Benevolent and Protective Order of Elks of the United States of America v. Swiss Re Corporate Solutions Elite Insurance Corporation

New York Southern District Court
Judge:Dale E Ho
Referred: Valerie Figueredo
Case #: 1:25-cv-00516
Nature of Suit110 Contract - Insurance
Cause12:635 Breach of Insurance Contract
Case Filed:Jan 17, 2025
Terminated:Apr 08, 2025
Last checked: Monday Mar 03, 2025 3:55 AM EST
Defendant
Swiss Re Corporate Solutions Elite Insurance Corporation
Plaintiff
Benevolent and Protective Order of Elks of the United States of America
Represented By
John Tolley, II
Jt Law Firm PA
contact info


Docket last updated: 6 hours ago
Tuesday, April 08, 2025
21 21 3 pgs order Order of Dismissal ~Util - Terminate Motions Tue 04/08 10:53 AM
MEMORANDUM ORDER, Motions terminated:13 MOTION to Dismiss . filed by Swiss Re Corporate Solutions Elite Insurance Corporation,20 MOTION to Remand to State Court . filed by Benevolent and Protective Order of Elks of the United States of America. Therefore, Defendant's Motion to Dismiss is GRANTED IN PART and Plaintiff's Motion to Dismiss is GRANTED IN PART. This case is DISMISSED WITH PREJUDICE to refiling in any of New York's federal courts. However, this case is DISMISSED WITHOUTH PREJUDICE insofar as Plaintiff may refile this case in New York State court within fourteen days of this Order. The Clerk of Court is respectfully directed to terminate ECF Nos. 13 & 20. The Clerk of Court is also respectfully directed to close this Case. SO ORDERED. (Signed by Judge Dale E. Ho on 4/7/2025) (ks)
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Friday, April 04, 2025
20 20 motion Remand to State Court Fri 04/04 12:45 PM
MOTION to Remand to State Court . Document filed by Benevolent and Protective Order of Elks of the United States of America..(Tolley, John)
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Wednesday, April 02, 2025
19 19 1 pgs order Order ~Util - Set Deadlines/Hearings Wed 04/02 11:43 AM
ORDER: Plaintiff's deadline to file an opposition to Defendant's motion to dismiss was March 31, 2025. See ECF No. 13. No opposition was filed. If an opposition is not filed by Friday, April 4, 2025, the motion will be decided based solely on Defendant's papers.SO ORDERED. ( Responses due by 4/4/2025) (Signed by Magistrate Judge Valerie Figueredo on 4/2/2025) (rro)
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Wednesday, March 26, 2025
18 18 misc Rule 7.1 Corporate Disclosure Statement Wed 03/26 4:30 PM
AMENDED RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Swiss Reinsurance Company Ltd., Corporate Parent SR Corporate Solutions America Holding Corporation, Corporate Parent Swiss Re Ltd, Corporate Parent Swiss Re Corporate Solutions Holding Company Ltd., Corporate Parent Swiss Re Corporate Solutions America Insurance Corporation for Swiss Re Corporate Solutions Elite Insurance Corporation. Document filed by Swiss Re Corporate Solutions Elite Insurance Corporation..(Smith, Cyril)
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Tuesday, March 18, 2025
17 17 misc Rule 7.1 Corporate Disclosure Statement Tue 03/18 3:31 PM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent SR Corporate Solutions America Holding Corporation, Corporate Parent Swiss Re Corporate Solutions Ltd, Corporate Parent Swiss Re Ltd, Corporate Parent Westport Insurance Corporation for Swiss Re Corporate Solutions Elite Insurance Corporation. Document filed by Swiss Re Corporate Solutions Elite Insurance Corporation..(Smith, Cyril)
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misc Notice to Attorney Regarding Deficient Rule 7.1 Corporate Disclosure Statement Tue 03/18 11:54 AM
***NOTICE TO ATTORNEY REGARDING DEFICIENT RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Notice to Attorney Aidan Middlemiss McCormack to RE-FILE Document No. 16 Rule 7.1 Corporate Disclosure Statement,,. The filing is deficient for the following reason(s): the jurisdiction of this action is based on diversity - the party/intervenor did not name and identify the citizenship of every individual or entity whose citizenship is attributed to that party or intervenor. The Attorney who signed the PDF is not the Attorney who electronically filed the Rule 7.1 Corporate Disclosure Statement;. Re-file the document using the event type Rule 7.1 Corporate Disclosure Statement found under the event list Other Documents - select the correct filer/filers - attach the correct signed PDF - when prompted with the message "Are there any corporate parents or other affiliates?", select the Yes or No radio button - If Yes - enter the corporate parent/other affiliate, click the Search button - select the correct corporate parent/other affiliate name from the search results list or if no person found, create a new corporate parent/other affiliate - select the party to whom the corporate parent/other affiliate should be linked - add corporate parent/other affiliate names one at a time - name and identify the citizenship of every individual or entity whose citizenship is attributed to that party or intervenor. Please use the revised form found here NYSD form page (lb)
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Monday, March 17, 2025
16 16 misc Rule 7.1 Corporate Disclosure Statement Mon 03/17 5:43 PM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Swiss Re Ltd., Corporate Parent SR Corporate Solutions America Holding Corporation, Corporate Parent Swiss Re Corporate Solutions Ltd, Corporate Parent Westport Insurance Corporation for Swiss Re Corporate Solutions Elite Insurance Corporation. Document filed by Swiss Re Corporate Solutions Elite Insurance Corporation..(McCormack, Aidan)
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15 15 respm Declaration in Support of Motion Mon 03/17 5:36 PM
