schuster Enterprises LLC..(Mallin, Joshua) |
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Att: 1
Proposed Order Proposed Revised Case Management and Scheduling Order
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| Wednesday, June 05, 2024 | ||
| 35 | 35
respm
Reply Memorandum of Law in Opposition to Motion
Wed 06/05 4:06 PM
REPLY MEMORANDUM OF LAW in Opposition re:24 MOTION for Partial Summary Judgment on Defendant's Duty to Defend . . Document filed by Scottsdale Insurance Company..(Brennan, William) |
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Att: 1
Affidavit Declaration of James M. Young
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| Friday, May 31, 2024 | ||
| 34 | 34
2
pgs
order
Order on Motion for Leave to File Document
Fri 05/31 10:51 AM
ORDER granting32 Letter Motion for Leave to File Document. While not necessarily agreeing with Defendant's argument that Plaintiffs improperly raise in their reply brief new facts and arguments not asserted in their lead brief, the Court in its discretion grants Defendants request to file a sur-reply. By June 5, 2024, Defendant may file a sur-reply of no longer than four pages, double spaced. SO ORDERED. (Signed by Judge John P. Cronan on 5/31/2024) (jca) |
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| 33 | 33
misc
Letter
Fri 05/31 9:19 AM
LETTER addressed to Judge John P. Cronan from Joshua L. Mallin, Esq. dated May 31, 2024 re: Plaintiffs' Opposition to Defendant's Request to Write A Sur Reply. Document filed by 359 Second Avenue Gramercy LLC, 67 Livingston LLC, JVEM Silverback Gramercy LLC, SD Second Avenue Manager LLC, SD Second Avenue Member LLC, Joshua Schuster, Schuster Enterprises LLC, Silverback Acquisitions LLC, Silverback Acquisitions and Development LLC..(Johnson, Danielle) |
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utility
Set/Reset Deadlines
Fri 05/31 10:52 AM
Set/Reset Deadlines: Surreplies due by 6/5/2024. (jca) |
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| Thursday, May 30, 2024 | ||
| 32 | 32
motion
Leave to File Document
Thu 05/30 4:38 PM
LETTER MOTION for Leave to File Sur-Reply Brief by June 5, 2024 addressed to Judge John P. Cronan from James M. Young dated 5/30/2024. Document filed by Scottsdale Insurance Company..(Young, James) |
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| Wednesday, May 29, 2024 | ||
| 31 | 31
respm
Reply Memorandum of Law in Support of Motion
Wed 05/29 8:37 PM
REPLY MEMORANDUM OF LAW in Support re:24 MOTION for Partial Summary Judgment on Defendant's Duty to Defend . . Document filed by 359 Second Avenue Gramercy LLC, 67 Livingston LLC, JVEM Silverback Gramercy LLC, SD Second Avenue Manager LLC, SD Second Avenue Member LLC, Joshua Schuster, Schuster Enterprises LLC, Silverback Acquisitions LLC, Silverback Acquisitions and Development LLC..(Johnson, Danielle) |
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Att: 1
Affidavit of Joshua Schuster,
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Att: 2
Exhibit A - Fully Executed Neuman Agreement,
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Att: 3
Exhibit B - Text Exchange with Silber (9.17.2020),
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Att: 4
Exhibit C- Emails with Silber in October and November 2020
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| Wednesday, May 22, 2024 | ||
| 30 | 30
order
Memo Endorsement ~Util - Set Deadlines
Wed 05/22 12:01 PM
MEMO ENDORSEMENT on re:29 Letter, filed by 359 Second Avenue Gramercy LLC, 359 SECOND AVENUE GRAMERCY LLC, 67 Livingston LLC, Silverback Acquisitions LLC, Schuster Enterprises LLC, JVEM Silverback Gramercy LLC, Joshua Schuster, SD Second Avenue Member LLC, SD SECOND AVENUE MANAGER LLC, JVEM SILVERBACK GRAMERCY LLC, SD SECOND AVENUE MEMBER LLC, SD Second Avenue Manager LLC, Silverback Acquisitions and Development LLC. ENDORSEMENT The request is granted. Plaintiffs' deadline to file a reply is adjourned to May 29, 2024. SO ORDERED. (Signed by Judge John P. Cronan on 5/22/2024) (jca) |
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| Tuesday, May 21, 2024 | ||
| 29 | 29
misc
Letter
Tue 05/21 11:50 AM
