National Specialty Insurance Company v. James Gang Charters, LLC et al
| New York Southern District Court | |
| Judge: | Vernon S Broderick |
| Case #: | 1:24-cv-03625 |
| Nature of Suit | 110 Contract - Insurance |
| Cause | 28:2201dj Declaratory Judgment |
| Case Filed: | May 10, 2024 |
| Last checked: Wednesday Nov 06, 2024 4:24 AM EST |
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Counter Claimant
James Gang Charters, LLC
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Represented By
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Counter Claimant
Jesse Mayer
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Represented By
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Counter Defendant
National Specialty Insurance Company
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Represented By
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Defendant
James Gang Charters, LLC
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Represented By
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Defendant
Jesse Mayer
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Represented By
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Plaintiff
National Specialty Insurance Company
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Represented By
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| Docket last updated: 1 hours ago |
| Friday, May 16, 2025 | ||
| 30 | 30
misc
Letter
Fri 05/16 3:21 PM
LETTER addressed to Judge Vernon S. Broderick from Matthew D. Dunn dated May 16, 2025 re: Continuation of Stay. Document filed by James Gang Charters, LLC, Jesse Mayer..(Dunn, Matthew) |
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| 29 | 29
order
Memo Endorsement ~Util - Case Stay Lifted
Fri 05/16 11:16 AM
MEMO ENDORSEMENT on re:28 Letter filed by National Specialty Insurance Company. ENDORSEMENT: The stay of this case is hereby LIFTED. The parties are directed to meet and confer regarding a summary judgment briefing schedule. The parties are directed to submit a joint letter proposing a briefing schedule to the court by June 11, 2025. (Signed by Judge Vernon S. Broderick on 5/16/2025) (rro) |
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| Thursday, May 15, 2025 | ||
| 28 | 28
misc
Letter
Thu 05/15 2:59 PM
LETTER addressed to Judge Vernon S. Broderick from James E. Mercante dated May 15, 2025 re: Declaratory Judgment action. Document filed by National Specialty Insurance Company..(Mercante, James) |
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| 27 | 27
motion
Appear Pro Hac Vice
Thu 05/15 2:27 PM
FILING ERROR - PDF ERROR - MOTION for Anthony J. Cuva to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-31087966. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by James Gang Charters, LLC, Jesse Mayer..(Cuva, Anthony) Modified on 5/15/2025 (bc) |
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Att: 1
Exhibit A - Affidavit and Certificate,
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Att: 2
Proposed Order Proposed Order
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misc
Notice Regarding Deficient Motion to Appear Pro Hac Vice
Thu 05/15 3:20 PM
>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 27 MOTION for Anthony J. Cuva to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-31087966. Motion and supporting papers to be reviewed by Clerk's Office staff. The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Florida, not state bar. Judges Initials are incorrect on documents;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (bc) |
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| Monday, April 07, 2025 | ||
| 26 | 26
1
pgs
order
Order 1 - Terminate Hearings
Mon 04/07 3:14 PM
ORDER On October 9, 2024, I entered an order staying the above-captioned case pending the outcome of the appeal of Jesse Mayer's criminal conviction in Florida, which involves the same underlying incident as this case. (Doc. 24.) In accordance with that stay, the telephonic conference scheduled for April 15, 2025 at 2:00 pm is hereby ADJOURNED sine die. SO ORDERED. (Signed by Judge Vernon S. Broderick on 4/7/2025) (jca) |
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| Monday, March 10, 2025 | ||
| 25 | 25
misc
Letter
Mon 03/10 1:07 PM
LETTER addressed to Judge Vernon S. Broderick from :James E. Mercante, and Gary D. Sesser dated March 7, 2025 re: status of the pending case. Document filed by National Specialty Insurance Company..(Mercante, James) |
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| Wednesday, October 09, 2024 | ||
| 24 | 24
2
pgs
order
Order on Motion to Stay
Wed 10/09 11:17 AM
ORDER granting21 Letter Motion to Stay. It is hereby: ORDERED that this action is stayed, and it is further ORDERED that the parties shall file a joint letter noting the status of Defendant Mayer's criminal appeal on March 10, 2025, and every 90 days thereafter. (Signed by Judge Vernon S. Broderick on 10/9/2024) (sgz) |
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| Monday, October 07, 2024 | ||
| 23 | 23
misc
Letter
Mon 10/07 3:03 PM
FIRST LETTER addressed to Judge Vernon S. Broderick from James E. Mercante dated 10/05/2024 re: Response to Letter Motion to Stay. Document filed by National Specialty Insurance Company..(Mercante, James) |
