Dalton et al v. Liberty Mutual Insurance Corporation
| New York Eastern District Court | |
| Judge: | Gary R Brown |
| Case #: | 2:26-cv-01435 |
| Nature of Suit | 110 Contract - Insurance |
| Cause | 28:1332 Diversity-Breach of Contract |
| Case Filed: | Mar 12, 2026 |
| Case in other court: | Suffolk County Supreme Court, 603190/2026 |
| Last checked: Sunday Apr 26, 2026 4:13 AM EDT |
|
Defendant
Liberty Insurance Corporation.
|
Represented By
|
|
Plaintiff
Paul E Dalton
|
Represented By
|
|
Plaintiff
Tammy A Dalton
|
Represented By
|
| TERMINATED PARTIES | |
|
Defendant
Liberty Mutual Insurance Company
Terminated: 04/07/2026
|
Represented By
|
| Docket last updated: 06/12/2026 11:59 PM EDT |
| Wednesday, May 27, 2026 | ||
|
order
Order on Motion for Pre Motion Conference
Wed 05/27 3:13 PM
ORDER finding as moot5 Motion for Pre Motion Conference. See Order dated 4/29/2026. Ordered by Judge Gary R. Brown on 5/27/2026. (LJ) |
||
| Monday, May 11, 2026 | ||
| 14 | 14
motion
Stay
Mon 05/11 11:26 AM
Consent MOTION to Stay Discovery Pending Decision on Motion to Dismiss by Liberty Insurance Corporation.. (Potashner, Marshall) |
|
|
order
Order(Other)
Mon 05/11 10:56 AM
ORDER: The parties have not filed a proposed discovery schedule. See Individual Practice Rule IV.A.1. By 5/12/2026 at 9:30AM , the parties shall (1) file their untimely proposed discovery schedule, or (2) a letter jointly consenting to a discovery stay pending a decision by District Judge Gary R. Brown on Defendant's anticipated motion to dismiss. See DE5 . Ordered by Magistrate Judge Lee G. Dunst on 5/11/2026. (JSH) |
||
|
order
Order on Motion to Stay 1 - Terminate Hearings
Mon 05/11 11:37 AM
ORDER granting14 Motion to Stay. Given the parties' joint consent to a discovery stay pending a decision by District Judge Gary R. Brown on Defendant's anticipated motion to dismiss, the Initial Conference scheduled for 5/12/2026 is CANCELLED . Ordered by Magistrate Judge Lee G. Dunst on 5/11/2026. (JSH) |
||
| Thursday, April 30, 2026 | ||
|
order
1 - Terminate Hearings ~Util - Set Hearings
Thu 04/30 4:26 PM
SCHEDULING ORDER: Due to a conflict in the Court's calendar, the Initial Conference scheduled for 5/12/2026 shall proceed at 11:00AM that day in Courtroom 830 of the Alfonse M. D'Amato Federal Courthouse, Central Islip. Ordered by Magistrate Judge Lee G. Dunst on 4/30/2026. (JSH) |
||
| Wednesday, April 29, 2026 | ||
|
order
Order on Motion for Pre Motion Conference
Wed 04/29 8:55 AM
ORDER granting11 Motion for Pre Motion Conference. An IN-PERSON premotion conference is scheduled for July 6, 2026 at 10:30 AM before Judge Gary R. Brown, Courtroom 940, 100 Federal Plaza, Central Islip, NY, at which time the parties should be prepared to address defendant's anticipated motion pursuant to Rule 12 of the Federal Rules of Civil Procedure. Counsel shall appear at such time with their clients.Counsel should note that, in appropriate cases, the pre-motion letter as well as the response, along with counsels' arguments at the pre-motion conference, may be construed, at the discretion of the Court, as the motion itself. Arguments not raised in the pre-motion letters or during the pre-motion conference shall be deemed waived. See In re Best Payphones, Inc., 450 F. App'x 8, 15 (2d Cir. 2011). At the conference, the Court will issue a briefing schedule if necessary. Before requesting an adjournment, the parties shall meet and confer and submit a joint letter with several proposed dates. The parties and other attendees to the conference are also reminded that the recording of any proceeding of the Court, including this conference, is prohibited under Local Rule 1.8. Ordered by Judge Gary R. Brown on 4/29/2026. (RJP) |
||
| Tuesday, April 28, 2026 | ||
|
utility
Case Assigned/Reassigned Case Referred to Magistrate Judge
Tue 04/28 8:50 AM
Case Reassigned to Judge Gary R. Brown and Magistrate Judge Lee G. Dunst. 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. (KS) |
||
| Monday, April 27, 2026 | ||
|
misc
Consent to Jurisdiction by US Magistrate Judge - Declined
Mon 04/27 2:12 PM
NOTICE to Assign District Judge: The Clerk of Court is directed to reassign this case to a district judge. (JSH) |
||
| Friday, April 10, 2026 | ||
| 13 | 13
respm
Response to Motion
Fri 04/10 5:29 PM
RESPONSE to Motion re11 Letter MOTION for pre motion conference in anticipation of moving to dismiss the Complaint filed by All Plaintiffs. (Agulnick, Scott) |
|
| Tuesday, April 07, 2026 | ||
| 12 | 12
misc
State Court Record
Tue 04/07 2:45 PM
STATE COURT RECORD Received from Suffolk County Supreme Court, 603190/2026. (EJK) |
|
|
order
Order Dismissing Parties
Tue 04/07 12:02 PM