DECLARATION of Cyril E. Smith in Support re:13 MOTION to Dismiss .. Document filed by Swiss Re Corporate Solutions Elite Insurance Corporation..(McCormack, Aidan)
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Att: 1 Exhibit 1,
Att: 2 Exhibit 2,
Att: 3 Exhibit 3
14 14 14 pgs respm Memorandum of Law in Support of Motion Mon 03/17 5:31 PM
MEMORANDUM OF LAW in Support re:13 MOTION to Dismiss . . Document filed by Swiss Re Corporate Solutions Elite Insurance Corporation..(McCormack, Aidan)
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13 13 motion Dismiss Mon 03/17 5:29 PM
MOTION to Dismiss . Document filed by Swiss Re Corporate Solutions Elite Insurance Corporation..(McCormack, Aidan)
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Monday, March 10, 2025
12 12 service Summons Returned Executed Mon 03/10 2:54 PM
SUMMONS RETURNED EXECUTED. Swiss Re Corporate Solutions Elite Insurance Corporation served on 2/24/2025, answer due 3/17/2025. Service was accepted by Natalie Hill, Paralegal. Document filed by Benevolent and Protective Order of Elks of the United States of America..(Tolley, John)
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Att: 1 Exhibit Affidavit of Service
Tuesday, January 28, 2025
11 11 1 pgs order Order Referring Case to Magistrate Judge Tue 01/28 5:27 PM
ORDER OF REFERENCE TO A MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Valerie Figueredo. SO ORDERED (Signed by Judge Dale E. Ho on 1/23/2025) (ks)
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10 10 3 pgs order Order Tue 01/28 5:25 PM
ORDER: To conserve resources, to promote judicial efficiency, and in an effort to achieve a faster disposition of this matter, it is hereby ORDERED that the parties must discuss whether they are willing to consent under 28 U.S.C. § 636(c) to conduct all further proceedings before the assigned Magistrate Judge. SO ORDERED (Signed by Judge Dale E. Ho on 1/23/2025) (ks)
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Friday, January 24, 2025
9 9 misc Civil Cover Sheet Fri 01/24 9:47 AM
CIVIL COVER SHEET filed..(Tolley, John)
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Tuesday, January 21, 2025
8 8 service Summons Issued Tue 01/21 12:36 PM
ELECTRONIC SUMMONS ISSUED as to Swiss Re Corporate Solutions Elite Insurance Corporation..(gp)
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7 7 misc Civil Cover Sheet Tue 01/21 12:22 PM
CIVIL COVER SHEET filed..(Tolley, John)
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misc Notice to Attorney to Submit/File Civil Cover Sheet Tue 01/21 12:19 PM
***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney John Tolley, II. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (gp)
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misc Notice to Attorney Regarding Party Modification Tue 01/21 12:25 PM
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney John Tolley, II. The party information for the following party/parties has been modified: John A Tolley (plaintiff). The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error. Correct name - Benevolent and Protective Order of Elks of the United States of America.. (gp)
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misc Notice to Attorney Regarding Case Opening Statistical Error Correction Tue 01/21 12:32 PM
***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney John Tolley, II. The following case opening statistical information was erroneously selected/entered: Dollar Demand $707,200,000. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to $707,000.00. (gp)
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notice Case Opening Initial Assignment Notice Tue 01/21 12:34 PM
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Dale E. Ho. 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] ..(gp)
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utility Case Designation Tue 01/21 12:34 PM
Magistrate Judge Valerie Figueredo 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] . (gp)
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utility Case Designated ECF Tue 01/21 12:35 PM
Case Designated ECF. (gp)
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Friday, January 17, 2025
6 6 notice Notice of Appearance Fri 01/17 3:46 PM
NOTICE OF APPEARANCE by John Tolley, II on behalf of John A Tolley..(Tolley, John)
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5 5 notice Notice of Appearance Fri 01/17 3:42 PM
NOTICE OF APPEARANCE by John Tolley, II on behalf of John A Tolley..(Tolley, John)
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4 4 service Request for Issuance of Summons Fri 01/17 3:41 PM
REQUEST FOR ISSUANCE OF SUMMONS as to SWISS RE CORPORATE SOLUTIONS ELITE INSURANCE CORPORATION, re:1 Complaint,. Document filed by John A Tolley..(Tolley, John)
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3 3 discov Rule 26 Disclosure Fri 01/17 3:40 PM
RULE 26 DISCLOSURE.Document filed by John A Tolley..(Tolley, John)
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2 2 misc Rule 7.1 Corporate Disclosure Statement Fri 01/17 3:36 PM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Benevolent and Protective Order of Elks of the United States of America, Corporate Parent SWISS REINSURANCE GROUP, Corporate Parent Swiss Re Group, Other Affiliate Swiss Reinsurance America Corporation for John A Tolley. Document filed by John A Tolley..(Tolley, John)
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1 1 cmp Complaint Fri 01/17 3:32 PM
COMPLAINT against SWISS RE CORPORATE SOLUTIONS ELITE INSURANCE CORPORATION. (Filing Fee $ 405.00, Receipt Number ANYSDC-30481321)Document filed by John A Tolley..(Tolley, John)
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Att: 1 Exhibit Exhibit A,
Att: 2 Civil Cover Sheet Civil Cover Sheet