LETTER addressed to Judge John P. Cronan from Danielle Johnson dated May 21, 2024 re: Request for Extension of Time to File Reply Papers (Partial Summary Judgment). Document filed by 359 Second Avenue Gramercy LLC, 67 Livingston LLC, JVEM Silverback Gramercy LLC, SD Second Avenue Manager LLC, SD Second Avenue Member LLC, Joshua Schuster, Schuster Enterprises LLC, Silverback Acquisitions LLC, Silverback Acquisitions and Development LLC..(Johnson, Danielle) |
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| Friday, May 10, 2024 | ||
| 28 | 28
respm
Response in Opposition to Motion
Fri 05/10 2:23 PM
RESPONSE in Opposition to Motion re:24 MOTION for Partial Summary Judgment on Defendant's Duty to Defend . Rule 56.1 Response and Statement of Additional Material FActs . Document filed by Scottsdale Insurance Company..(Brennan, William) |
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| 27 | 27
respm
Declaration in Opposition to Motion
Fri 05/10 2:21 PM
DECLARATION of Emil Soskin in Opposition re:24 MOTION for Partial Summary Judgment on Defendant's Duty to Defend .. Document filed by Scottsdale Insurance Company..(Brennan, William) |
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Att: 1
Exhibit Ex. A - Application,
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Att: 2
Exhibit Ex. B - Hearing Transcript,
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Att: 3
Exhibit Ex. C. - Plaintiffs Discovery Responses
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| 26 | 26
respm
Affirmation in Opposition to Motion
Fri 05/10 2:13 PM
AFFIRMATION of James M. Young in Opposition re:24 MOTION for Partial Summary Judgment on Defendant's Duty to Defend .. Document filed by Scottsdale Insurance Company..(Brennan, William) |
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| 25 | 25
25
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respm
Memorandum of Law in Opposition to Motion
Fri 05/10 2:12 PM
MEMORANDUM OF LAW in Opposition re:24 MOTION for Partial Summary Judgment on Defendant's Duty to Defend . . Document filed by Scottsdale Insurance Company..(Brennan, William) |
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| Friday, April 19, 2024 | ||
| 24 | 24
motion
Partial Summary Judgment
Fri 04/19 5:36 PM
MOTION for Partial Summary Judgment on Defendant's Duty to Defend . Document filed by 359 Second Avenue Gramercy LLC, 67 Livingston LLC, JVEM Silverback Gramercy LLC, SD Second Avenue Manager LLC, SD Second Avenue Member LLC, Joshua Schuster, Schuster Enterprises LLC, Silverback Acquisitions LLC, Silverback Acquisitions and Development LLC..(Johnson, Danielle) |
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Att: 1
Supplement - Memorandum of Law,
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Att: 2
Supplement - Rule 56.1 Statement of Material Facts,
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Att: 3
Affidavit - Mallin Affirmation,
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Att: 4
Exhibit A - Policy,
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Att: 5
Exhibit B - 2021 Litigation Complaint,
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Att: 6
Exhibit C- August 26, 2021 ROR Letter,
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Att: 7
Exhibit D - 2023 Litigation Complaint,
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Att: 8
Exhibit E - March 21, 2023 ROR Letter,
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Att: 9
Exhibit F - June 7, 2023 Denial Letter,
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Att: 10
Exhibit G - Default Letter and Notes
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| Thursday, March 28, 2024 | ||
| 23 | 23
order
Memo Endorsement ~Util - Set Deadlines
Thu 03/28 3:18 PM
