ZIFF et al v. ALLIANZ GLOBAL RISKS US INSURANCE COMPANY
| New Jersey District Court | |
| Judge: | Jamel K Semper |
| Referred: | Jose R Almonte |
| Case #: | 2:24-cv-10529 |
| Nature of Suit | 110 Contract - Insurance |
| Cause | 28:1332 Diversity-Notice of Removal |
| Case Filed: | Nov 15, 2024 |
| Case in other court: | Superior Court of New Jersey, BER-L-21-00024 |
| Last checked: Monday Dec 30, 2024 4:39 AM EST |
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Defendant
ALLIANZ GLOBAL RISKS US INSURANCE COMPANY
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Represented By
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Plaintiff
LAURENCE ZIFF
individually
2118 60TH DRIVE EAST, FL 34209 |
Represented By
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Plaintiff
THE ZIFF AGENCY, LLC
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Represented By
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| Docket last updated: 01/26/2025 11:59 PM EST |
| Wednesday, January 22, 2025 | ||
| 13 | 13
cmp
Amended Complaint
Wed 01/22 11:44 AM
AMENDED COMPLAINT against ALLIANZ GLOBAL RISKS US INSURANCE COMPANY, filed by LAURENCE ZIFF, THE ZIFF AGENCY, LLC.(ZAMPINO, KELLY) |
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| Thursday, January 16, 2025 | ||
| 12 | 12
order
Order on Motion to Dismiss Order on Motion for Leave to File
Thu 01/16 10:14 AM
TEXT ORDER: The Court has reviewed the arguments of the parties regarding Plaintiffs' Cross Motion for Leave to File an Amended Complaint at ECF No.9 ("the Cross Motion") and Defendant's response at ECF No.11 . Having considered the Cross Motion on the papers, the Court decides the Cross Motion without oral argument. See Fed. R. Civ. P. 78(b); L.Civ.R. 78.1(b). Under Rule 15, a party may amend a pleading once as of right within a proscribed timeframe and, thereafter, may amend its pleading "with the opposing party's written consent or the court's leave." Fed. R. Civ. P. 15(a)(2). Plaintiffs have missed their deadline to amend as of right by a few days. Nonetheless, the Rule also directs courts to "freely give leave" to amend "when justice so requires." Id. Defendant does not consent to an amendment and argues in opposition that any amendment would be futile. ECF No. 11 at 10-12. An amendment is futile if it "is frivolous or advances a claim or defense that is legally insufficient on its face." Harrison Beverage Co. v. Dribeck Imps., Inc., 133 F.R.D. 463, 468 (D.N.J. 1990) (citing 6 Wright, Miller & Kane, Federal Practice & Procedure § 1487 at 637-642 (2d ed. 1990)). To determine whether an amendment is insufficient on its face, the Court employs the standard applied to Rule 12(b)(6) motions to dismiss. In re Burlington Coat Factory Sec. Litig., 114 F.3d 1410, 1434 (3d Cir. 1997). In essence, this Court would have to decide a dispositive motion in the context of a motion to amend. "In the interests of judicial economy and in the absence of undue prejudice, the Court may decline to engage in a detailed futility analysis" where those arguments are better suited for consideration in a motion to dismiss. See Colombo v. Bd. of Educ. for the Clifton Sch. Dist., No. 11-cv-785, 2016 WL 6403081, at *2 (D.N.J. Oct. 27, 2016). That is precisely the case here, therefore the Court declines to engage in a detailed futility analysis at this early stage of the litigation, and considering that Defendant may re-raise its arguments in a renewed motion to dismiss following Plaintiffs' amendment. As such, Plaintiffs' Cross Motion is GRANTED. Plaintiffs shall file their amended complaint on or before January 31, 2025. In light of the Court's decision on the Cross Motion, Defendant's pending motion to dismiss at ECF No.6 is DENIED AS MOOT. Defendant shall answer or otherwise respond to the amended complaint by February 28, 2025. So Ordered by Magistrate Judge Jose R. Almonte on 1/16/2025. (akw, ) |
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| Tuesday, January 14, 2025 | ||
| 11 | 11
respm
Brief in Support of Motion
Tue 01/14 3:08 PM
BRIEF in Support filed by ALLIANZ GLOBAL RISKS US INSURANCE COMPANY re6 MOTION to Dismiss and In Opposition to Plaintiffs' Cross-Motion (FALCONE, FRANK) |
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| Wednesday, January 08, 2025 | ||
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utility
Set/Reset Motion and R&R Deadlines/Hearings
Wed 01/08 12:12 PM
Set Deadlines as to9 Cross MOTION for Leave to File Amended Complaint. Motion set for 1/21/2025 before Judge Jamel K. Semper. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (wh) |
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| Tuesday, January 07, 2025 | ||
| 10 | 10
respm
Brief in Opposition to Motion
Tue 01/07 4:19 PM
BRIEF in Opposition filed by LAURENCE ZIFF, THE ZIFF AGENCY, LLC re6 MOTION to Dismiss (ZAMPINO, KELLY) |
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| 9 | 9
motion
Leave to File Document
Tue 01/07 4:15 PM
Cross MOTION for Leave to File Amended Complaint by LAURENCE ZIFF, THE ZIFF AGENCY, LLC.(ZAMPINO, KELLY) |
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Att: 1
Brief in support of Cross Motion and in Opposition to Motion to Dismiss,
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Att: 2
Declaration of Paul S. Doherty, III, Esq.,
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Att: 3
Text of Proposed Order
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| Friday, December 13, 2024 | ||
| 8 | 8
respm
Letter Rule 7.1
Fri 12/13 12:36 PM
Rule 7.1(d)(5) Letter for an automatic extension of the return date of a dispositive motion filed by LAURENCE ZIFF, THE ZIFF AGENCY, LLC re6 MOTION to Dismiss (ZAMPINO, KELLY) |