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| Thursday, September 26, 2024 | ||
| 22 | 22
3
pgs
order
Order on Motion to Stay
Thu 09/26 10:27 AM
ORDER with respect to21 Letter Motion to Stay. By October 10, 2024, Plaintiff is directed to respond to Defendants' request for a stay. SO ORDERED. (Signed by Judge Vernon S. Broderick on 9/26/2024) (sgz) |
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utility
Set Motion and R&R Deadlines/Hearings
Thu 09/26 10:28 AM
Set/Reset Deadlines as to21 LETTER MOTION to Stay addressed to Judge Vernon S. Broderick from Gary D. Sesser dated September 24, 2024.. Responses due by 10/10/2024 (sgz) |
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| Tuesday, September 24, 2024 | ||
| 21 | 21
motion
Stay
Tue 09/24 2:35 PM
LETTER MOTION to Stay addressed to Judge Vernon S. Broderick from Gary D. Sesser dated September 24, 2024. Document filed by James Gang Charters, LLC, Jesse Mayer..(Sesser, Gary) |
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| Friday, September 20, 2024 | ||
| 20 | 20
order
Case Management Plan
Fri 09/20 10:58 AM
CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial, pursuant to 28 U.S.C. §636(c). The issue of whether the Defendants/Counter-claimants are entitled to a jury on the counterclaims is a legal issue to be decided by the Court. The Court will conduct a telephonic post-discovery conference on April 15, 2025 at 2:00 p.m. The dial-in number is 888-363-4749 and the conference code is 2682448. The parties have conferred and their present best estimate of the length of trial is Three (3) days. Depositions shall be completed by January 20, 2025. Expert Deposition due by 3/20/2025. Fact Discovery due by 1/20/2025. Expert Discovery due by 3/20/2025. Discovery due by 3/20/2025. Telephone Conference set for 4/15/2025 at 02:00 PM before Judge Vernon S. Broderick. (Signed by Judge Vernon S. Broderick on 9/19/2024) (sgz) |
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| Tuesday, September 17, 2024 | ||
| 19 | 19
misc
Proposed Case Management Plan
Tue 09/17 3:47 PM
PROPOSED CASE MANAGEMENT PLAN. Document filed by National Specialty Insurance Company..(Gonzalez, Richard) |
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| 18 | 18
misc
Letter
Tue 09/17 3:40 PM
JOINT LETTER addressed to Judge Vernon S. Broderick from Richard Gonzalez and Gary D. Sesser dated September 17, 2024 re: per Order [Dkt. 17]. Document filed by National Specialty Insurance Company..(Gonzalez, Richard) |
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| Wednesday, September 11, 2024 | ||
| 17 | 17
2
pgs
order
Order for Initial Pretrial Conference
Thu 09/12 9:39 AM
ORDER AND NOTICE OF INITIAL CONFERENCE: It is hereby: ORDERED that the Court will not be holding an initial pretrial conference. IT IS FURTHER ORDERED that, by September 18, 2024, the parties submit a joint letter, not to exceed three (3) pages, providing the following information in separate paragraphs: as further set forth in this Order. (Signed by Judge Vernon S. Broderick on 9/11/2024) (sgz) |
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| Tuesday, September 10, 2024 | ||
| 16 | 16
respoth
Reply (non-motion)
Tue 09/10 3:05 PM
REPLY re:14 Answer to Complaint,, Counterclaim, (Plaintiff's Response to Counterclaims) . Document filed by National Specialty Insurance Company..(Mercante, James) |
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| Wednesday, September 04, 2024 | ||
| 15 | 15
1
pgs
order
Order ~Util - Set Deadlines
Wed 09/04 4:03 PM
ORDER: Accordingly, it is hereby ordered that Plaintiff shall respond to the counterclaim by September 10, 2024. SO ORDERED. National Specialty Insurance Company answer due 9/10/2024. (Signed by Judge Vernon S. Broderick on 9/4/2024) (sgz) |
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| Monday, August 12, 2024 | ||
| 14 | 14
answer
Answer to Complaint Counterclaim
Mon 08/12 12:08 PM
ANSWER to1 Complaint,, with JURY DEMAND., COUNTERCLAIM against National Specialty Insurance Company. Document filed by Jesse Mayer, James Gang Charters, LLC..(Sesser, Gary) |
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Att: 1
Exhibit A - Claim of Brittney Kelling,
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Att: 2
Exhibit B - Claims of Kathleen Krysztofowicz individually and as personal representative of the estate of Robert Krysztofowicz Jr.,
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Att: 3
Exhibit C - Answer Affirmative Defenses and Claims of Mark Nowak
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| 13 | 13
misc
Rule 7.1 Corporate Disclosure Statement
Mon 08/12 12:02 PM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by James Gang Charters, LLC, Jesse Mayer..(Sesser, Gary) |
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| Friday, August 09, 2024 | ||
| 12 | 12
notice
Notice of Appearance
Fri 08/09 11:24 AM
NOTICE OF APPEARANCE by Matthew David Dunn on behalf of James Gang Charters, LLC, Jesse Mayer..(Dunn, Matthew) |
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| 11 | 11
notice
Notice of Appearance
Fri 08/09 11:06 AM
NOTICE OF APPEARANCE by Gary Douglas Sesser on behalf of James Gang Charters, LLC, Jesse Mayer..(Sesser, Gary) |