ORDER: The parties' stipulation of dismissal at DE11 is GRANTED . The Clerk of the Court is respectfully directed to dismiss the case against Defendant Liberty Mutual Insurance Company, only. Additionally, the parties must review and submit either a Magistrate Jurisdiction Consent Form or a Direct Assignment Acknowledgement Form by 4/24/2026 . See 3/13/2026 Order. Ordered by Magistrate Judge Lee G. Dunst on 4/7/2026. (JSH) |
||
| Monday, April 06, 2026 | ||
| 11 | 11
motion
Pre Motion Conference
Mon 04/06 5:21 PM
Letter MOTION for pre motion conference in anticipation of moving to dismiss the Complaint by Liberty Insurance Corporation.. (Potashner, Marshall) |
|
| 10 | 10
misc
Stipulation of Dismissal
Mon 04/06 12:13 PM
STIPULATION of Dismissal (Partial as Against Liberty Mutual Insurance Company Only by Liberty Insurance Corporation., Liberty Mutual Insurance Company (Potashner, Marshall) |
|
| Friday, March 27, 2026 | ||
| 9 | 9
cmp
Amended Complaint
Fri 03/27 4:01 PM
AMENDED COMPLAINT CORRECTED against All Defendants, filed by Tammy A Dalton. (Agulnick, Scott) |
|
|
Att: 1
Exhibit A - Denial Letter
|
||
| Thursday, March 26, 2026 | ||
| 8 | 8
cmp
Amended Complaint
Thu 03/26 6:10 PM
AMENDED COMPLAINT against All Defendants, filed by Tammy A Dalton. (Agulnick, Scott) |
|
|
Att: 1
Exhibit A - Denial Letter
|
||
| Friday, March 20, 2026 | ||
| 7 | 7
misc
Jury Demand
Fri 03/20 4:12 PM
DEMAND for Trial by Jury by Paul E Dalton, Tammy A Dalton (Agulnick, Scott) |
|
| 6 | 6
notice
Notice of Appearance
Fri 03/20 4:10 PM
NOTICE of Appearance by Scott Evan Agulnick on behalf of All Plaintiffs (notification declined or already on case) (Agulnick, Scott) |
|
| Thursday, March 19, 2026 | ||
| 5 | 5
motion
Pre Motion Conference
Thu 03/19 9:38 AM
Letter MOTION for pre motion conference re1 Notice of Removal, by Liberty Mutual Insurance Company. (Potashner, Marshall) |
|
| Friday, March 13, 2026 | ||
|
order
Scheduling Order
Fri 03/13 12:10 PM
SCHEDULING ORDER: The Court will hold an Initial Conference on 5/12/2026 at 12:30PM in Courtroom 830 of the Alfonse M. D'Amato Federal Courthouse, Central Islip. The parties are directed to follow Judge Dunst's Individual Practice Rules, which are available on the Court's website, and submit a proposed discovery plan/scheduling order at least five business days prior to the initial conference pursuant to Judge Dunst's Individual Practice Rule IV.A.1. The parties are advised that this case has been assigned to the District Assignment Program pursuant to Administrative Order 2025-14. The parties must review and submit either (1) a Magistrate Jurisdiction Consent Form, or (2) a Direct Assignment Acknowledgement Form, indicating that they have conferred regarding consenting to magistrate judge jurisdiction. These forms can be found at https://www.nyed.uscourts.gov/bulletin-direct-assignment-program. Ordered by Magistrate Judge Lee G. Dunst on 3/13/2026. (JSH) |
||
| Thursday, March 12, 2026 | ||
| 4 | 4
notice
Notice of Appearance
Thu 03/12 1:11 PM
NOTICE of Appearance by Marshall T. Potashner on behalf of Liberty Mutual Insurance Company (aty to be noticed) (Potashner, Marshall) |
|
| 3 | 3
notice
Notice of Opportunity to Consent
Thu 03/12 12:13 PM
Clerks Notice Re: Consent. A magistrate judge has been assigned as the presiding judge in this case under the EDNY Direct Assignment Program, governed by EDNY Administrative Order 2025-14. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this 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 is also available here:[LINK:https://www.nyed.uscourts.gov/sites/default/files/uploads/mjconsentform.pdf.] Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent form unless all parties have signed the consent form. Unless all parties consent to the Magistrate Judge jurisdiction by the deadline set forth in the Administrative Order 2025-14, a District Judge will be assigned to the case. The parties are directed to review the terms of Administrative Order 2025-14 and other materials related to the EDNY Direct Assignment Program on the Court's website:[LINK:https://www.nyed.uscourts.gov/bulletin-direct-assignment-program.] (SMF) |
|
| 2 | 2
misc
Quality Control Check - Attorney Case Opening
Thu 03/12 12:11 PM
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (SMF) |
|
| 1 | 1
3
pgs
notice
Notice of Removal
Thu 03/12 11:37 AM
NOTICE OF REMOVAL by Liberty Mutual Insurance Company from Supreme Court, Suffolk County, case number 603190/2026. ( Filing fee $ 405 receipt number ANYEDC-19996702) Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, (Berger, Glenn) Modified on 3/12/2026 (SMF) |
|
|
Att: 1
Exhibit A. Summons & Complaint,
|
||
|
Att: 2
Civil Cover Sheet
|
||
|
utility
Case Assigned/Reassigned
Thu 03/12 12:12 PM
Case Assigned to Magistrate Judge Lee G. Dunst. 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. (SMF) |
||