Ansano Construction Corp. v. Mt. Hawley Insurance Company

New York Southern District Court
Judge:	Valerie E Caproni
Case #:	1:24-cv-05240
Nature of Suit	110 Contract - Insurance
Cause	28:1332in Diversity-Insurance Contract

Case Filed:

Jul 11, 2024

Docket
Parties (2)

Last checked: Tuesday Jan 07, 2025 3:31 AM EST

Defendant Mt. Hawley Insurance Company 9025 N. Lindbergh Dr. Peoria, IL 61615	Represented By Matthew David Kraus The Chartwell Law Offices LLP contact info Andrew Jesse Furman The Chartwell Law Offices LLP contact info
Plaintiff Ansano Construction Corp.	Represented By Daniel R. Olivieri Daniel R. Olivieri, P.C., contact info

Docket last updated: 04/25/2025 11:59 PM EDT

Friday, April 25, 2025
21		21 misc Rule 56.1 Statement Fri 04/25 11:12 AM RULE 56.1 STATEMENT. Document filed by Mt. Hawley Insurance Company..(Kraus, Matthew) Related: [-]
20		20 respm Memorandum of Law in Support of Motion Fri 04/25 11:09 AM MEMORANDUM OF LAW in Support re:19 MOTION for Summary Judgment . . Document filed by Mt. Hawley Insurance Company..(Kraus, Matthew) Related: [-]
19		19 motion Summary Judgment Fri 04/25 11:06 AM MOTION for Summary Judgment . Document filed by Mt. Hawley Insurance Company..(Kraus, Matthew) Related: [-]
		Att: 1 Affidavit Declaration of Matthew Kraus,
		Att: 2 Exhibit A - Complaint (Rivera Action),
		Att: 3 Exhibit B- Amended Complaint,
		Att: 4 Exhibit C- Answer Citibank,
		Att: 5 Exhibit D - Amended Answer Citibank,
		Att: 6 Exhibit E - Answer to Amended Compalint Ansano,
		Att: 7 Exhibit F - Consent to Change Attorney,
		Att: 8 Exhibit G - Bill of Particulars,
		Att: 9 Exhibit H - Supplemental Bill of Particulars,
		Att: 10 Exhibit I - Second Supplemental Bill of Particulars,
		Att: 11 Exhibit J - Bill of Particulars as to Ansano Demand,
		Att: 12 Exhibit K - Complaint (S/Bronx),
		Att: 13 Exhibit L - Notice of Removal,
		Att: 14 Exhibit M- Answer,
		Att: 15 Exhibit N - Rule 26 Disclosures (Ansano),
		Att: 16 Exhibit O - Lease,
		Att: 17 Exhibit P - Rider,
		Att: 18 Exhibit Q - First Amendment of Lease,
		Att: 19 Exhibit R - Second Amendment of Lease,
		Att: 20 Exhibit S - Third Amendment of Lease,
		Att: 21 Exhibit T - Fourth Amendment of Lease,
		Att: 22 Exhibit U - Fifth Amendment of Lease,
		Att: 23 Exhibit V - Incident Report,
		Att: 24 Affidavit Declaration of Carol Quirk,
		Att: 25 Exhibit 1 - MTH Policy,
		Att: 26 Exhibit 2 - 1.24.23 Email,
		Att: 27 Exhibit 3 - 2.17.23 Email,
		Att: 28 Exhibit 4 - Disclaimer
Friday, April 11, 2025
		misc Notice Regarding Deleted Document Fri 04/11 10:21 AM ***DELETED DOCUMENT. Deleted document number 19 CIVIL COVER SHEET. The document was incorrectly filed in this case. (lb) Related: [-]
Friday, February 07, 2025
18		18 1 pgs order Order on Motion for Extension of Time to Complete Discovery Fri 02/07 4:15 PM ORDER granting15 Letter Motion for Extension of Time to Complete Discovery. IT IS HEREBY ORDERED that the deadline to complete fact discovery in this case is ADJOURNED nunc pro tunc from Monday, February 3, 2025, to Friday, March 21, 2025. The Court will not further adjourn that deadline. IT IS FURTHER ORDERED that Defendants motion for summary judgment is due Friday, April 25, 2025. Plaintiff's response in opposition to Defendant's motion and in support of its cross-motion for summary judgment is due Friday, May 23, 2025. Defendant's response in opposition to Plaintiff's motion and reply in further support of its motion for summary judgment is due Friday, June 20, 2025. Plaintiff's reply papers in further support of its motion are due Wednesday, July 9, 2025. SO ORDERED. Motions due by 4/25/2025. (Signed by Judge Valerie E. Caproni on 2/7/2025) (tg) Related: [-]
		utility Set/Reset Deadlines Fri 02/07 4:17 PM Set/Reset Deadlines: Fact Discovery due by 3/21/2025. Responses due by 6/20/2025 Replies due by 7/9/2025. (tg) Related: [-]
