The Travelers Indemnity Company v. Everest National Insurance Company

New York Southern District Court
Judge:Andrew L Carter, Jr
Case #: 1:25-cv-01158
Nature of Suit110 Contract - Insurance
Cause28:1332ij Diversity-Injunctive & Declaratory Relief
Case Filed:Feb 10, 2025
Last checked: Friday Mar 28, 2025 6:11 AM EDT
Defendant
Everest National Insurance Company
Represented By
Matthew Lee
Kaufman Dolowich & Voluck, LLP
contact info
Plaintiff
The Travelers Indemnity Company
Represented By
David Ross Shyer
Usery & Associates
contact info


Docket last updated: 04/30/2025 11:59 PM EDT
Thursday, April 10, 2025
15 15 1 pgs order Order on Motion for Extension of Time to Answer Thu 04/10 3:54 PM
ORDER granting14 Letter Motion for Extension of Time to Answer re5 Complaint. SO ORDERED. (Everest National Insurance Company answer due 5/14/2025.) (Signed by Judge Andrew L. Carter, Jr on 4/10/25) (yv)
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14 14 motion Extension of Time to File Answer Thu 04/10 3:08 PM
SECOND LETTER MOTION for Extension of Time to File Answer or Otherwise Respond to Complaint addressed to Judge Andrew L. Carter, Jr. from Matthew H. Lee dated April 10, 2025. Document filed by Everest National Insurance Company..(Lee, Matthew)
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Wednesday, March 19, 2025
13 13 1 pgs order Order on Motion for Extension of Time to Answer Wed 03/19 4:44 PM
ORDER granting12 Letter Motion for Extension of Time to Answer re5 Complaint. SO ORDERED. (Everest National Insurance Company answer due 4/21/2025.) (Signed by Judge Andrew L. Carter, Jr on 3/19/25) (yv)
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12 12 motion Extension of Time to File Answer Wed 03/19 3:45 PM
FIRST LETTER MOTION for Extension of Time to File Answer or Otherwise Respond to Complaint addressed to Judge Andrew L. Carter, Jr. from Matthew H. Lee dated March 19, 2025. Document filed by Everest National Insurance Company..(Lee, Matthew)
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Att: 1 Exhibit Stip. to Extend Time
11 11 notice Notice of Appearance Wed 03/19 3:36 PM
NOTICE OF APPEARANCE by Matthew Lee on behalf of Everest National Insurance Company..(Lee, Matthew)
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Tuesday, March 11, 2025
10 10 respoth Response to Order to Show Cause Tue 03/11 2:45 PM
RESPONSE TO ORDER TO SHOW CAUSE re:9 Order to Show Cause,. Document filed by The Travelers Indemnity Company..(Shyer, David)
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Att: 1 Exhibit 2-19-24 tender,
Att: 2 Exhibit 5-13-24 tender
Thursday, March 06, 2025
9 9 1 pgs order Order to Show Cause Thu 03/06 8:38 AM
ORDER TO SHOW CAUSE: Accordingly, it is hereby ORDERED that the Plaintiff SHOW CAUSE as to why this case shouldn't be dismissed or transferred to the U.S. District Court for the Eastern District of New York based on improper venue. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 3/6/2025) (tg)
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order Order Thu 03/06 1:09 PM
ORDER: The Court directs the parties to respond to the OSHOW issued on March 6, 2025 on or before Thursday, March 13, 2025. (HEREBY ORDERED by Judge Andrew L. Carter, Jr) (Text Only Order)(JB)
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Tuesday, March 04, 2025
8 8 service Summons Returned Executed Tue 03/04 3:54 PM
SUMMONS RETURNED EXECUTED Summons and Complaint served. Everest National Insurance Company served on 2/28/2025, answer due 3/21/2025. Service was made by MAIL. Document filed by The Travelers Indemnity Company..(Shyer, David)
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Wednesday, February 12, 2025
7 7 service Summons Issued Wed 02/12 11:58 AM
ELECTRONIC SUMMONS ISSUED as to Everest National Insurance Company..(jgo)
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notice Case Opening Initial Assignment Notice Wed 02/12 11:54 AM
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Andrew L. Carter, Jr. 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 Wed 02/12 11:56 AM
Magistrate Judge Henry J. Ricardo 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 Wed 02/12 11:56 AM
Case Designated ECF. (jgo)
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Tuesday, February 11, 2025
6 6 service Request for Issuance of Summons Tue 02/11 10:31 AM
REQUEST FOR ISSUANCE OF SUMMONS as to Everest National Insurance Company, re:5 Complaint. Document filed by The Travelers Indemnity Company..(Shyer, David)
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5 5 cmp Complaint Tue 02/11 10:29 AM
COMPLAINT against Everest National Insurance Company. Document filed by The Travelers Indemnity Company..(Shyer, David)
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misc Notice to Attorney Regarding Deficient Pleading Tue 02/11 10:12 AM
***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney David Ross Shyer to RE-FILE Document No. 1 Complaint. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct; the wrong Court title reflected on the PDF; party names entered on ECF do not match party names listed on the pleading caption; the filing must include only the pleading; the pleading was not signed by the ECF filing attorney of record. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. If the deficiency/deficiencies are not corrected within five (5) days per Amended Standing Order 15-mc-00131 this case will be administratively closed. Initial Pleading due by 2/18/2025. (jgo)
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misc Notice to Attorney Regarding Deficient Request for Issuance of Summons Tue 02/11 10:15 AM
***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney David Ross Shyer to RE-FILE Document No. 3 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; party names must correspond to pleading caption; summons request was not processed due to deficient pleading; refile after pleading deficiency has been cured;. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (jgo)
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Monday, February 10, 2025
4 4 misc Rule 7.1 Corporate Disclosure Statement Mon 02/10 11:27 AM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Travelers Property Casualty Corp., Corporate Parent The Travelers Companies, Inc., Corporate Parent Travelers Insurance Group Holdings, Inc. for The Travelers Indemnity Company. Document filed by The Travelers Indemnity Company..(Shyer, David)
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3 3 service Request for Issuance of Summons Mon 02/10 11:24 AM
REQUEST FOR ISSUANCE OF SUMMONS as to Everest National Insurance Company, re:1 Complaint. Document filed by The Travelers Indemnity Company..(Shyer, David)
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2 2 misc Civil Cover Sheet Mon 02/10 11:22 AM
CIVIL COVER SHEET filed..(Shyer, David)
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1 1 12 pgs cmp Complaint Mon 02/10 11:22 AM
COMPLAINT against Everest National Insurance Company. (Filing Fee $ 405.00, Receipt Number ANYSDC-30591670)Document filed by The Travelers Indemnity Company..(Shyer, David)
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