MEMO ENDORSEMENT on re:22 Letter, filed by 359 Second Avenue Gramercy LLC, 359 SECOND AVENUE GRAMERCY LLC, 67 Livingston LLC, Silverback Acquisitions LLC, Schuster Enterprises LLC, JVEM Silverback Gramercy LLC, Joshua Schuster, SD Second Avenue Member LLC, SD SECOND AVENUE MANAGER LLC, JVEM SILVERBACK GRAMERCY LLC, SD SECOND AVENUE MEMBER LLC, SD Second Avenue Manager LLC, Silverback Acquisitions and Development LLC ENDORSEMENT The parties proposed briefing schedule is amenable to the Court. Plaintiffs' motion papers shall be filed on or before April 19, 2024. Defendant's opposition papers shall be filed on or before May 10, 2024,and Plaintiffs' reply, if any, shall be filed on or before May 24, 2024.SO ORDERED. (Motions due by 4/19/2024., Replies due by 5/24/2024., Responses due by 5/10/2024) (Signed by Judge John P. Cronan on 3/28/2024) (jca) |
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| Tuesday, March 26, 2024 | ||
| 22 | 22
misc
Letter
Tue 03/26 4:22 PM
LETTER addressed to Judge John P. Cronan from Danielle Johnson dated March 26, 2024 re: Joint Proposed Briefing Schedule for Plaintiffs' Summary Judgment Motion. Document filed by 359 Second Avenue Gramercy LLC, 67 Livingston LLC, JVEM Silverback Gramercy LLC, SD Second Avenue Manager LLC, SD Second Avenue Member LLC, Joshua Schuster, Schuster Enterprises LLC, Silverback Acquisitions LLC, Silverback Acquisitions and Development LLC..(Johnson, Danielle) |
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| Friday, March 22, 2024 | ||
| 21 | 21
order
Memo Endorsement
Fri 03/22 12:20 PM
MEMO ENDORSEMENT on re:19 Letter, filed by 359 Second Avenue Gramercy LLC, 359 SECOND AVENUE GRAMERCY LLC, 67 Livingston LLC, Silverback Acquisitions LLC, Schuster Enterprises LLC, JVEM Silverback Gramercy LLC, Joshua Schuster, SD Second Avenue Member LLC, SD SECOND AVENUE MANAGER LLC, JVEM SILVERBACK GRAMERCY LLC, SD SECOND AVENUE MEMBER LLC, SD Second Avenue Manager LLC, Silverback Acquisitions and Development LLC ENDORSEMENT This letter satisfies the Court's pre-motion letter requirement. By March 27, 2024, the parties shall submit a joint proposed briefing schedule for Plaintiffs' anticipated motion. SO ORDERED. (Signed by Judge John P. Cronan on 3/22/2024) (jca) |
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| Wednesday, March 20, 2024 | ||
| 20 | 20
discov
Rule 26 Disclosure
Wed 03/20 3:57 PM
RULE 26 DISCLOSURE.Document filed by 359 Second Avenue Gramercy LLC, 67 Livingston LLC, JVEM Silverback Gramercy LLC, SD Second Avenue Manager LLC, SD Second Avenue Member LLC, Joshua Schuster, Schuster Enterprises LLC, Silverback Acquisitions LLC, Silverback Acquisitions and Development LLC..(Johnson, Danielle) |
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| 19 | 19
misc
Letter
Wed 03/20 9:36 AM
LETTER addressed to Judge John P. Cronan from Danielle Johnson dated March 20, 2024 re: Joint Letter per Judge's Request. Document filed by 359 Second Avenue Gramercy LLC, 67 Livingston LLC, JVEM Silverback Gramercy LLC, SD Second Avenue Manager LLC, SD Second Avenue Member LLC, Joshua Schuster, Schuster Enterprises LLC, Silverback Acquisitions LLC, Silverback Acquisitions and Development LLC..(Johnson, Danielle) |
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| 18 | 18
notice
Notice of Appearance
Wed 03/20 9:16 AM
NOTICE OF APPEARANCE by Danielle Nicole Johnson on behalf of 359 Second Avenue Gramercy LLC, 67 Livingston LLC, JVEM Silverback Gramercy LLC, SD Second Avenue Manager LLC, SD Second Avenue Member LLC, Joshua Schuster, Schuster Enterprises LLC, Silverback Acquisitions LLC, Silverback Acquisitions and Development LLC..(Johnson, Danielle) |
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| Wednesday, March 06, 2024 | ||
| 17 | 17
order
Case Management Plan
Wed 03/06 4:41 PM
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: This Civil Case Management Plan (the "Plan") is submitted by the parties in accordance with Rule 26(f)(3) of the Federal Rules of Civil Procedure. All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. 28 U.S.C. § 636(c).Settlement discussions have taken place. Depositions shall be completed by 7/8/2024. This case is to be tried to a jury. Counsel for the parties have conferred and their best estimate of the length of trial is 5-7 trial days. Motions due by 4/5/2024. Deposition due by 8/21/2024. Fact Discovery due by 7/8/2024. Expert Discovery due by 8/21/2024. Discovery due by 8/21/2024. (And as further set forth herein.) SO ORDERED. (Signed by Judge John P. Cronan on 3/6/2024) (jca) |
