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Colony Insurance Company v. DTC Services Inc.

Docket 1:24-cv-07466, New York Southern District Court (Oct. 2, 2024)
Judge Valerie E. Caproni, presiding
Insurance
DivisionFoley Square
FlagsECF
Cause28:1332jd Diversity-Declaratory Judgement
Case Type110 Insurance
Tags110 Insurance, 110 Insurance
Deadline( Initial Conference set for 4/4/2025 at 10:00 AM in Courtroom 20C, 500 Pearl Street, April 4, 2025, at 10:00 A.M. in Courtroom 20C of the Daniel Patrick Moynihan United State s Courthouse, 500 Pearl Street, The Initial Pretrial Conference scheduled for Friday, April 4, 2025, at 10:00 A.M. is ADJOURNED to Friday
Deadline6 is ADJOURNED from Thursday, March 27, 2025, to Thursday, May 1, 2025.
Plaintiff Colony Insurance Company
Defendant DTC Services Inc.
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No. 42 ORDER granting 40 Letter Motion to Adjourn Conference; granting 41 Letter Motion to Adjourn ...

Document Colony Insurance Company v. DTC Services Inc., 1:24-cv-07466, No. 42 (S.D.N.Y. Mar. 17, 2025)
Hon Valerie E. Caproni Thurgood Marshall United States Courthouse 40 Foley Square New York, New York 10007 Re: Matter Civil Action No. Our File No.
: : : Colony Insurance Company v. DTC Services Inc. 24-cv-07466 (VEC) 650.0276 Dear Judge Caproni: We represent plaintiff Colony Insurance Company (“Colony”) in the captioned matter, which is scheduled for a hearing at 10:00 a.m. tomorrow on Colony’s default motion.
Please allow this letter to modify the letter filed earlier today seeking an adjournment of the Initial Pre-Trial Conference.
The parties' deadline to submit a joint letter and proposed case management plan in accordance with the Court's prior Order at Dkt. 6 is ADJOURNED from Thursday, March 27, 2025, to Thursday, May 1, 2025.
The Clerk of Court is respectfully directed to terminate the open motions at Dkts.
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No. 39 ORDER: IT IS HEREBY ORDERED that the IPTC previously scheduled for Friday, December 13, 2024, ...

Document Colony Insurance Company v. DTC Services Inc., 1:24-cv-07466, No. 39 (S.D.N.Y. Mar. 13, 2025)
WHEREAS on October 2, 2024, Plaintiff initiated this action, see Dkt. 1; WHEREAS on October 7, 2024, the Court scheduled an Initial Pretrial Conference (“IPTC”) for December 13, 2024, at 10:00 A.M., see Dkt. 6; WHEREAS because Defendant did not timely answer the Complaint or appear in this action, on December 11, 2024, the Court adjourned the IPTC sine die, and on December 20, 2024, Plaintiff moved for default judgment, see Dkts.
20–23; after several adjournments, the default judgment hearing was scheduled for Friday, February 14, 2025, see Dkt. 30; WHEREAS on February 13, 2025, Plaintiff filed a letter indicating that Defendant retained counsel to represent it in this matter, and the Court cancelled the default judgment hearing and set a March 17, 2025 deadline for Defendant to answer the Complaint, see Dkts.
34– 35; and WHEREAS on March 12, 2025, Defendant answered the Complaint, see Dkt. 36;
IT IS HEREBY ORDERED that the IPTC previously scheduled for Friday, December 13, 2024, at 10:00 A.M. and adjourned sine die will take place on Friday, April 4, 2025, at 10:00 A.M. in Courtroom 20C of the Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, New York, New York 10007.
The parties’ joint letter and proposed case management plan as detailed in the Court’s prior Order at Dkt. 6 are due by Thursday, March 27, 2025.
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No. 26 ORDER: IT IS HEREBY ORDERED that Show Cause Hearing for Plaintiff's Default Judgment motion ...

Document Colony Insurance Company v. DTC Services Inc., 1:24-cv-07466, No. 26 (S.D.N.Y. Feb. 3, 2025)
VALERIE CAPRONI, United States District Judge: : : : : : : : : : : : : : WHEREAS on January 2, 2025, the Court ordered the parties to appear before the Court on Friday, February 7, 2025, for Defendant to show cause why default judgment should not be entered against it, see Dkt. 24; and WHEREAS the Undersigned’s Courtroom has changed; IT IS HEREBY ORDERED that Show Cause Hearing for Plaintiff’s Default Judgment motion scheduled for Friday, February 7, 2025, at 10:00 A.M. will now take place in Courtroom 20C, Daniel Patrick Moynihan U.S.
Courthouse, 500 Pearl Street, New York, New York 10007.
IT IS FURTHER ORDERED that Plaintiff must serve this Order on Defendant and file proof of service via ECF by Tuesday, February 4, 2025.
Date: February 3, 2025 New York, New York
United States District Judge
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No. 28 ORDER: IT IS HEREBY ORDERED that by Wednesday, February 5, 2025, Plaintiff must submit an ...

Document Colony Insurance Company v. DTC Services Inc., 1:24-cv-07466, No. 28 (S.D.N.Y. Feb. 3, 2025)
WHEREAS the Complaint alleges that the amount-in-controversy requirement is satisfied because Defendant will incur over $75,000 in defense costs in the Underlying Action, see Compl.
¶¶ 10, 13; WHEREAS Plaintiff has not alleged any facts that would allow the Court reasonably to infer that defense costs to be incurred in the Underlying Action will exceed $75,000, and the Harwood Affidavit does not assert that defense costs have or will exceed $75,000; WHEREAS according to the Amended Verified Complaint filed in the Underlying Action, see Dkt. 1-1, the plaintiff seeks damages in excess of the jurisdictional limit of all lower New York state courts (i.e., a sum greater than $50,000, not a sum greater than $75,000), see Am.
¶¶ 290, 296, 302, 308; and WHEREAS the Court finds that Plaintiff’s theory of damages based on the policy’s per- occurrence limit is without merit, as “the amount in controversy is measured by the value of the object of the litigation,” Correspondent Servs.
Corp. v. First Equities Corp. of Fla., 442 F.3d 767, 769 (2d Cir. 2006) (citation omitted), and it is not plausible, based on the facts asserted in the Complaint, that the policy limit is implicated by the Underlying Action; rather, the authorities relied on by Plaintiff make clear that the amount-in-controversy requirement may be based on the damages sought in the Underlying Action or the cost to defend the lawsuit, see, e.g., Union Mut.
LEXIS 137766, at *9–10 (S.D.N.Y. July 23, 2021); IT IS HEREBY ORDERED that by Wednesday, February 5, 2025, Plaintiff must submit an affidavit, including exhibits if necessary, addressing whether the amount-in- controversy requirement has been met.
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