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| 7 | 7
notice
Notice of Appearance
Fri 12/13 12:32 PM
NOTICE of Appearance by KELLY A ZAMPINO on behalf of All Plaintiffs (ZAMPINO, KELLY) |
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utility
Set/Reset Motion and R&R Deadlines/Hearings
Fri 12/13 2:45 PM
Set Deadlines as to6 MOTION to Dismiss. Motion set for 1/6/2025 before Judge Jamel K. Semper. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk's Office and does not supersede any previous or subsequent orders from the Court. (dam) |
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utility
Set/Reset Motion and R&R Deadlines/Hearings
Fri 12/13 4:16 PM
Reset Deadlines as to6 MOTION to Dismiss . Motion set for 1/21/2025 before Judge Jamel K. Semper. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (qa, ) |
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| Thursday, December 05, 2024 | ||
| 6 | 6
motion
Dismiss
Thu 12/05 4:17 PM
MOTION to Dismiss by ALLIANZ GLOBAL RISKS US INSURANCE COMPANY.(FALCONE, FRANK) |
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Att: 1
Brief,
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Att: 2
Certification of Frank M. Falcone, Esq.,
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Att: 3
Exhibit A,
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Att: 4
Exhibit B,
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Att: 5
Exhibit C,
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Att: 6
Exhibit D,
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Att: 7
Text of Proposed Order
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| Monday, November 25, 2024 | ||
| 5 | 5
misc
Corporate Disclosure Statement (aty)
Mon 11/25 1:27 PM
Corporate Disclosure Statement by ALLIANZ GLOBAL RISKS US INSURANCE COMPANY identifying Allianz of America, Inc. as Corporate Parent.. (FALCONE, FRANK) |
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| Thursday, November 21, 2024 | ||
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utility
Update Answer Due Deadline
Thu 11/21 9:18 AM
Clerk`s Text Order - The4 Application for Clerk's Order Extending Time to Answer submitted by ALLIANZ GLOBAL RISKS US INSURANCE COMPANY on 11/19/2024 has been GRANTED. The answer due date has been set for 12/6/2024. (wh) |
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| Tuesday, November 19, 2024 | ||
| 4 | 4
misc
Application for Clerk Order to Ext Answer/Proposed Order
Tue 11/19 5:19 PM
Application and Proposed Order for Clerk's Order to extend time to answer as to Fireman's Fund Insurance Company i/p/a Allianz Global Risks US Insurance Company.. (FALCONE, FRANK) |
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| 3 | 3
notice
Notice of Appearance
Tue 11/19 12:55 PM
NOTICE of Appearance by TYLER J PIERSON on behalf of ALLIANZ GLOBAL RISKS US INSURANCE COMPANY (PIERSON, TYLER) |
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| 2 | 2
misc
Exhibit (to Document)
Tue 11/19 12:07 PM
Exhibit to1 Notice of Removal, Civil Cover Sheet by ALLIANZ GLOBAL RISKS US INSURANCE COMPANY. (FALCONE, FRANK) |
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| Monday, November 18, 2024 | ||
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qc
QC - Civil Cover Sheet JS44
Mon 11/18 10:02 AM
CLERK'S QUALITY CONTROL MESSAGE - The case you electronically filed did not include a Civil Cover Sheet (JS-44), which is required to be submitted along with the initial pleading, as indicated in the Attorney Case Opening Guide. Please complete and file a[LINK:Civil Cover Sheet] using the event Exhibit (to Document) found under Civil/Other Filings/Other Documents. Please refer to the Attorney Case Opening Guide for processing electronically filed cases. (wh) |
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qc
QC - Lack of Corporate Disclosure Statement
Mon 11/18 10:03 AM
CLERK'S QUALITY CONTROL MESSAGE - Please be advised, pursuant to Fed. R. Civ. P. 7.1, a corporate disclosure statement is required to be filed by a nongovernmental corporate party or intervenor. Please refer to the Court's website at[LINK:www.njd.uscourts.gov] for a form and filing instructions. (wh) |
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qc
QC - Blank Diversity Disclosure Statement
Mon 11/18 10:03 AM
CLERK'S QUALITY CONTROL MESSAGE - Please be advised, pursuant to Fed. R. Civ. P. 7.1(a)(2), unless the Court orders otherwise, in any action filed or removed to this Court, in which jurisdiction is based upon diversity under 28 U.S.C. 1332(a), a party or intervenor must file a disclosure statement naming and identifying the citizenship of every individual or entity whose citizenship is attributed to that party or intervenor. A party, intervenor or proposed intervenor must file the disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the Court.[LINK:Click here] to complete the Diversity Disclosure Statement, once complete, file it using the event Diversity Disclosure Statement. (wh) |
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| Friday, November 15, 2024 | ||
| 1 | 1
notice
Notice of Removal
Fri 11/15 1:46 PM
NOTICE OF REMOVAL by FIREMAN'S FUND INSURANCE COMPANY from SUPERIOR COURT OF NEW JERSEY, case number BER-L-5821-24. ( Filing and Admin fee $ 405 receipt number ANJDC-15811214), filed by FIREMAN'S FUND INSURANCE COMPANY.(FALCONE, FRANK) |
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Att: 1
Exhibit A,
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Att: 2
Exhibit B
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utility
Case Assigned/Reassigned
Fri 11/15 1:56 PM
Case Assigned to Judge Jamel K. Semper and Magistrate Judge Jose R. Almonte. (mfr) |
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