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minutes
Telephone Conference
Mon 04/08 1:57 PM
Minute Entry for proceedings held before Judge John P. Cronan: Conference held on March 6, 2024. The Court held a status conference. As discussed, Plaintiffs counsel shall submit a status letter by March 20, 2024. The Court will separately enter a case management plan. (No Court Reporter Present). (mhe) |
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| Tuesday, March 05, 2024 | ||
| 16 | 16
order
Order
Tue 03/05 1:21 PM
ORDER The Initial Pretrial Conference scheduled for March 6, 2024 ar 2:30 p.m. will be held on Microsoft Teams. At the scheduled time, counsel for all parties should call 646-453-4442, Conference ID: 741903722#. (HEREBY ORDERED by Judge John P. Cronan) (Text Only Order) (mhe) |
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| Friday, March 01, 2024 | ||
| 15 | 15
order
Order on Motion to Appear Pro Hac Vice
Fri 03/01 3:54 PM
ORDER granting13 Motion for James Michael Young to Appear Pro Hac Vice (HEREBY ORDERED by Judge John P. Cronan)(Text Only Order) (mhe) |
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| Thursday, February 29, 2024 | ||
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misc
Notice Regarding Pro Hac Vice Motion
Thu 02/29 12:35 PM
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 13 MOTION for James Michael Young to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28962601. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba) |
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| Wednesday, February 28, 2024 | ||
| 14 | 14
misc
Letter
Wed 02/28 10:28 AM
JOINT LETTER addressed to Judge John P. Cronan from Joshua L. Mallin, Esq. dated February 28, 2024 re: Proposed Scheduling Order. Document filed by 359 Second Avenue Gramercy LLC, 67 Livingston LLC, JVEM Silverback Gramercy LLC, SD Second Avenue Manager LLC, SD Second Avenue Member LLC, Joshua Schuster, Schuster Enterprises LLC, Silverback Acquisitions LLC, Silverback Acquisitions and Development LLC..(Mallin, Joshua) |
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Att: 1
Proposed Order Scheduling Order
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| Monday, February 19, 2024 | ||
| 13 | 13
motion
Appear Pro Hac Vice
Mon 02/19 4:18 PM
MOTION for James Michael Young to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28962601. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Scottsdale Insurance Company..(Young, James) |
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Att: 1
Affidavit Affidavit for Admission PHV,
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Att: 2
Supplement Certificate of Good Standing,
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Att: 3
Proposed Order Proposed Order
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| Thursday, February 15, 2024 | ||
| 12 | 12
respoth
Reply (non-motion)
Thu 02/15 4:48 PM
REPLY re:3 Answer to Complaint,,, Counterclaim,, and Affirmative Defenses . Document filed by 359 Second Avenue Gramercy LLC, 67 Livingston LLC, JVEM Silverback Gramercy LLC, SD Second Avenue Manager LLC, SD Second Avenue Member LLC, Joshua Schuster, Schuster Enterprises LLC, Silverback Acquisitions LLC, Silverback Acquisitions and Development LLC..(D'Antonio, Dennis) |
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| 11 | 11
misc
Rule 7.1 Corporate Disclosure Statement
Thu 02/15 4:44 PM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent SD SECOND AVENUE MANAGER LLC, Other Affiliate 359 SECOND AVENUE GRAMERCY LLC for Schuster Enterprises LLC; Other Affiliate JVEM SILVERBACK GRAMERCY LLC for SD Second Avenue Manager LLC; Other Affiliate SD SECOND AVENUE MEMBER LLC for JVEM Silverback Gramercy LLC. Document filed by 359 Second Avenue Gramercy LLC, 67 Livingston LLC, JVEM Silverback Gramercy LLC, SD Second Avenue Manager LLC, SD Second Avenue Member LLC, Joshua Schuster, Schuster Enterprises LLC, Silverback Acquisitions LLC, Silverback Acquisitions and Development LLC..(D'Antonio, Dennis) |
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| Tuesday, January 30, 2024 | ||
| 10 | 10