		minutes Pretrial Conference - Interim Mon 02/10 3:05 PM Minute Entry for proceedings held before Judge Valerie E. Caproni: Interim Pretrial Conference held on 2/7/2025. Attorney Daniel Olivieri present for the plaintiff. Attorney Matthew Kraus present for the defendant. Court Reporter Devon Gerber present. (anc) Related: [-]
Monday, February 03, 2025
17		17 3 pgs order Order on Motion for Extension of Time to Complete Discovery Mon 02/03 12:18 PM MEMO ENDORSEMENT with respect to15 Letter Motion for Extension of Time to Complete Discovery. ENDORSEMENT: The Court is disappointed to learn that Plaintiff has failed to serve discovery demands in this case and has not brought the above-detailed issues to the Court's attention sooner. The state court's August 26, 2024 dismissal of the underlying action for counsel's failure to appear at a conference occurred nearly a month before the parties submitted a joint letter to the Court. See Dkt. 12. Neither that letter nor the parties' proposed case management plan mentioned the dismissal. Furthermore, it appears from the docket that discovery was ongoing in the state court action for over a year before the dismissal, potentially undercutting Plaintiff's argument that it was "impossible" to respond to Defendant's discovery requests without the benefit of discovery in the state court action. The Court will not decide whether to adjourn the discovery deadlines in this case until after the parties appear for the status conference scheduled for Friday, February 7, at 10:00 A.M. The parties should be prepared to update to the Court on outstanding discovery demands, what discovery is needed in the state court case to facilitate discovery in this matter, and the status of the underlying action. SO ORDERED. (Signed by Judge Valerie E. Caproni on 2/3/2025) (tg) Related: [-]
16		16 misc Letter Mon 02/03 9:24 AM JOINT LETTER addressed to Judge Valerie E. Caproni from Andrew Furman dated January 31, 2025 re: status update. Document filed by Mt. Hawley Insurance Company..(Furman, Andrew) Related: [-]
Friday, January 31, 2025
15		15 motion Extension of Time to Complete Discovery Fri 01/31 4:59 PM JOINT LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Valerie E. Caproni from Andrew Furman dated January 31, 2025. Document filed by Mt. Hawley Insurance Company..(Furman, Andrew) Related: [-]
Thursday, September 26, 2024
14		14 order Case Management Plan Thu 09/26 3:43 PM CIVIL 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. Any motion to amend or to join additional parties shall be filed within 30 days from the date of this Order. This case is to be tried to a jury. SO ORDERED. Expert Deposition due by 3/20/2025. Fact Discovery due by 2/3/2025. Expert Discovery due by 3/20/2025. Pretrial Conference set for 2/7/2025 at 10:00 AM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni. (Signed by Judge Valerie E. Caproni on 9/26/2024) (tg) Related: [-]
13		13 order Memo Endorsement ~Util - Set Deadlines/Hearings Thu 09/26 3:34 PM MEMO ENDORSEMENT on re:12 Letter, filed by Mt. Hawley Insurance Company. ENDORSEMENT: Application GRANTED. The Initial Pretrial Conference scheduled for Friday, October 4, 2024, at 10:00 A.M. is CANCELLED. The Court will enter the Case Management Plan by separate order. SO ORDERED. (Signed by Judge Valerie E. Caproni on 9/26/2024) (tg) Related: [-]
Wednesday, September 25, 2024
12		12 misc Letter Wed 09/25 2:01 PM JOINT LETTER addressed to Judge Valerie E. Caproni from Andrew Furman dated 9/24/24 re: Proposed Case Management Plan. Document filed by Mt. Hawley Insurance Company..(Furman, Andrew) Related: [-]
		Att: 1 Proposed Order Proposed Case Management Order
Wednesday, July 24, 2024
11		11 3 pgs order Order for Initial Pretrial Conference Wed 07/24 2:14 PM NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 10/4/2024 at 10:00 AM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni. (Signed by Judge Valerie E. Caproni on 7/24/2024) (rro) Related: [-]