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| Tuesday, July 30, 2024 | ||
| 10 | 10
service
Affidavit of Service Complaints
Tue 07/30 4:41 PM
AFFIDAVIT OF SERVICE of Summons and Complaint,,. James Gang Charters, LLC served on 7/22/2024, answer due 8/12/2024; Jesse Mayer served on 7/22/2024, answer due 8/12/2024. Service was accepted by Sarah Mayer. Document filed by National Specialty Insurance Company..(Gonzalez, Richard) |
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| 9 | 9
service
Affidavit of Service Other
Tue 07/30 4:27 PM
AFFIDAVIT OF SERVICE of Summons & Complaint for Declaratory Judgment served on Mr. James Mayer, James Gang Charters on July 26, 2024. Service was accepted by Mr. Jesse Mayer, James Gang Charters, LLC, at Bay Correctional Facility, 5400 Bayline Drive, Panama City, Fl 32404-5492. Document filed by National Specialty Insurance Company..(Gonzalez, Richard) |
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| Monday, May 13, 2024 | ||
| 8 | 8
service
Summons Issued
Mon 05/13 3:51 PM
ELECTRONIC SUMMONS ISSUED as to Jesse Mayer..(pc) |
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| 7 | 7
service
Summons Issued
Mon 05/13 3:50 PM
ELECTRONIC SUMMONS ISSUED as to Jesse Mayer..(pc) |
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| 6 | 6
misc
Civil Cover Sheet
Mon 05/13 2:19 PM
CIVIL COVER SHEET filed..(Mercante, James) |
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notice
Case Opening Initial Assignment Notice
Mon 05/13 11:33 AM
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Vernon S. Broderick. 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] ..(pc) |
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utility
Case Designation
Mon 05/13 11:34 AM
Magistrate Judge Ona T. Wang 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] . (pc) |
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utility
Case Designated ECF
Mon 05/13 11:34 AM
Case Designated ECF. (pc) |
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misc
Notice to Attorney Regarding Case Opening Statistical Error Correction
Mon 05/13 11:34 AM
***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Richard Gonzalez. The following case opening statistical information was erroneously selected/entered: Citizenship Defendant code 2 (Citizen of Another State); County code Albany;. The following correction(s) have been made to your case entry: the Citizenship Defendant code has been modified to 5 (Incorporated/Principal Place of Business-Other State); the County code has been modified to XX Out of State;. (pc) |
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misc
Notice to Attorney Regarding Deficient Civil Cover Sheet
Mon 05/13 11:34 AM
***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Richard Gonzalez to RE-FILE Document No. 2 Civil Cover Sheet. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the civil cover sheet is not correct; civil cover sheet was not signed, office was not selected. Incorrect citizenship for first listed defendant was selected;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. (pc) |
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| Friday, May 10, 2024 | ||
| 5 | 5
notice
Notice of Appearance
Fri 05/10 3:46 PM
NOTICE OF APPEARANCE by Richard Gonzalez on behalf of National Specialty Insurance Company..(Gonzalez, Richard) |
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| 4 | 4
service
Request for Issuance of Summons
Fri 05/10 3:34 PM
REQUEST FOR ISSUANCE OF SUMMONS as to Mr. Jesse Mayer, re:1 Complaint,,. Document filed by National Specialty Insurance Company..(Mercante, James) |
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| 3 | 3
service
Request for Issuance of Summons
Fri 05/10 3:32 PM
REQUEST FOR ISSUANCE OF SUMMONS as to Mr. Jesse Mayer, re:1 Complaint,,. Document filed by National Specialty Insurance Company..(Mercante, James) |
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| 2 | 2
misc
Civil Cover Sheet
Fri 05/10 3:27 PM
CIVIL COVER SHEET filed..(Mercante, James) |
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| 1 | 1
cmp
Complaint
Fri 05/10 3:20 PM
COMPLAINT against James Gang Charters, LLC, Jesse Mayer. (Filing Fee $ 405.00, Receipt Number ANYSDC-29340032)Document filed by National Specialty Insurance Company..(Mercante, James) |
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Att: 1
Exhibit A - AMES GANG CHARTERS LLC - Corporations Search.,
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Att: 2
Exhibit B - Policy Declaration Endorsement,
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Att: 3
Exhibit C.- FL Fish Wildlife Cons Comm - Boating_Accident Repor,
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Att: 4
Exhibit D - COMPLAINT - ARREST AFFIDAVI,
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Att: 5
Exhibit E - Initial ROR Letter,
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Att: 6
Exhibit F - Amended ROR Letter,
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Att: 7
Exhibit G - Case No. 19-10939 CF,
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Att: 8
Exhibit H - Renewed ROR Letter
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