notice
Notice of Appearance
Tue 01/30 1:17 PM
NOTICE OF APPEARANCE by Dennis T. D'Antonio on behalf of 359 Second Avenue Gramercy LLC, 67 Livingston LLC, JVEM Silverback Gramercy LLC, SD Second Avenue Manager LLC, SD Second Avenue Member LLC, Joshua Schuster, Schuster Enterprises LLC, Silverback Acquisitions LLC, Silverback Acquisitions and Development LLC..(D'Antonio, Dennis) |
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| 9 | 9
notice
Notice of Appearance
Tue 01/30 1:07 PM
NOTICE OF APPEARANCE by Joshua Lee Mallin on behalf of 359 Second Avenue Gramercy LLC, 67 Livingston LLC, JVEM Silverback Gramercy LLC, SD Second Avenue Manager LLC, SD Second Avenue Member LLC, Joshua Schuster, Schuster Enterprises LLC, Silverback Acquisitions LLC, Silverback Acquisitions and Development LLC..(Mallin, Joshua) |
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| Monday, January 29, 2024 | ||
| 8 | 8
3
pgs
order
Order for Initial Pretrial Conference
Mon 01/29 3:39 PM
ORDER: This case has been assigned to the undersigned for all purposes. All counsel must familiarize themselves with the Court's Individual Rules, which are available at https://www.nysd.uscourts.gov/hon-john-p-cronan. Counsel for all parties are hereby ORDERED to appear before the undersigned for an Initial Pretrial Conference ("IPTC") in accordance with Rule 16 of the Federal Rules of Civil Procedure on March 6, 2024 at 2:30 p.m. Unless the Court orders otherwise, the Court will conduct the IPTC by teleconference. At the scheduled time, counsel for all parties should call (866) 434-5269, access code 9176261. Absent leave of Court obtained by letter-motion filed before the conference, all pretrial conferences must be attended by the attorney who will serve as principal trial counsel. Counsel are directed to confer with each other prior to the conference regarding settlement and each of the other subjects to be considered at the IPTC. No later than seven days prior to the IPTC, it is further ORDERED that the parties shall submit a joint letter, not to exceed five (5) pages, addressing the following in separate paragraphs: as set forth herein. SO ORDERED.Telephonic Initial Conference set for 3/6/2024 at 02:30 PM before Judge John P. Cronan. (Signed by Judge John P. Cronan on 1/29/2024) (ama) |
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| 7 | 7
notice
Notice of Appearance
Mon 01/29 11:07 AM
NOTICE OF APPEARANCE by Joshua Lee Mallin on behalf of 359 Second Avenue Gramercy LLC, 67 Livingston LLC, JVEM Silverback Gramercy LLC, SD Second Avenue Manager LLC, SD Second Avenue Member LLC, Joshua Schuster, Schuster Enterprises LLC, Silverback Acquisitions LLC, Silverback Acquisitions and Development LLC..(Mallin, Joshua) |
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| Friday, January 26, 2024 | ||
| 6 | 6
misc
Jury Demand
Fri 01/26 2:42 PM
DEMAND for Trial by Jury. Document filed by 359 Second Avenue Gramercy LLC, 67 Livingston LLC, JVEM Silverback Gramercy LLC, SD Second Avenue Manager LLC, SD Second Avenue Member LLC, Joshua Schuster, Schuster Enterprises LLC, Silverback Acquisitions LLC, Silverback Acquisitions and Development LLC.(D'Antonio, Dennis) |
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| 5 | 5
notice
Notice of Appearance
Fri 01/26 2:39 PM
NOTICE OF APPEARANCE by Dennis T. D'Antonio on behalf of 359 Second Avenue Gramercy LLC, 67 Livingston LLC, JVEM Silverback Gramercy LLC, SD Second Avenue Manager LLC, SD Second Avenue Member LLC, Joshua Schuster, Schuster Enterprises LLC, Silverback Acquisitions LLC, Silverback Acquisitions and Development LLC..(D'Antonio, Dennis) |
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| Wednesday, January 17, 2024 | ||
| 4 | 4
misc
Rule 7.1 Corporate Disclosure Statement
Wed 01/17 3:51 PM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Nationwide Mutual Insurance Company for Scottsdale Insurance Company, Scottsdale Insurance Company. Document filed by Scottsdale Insurance Company..(Brennan, William) |
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| 3 | 3
answer
Answer to Complaint Counterclaim
Wed 01/17 2:51 PM