Monday, July 22, 2024
10		10 order Memo Endorsement Mon 07/22 3:52 PM MEMO ENDORSEMENT on re:9 Letter, filed by Mt. Hawley Insurance Company. ENDORSEMENT: Defendant has satisfied the Court's July 15, 2024, Order to Show Cause. By separate order, the Court will schedule an Initial Pretrial Conference. SO ORDERED. (Signed by Judge Valerie E. Caproni on 7/22/2024) (tg) Related: [-]
Friday, July 19, 2024
9		9 misc Letter Fri 07/19 2:58 PM LETTER addressed to Judge Valerie E. Caproni from Andrew Furman dated 7/19/24 re: Response to Order dated 7/15/24. Document filed by Mt. Hawley Insurance Company..(Furman, Andrew) Related: [-]
		Att: 1 Exhibit A - Quirk Declaration,
		Att: 2 Exhibit B - Verified Bills of Particulars
Wednesday, July 17, 2024
8		8 notice Notice of Appearance Wed 07/17 4:34 PM NOTICE OF APPEARANCE by Andrew Jesse Furman on behalf of Mt. Hawley Insurance Company..(Furman, Andrew) Related: [-]
7		7 answer Answer to Complaint Wed 07/17 3:53 PM ANSWER to Complaint. Document filed by Mt. Hawley Insurance Company..(Kraus, Matthew) Related: [-]
Tuesday, July 16, 2024
6		6 notice Notice of Appearance Tue 07/16 9:09 PM NOTICE OF APPEARANCE by Daniel R. Olivieri on behalf of Ansano Construction Corp...(Olivieri, Daniel) Related: [-]
Monday, July 15, 2024
5		5 2 pgs order Order to Show Cause Mon 07/15 3:28 PM ORDER: IT IS HEREBY ORDERED that, by not later than Monday, July 22, 2024, Defendant must either (a) file an amended notice of removal that provides adequate factual allegations to show that the jurisdictional threshold has been met or (b) show cause why this case should not be remanded for lack subject matter jurisdiction. (Signed by Judge Valerie E. Caproni on 7/15/2024) (rro) Related: [-]
Friday, July 12, 2024
4		4 misc Rule 7.1 Corporate Disclosure Statement Fri 07/12 11:09 AM AMENDED RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent RLI Insurance Company, Corporate Parent RLI Corp. for Mt. Hawley Insurance Company. Document filed by Mt. Hawley Insurance Company..(Kraus, Matthew) Related: [-]
		misc Notice to Attorney Regarding Case Opening Statistical Error Correction Fri 07/12 11:00 AM ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Matthew David Kraus. The following case opening statistical information was erroneously selected/entered: Arbitration code v (Voluntary); County code New York. The following correction(s) have been made to your case entry: the Arbitration code has been deleted; the County code has been modified to Bronx. (vf) Related: [-]
		notice Case Opening Initial Assignment Notice Fri 07/12 11:05 AM CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Valerie E. Caproni. 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] ..(vf) Related: [-]
		utility Case Designation Fri 07/12 11:05 AM 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] . (vf) Related: [-]
		utility Case Designated ECF Fri 07/12 11:05 AM Case Designated ECF. (vf) Related: [-]
Thursday, July 11, 2024
3		3 misc Rule 7.1 Corporate Disclosure Statement Thu 07/11 12:48 PM RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Mt. Hawley Insurance Company..(Kraus, Matthew) Related: [-]
2		2 misc Civil Cover Sheet Thu 07/11 12:47 PM CIVIL COVER SHEET filed..(Kraus, Matthew) Related: [-]
1		1 notice Notice of Removal Thu 07/11 12:46 PM NOTICE OF REMOVAL from Supreme Court, County of Bronx. Case Number: 808883/2024E. (Filing Fee $ 405.00, Receipt Number ANYSDC-29591590).Document filed by Mt. Hawley Insurance Company..(Kraus, Matthew) Related: [-]
		Att: 1 Affidavit Affirmation of Matthew Kraus,
		Att: 2 Exhibit A - Documentation of Service,
		Att: 3 Exhibit B - Pleadings,
		Att: 4 Affidavit Certificate of Service

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