ANSWER to Complaint., COUNTERCLAIM against 359 Second Avenue Gramercy LLC, 67 Livingston LLC, JVEM Silverback Gramercy LLC, SD Second Avenue Manager LLC, SD Second Avenue Member LLC, Joshua Schuster, Schuster Enterprises LLC, Silverback Acquisitions LLC, Silverback Acquisitions and Development LLC. Document filed by Scottsdale Insurance Company..(Brennan, William) |
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Att: 1
Exhibit Policy,
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Att: 2
Exhibit Application,
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Att: 3
Exhibit 2021 Complaint,
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Att: 4
Exhibit 2023 Complaint,
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Att: 5
Exhibit August 26, 2021 letter,
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Att: 6
Exhibit March 21, 2023 letter,
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Att: 7
Exhibit June 7, 2023 letter
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| Thursday, January 11, 2024 | ||
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misc
Notice to Attorney Regarding Case Opening Statistical Error Correction
Thu 01/11 12:31 PM
***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney William Joseph Brennan. The following case opening statistical information was erroneously selected/entered: County code New York;. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State;. (jgo) |
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misc
Notice to Attorney Regarding Party Modification
Thu 01/11 12:33 PM
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney William Joseph Brennan. The party information for the following party/parties has been modified: SD SECOND AVENUE MEMBER LLC; JOSHUA SCHUSTER; 359 SECOND AVENUE GRAMERCY LLC; JVEM SILVERBACK GRAMERCY LLC; SD SECOND AVENUE MANAGER LLC; SCHUSTER ENTERPRISES LLC; SILVERBACK ACQUISITIONS AND DEVELOPMENT LLC; 67 LIVINGSTON LLC; SILVERBACK ACQUISTIONS LLC. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party name was entered in all caps;. (jgo) |
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notice
Case Opening Initial Assignment Notice
Thu 01/11 12:34 PM
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge John P. Cronan. Please download and review the Individual Practices of the assigned District Judge, located at[LINK:https://nysd.uscourts.gov/judges/district-judges] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at[LINK:https://nysd.uscourts.gov/rules/ecf-related-instructions] ..(jgo) |
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utility
Case Designation
Thu 01/11 12:36 PM
Magistrate Judge Barbara C. Moses is designated to handle matters that may be referred in this case. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link:[LINK:https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf] . (jgo) |
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utility
Case Designated ECF
Thu 01/11 12:36 PM
Case Designated ECF. (jgo) |
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| Wednesday, January 10, 2024 | ||
| 2 | 2
misc
Civil Cover Sheet
Wed 01/10 6:20 PM
CIVIL COVER SHEET filed..(Brennan, William) |
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| 1 | 1
notice
Notice of Removal
Wed 01/10 6:18 PM
NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 655598/2023. (Filing Fee $ 405.00, Receipt Number ANYSDC-28795655).Document filed by Scottsdale Insurance Company..(Brennan, William) |
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Att: 1
Exhibit A - State Court Complaint,
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Att: 2
Exhibit B - Acknowledgement of Service,
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Att: 3
Exhibit C - State Court Docket,
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Att: 4
Exhibit D - Soskin Declaration,
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Att: 5
Exhibit E - Policy,
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Att: 6
Exhibit F - 2021 Complaint,
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Att: 7
Exhibit G - 2023 Complaint
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