White et al v. Ironshore Specialty Insurance Company
| New York Eastern District Court | |
| Judge: | Nusrat J Choudhury |
| Referred: | Steven Tiscione |
| Case #: | 2:25-cv-01290 |
| Nature of Suit | 110 Contract - Insurance |
| Cause | 28:1332 Diversity-Notice of Removal |
| Case Filed: | Mar 06, 2025 |
| Case in other court: | Supreme Court State of New York, Nassau County, 602409/2025 |
| Last checked: Sunday Apr 20, 2025 5:46 AM EDT |
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Defendant
Ironshore Specialty Insurance Company
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Represented By
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Plaintiff
Jeffrey H. White
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Represented By
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Plaintiff
White Oaks Rehabilitation and Nursing Center
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Represented By
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| Docket last updated: 04/28/2025 11:59 PM EDT |
| Sunday, April 27, 2025 | ||
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order
1 - Terminate Hearings ~Util - Set Hearings
Sun 04/27 4:10 PM
The Court is adjourning the initial conference scheduled for May 1st to 10:00 a.m. on June 4, 2025 by phone. Counsel shall use the same dial-in information previously provided. So Ordered by Magistrate Judge Steven Tiscione on 4/27/2025. (LV) |
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| Friday, April 25, 2025 | ||
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order
Order(Other)
Fri 04/25 7:42 AM
ORDER: Plaintiffs Jeffrey H. White, the Estate of Eleanor White, and White Oaks Rehabilitation and Nursing Center (together, "Plaintiffs") brought this case against Defendant Ironshore Specialty Insurance Company ("Ironshore") on January 31, 2025 and served Ironshore on February 20, 2025. On March 6, 2025, Ironshore removed this action from the Supreme Court of the State of New York, Nassau County, invoking this Court's diversity jurisdiction under 28 U.S.C. § 1332(a). Consistent with the Court's independent obligation to determine whether subject matter jurisdiction exists, the Court has reviewed the entire record to determine whether Ironshore has established that this court possesses diversity jurisdiction. See Joseph v. Leavitt , 465 F.3d 87, 89 (2d Cir. 2006); see also Lyndonville Sav. Bank & Tr. Co. v. Lussier , 211 F.3d 697, 700 (2d Cir. 2000) ("[F]ailure of subject matter jurisdiction is not waivable and may be raised at any time by a party or by the court sua sponte."). Specifically, the Court has reviewed the following submissions: (1) the Complaint (ECF No. 1-2), (2) the Notice of Removal (ECF No. 1), (3) Ironshore's Rule 7.1 Disclosure Statement (ECF Nos. 4-5), (4) Ironshore's letter pursuant to this Court's Individual Rule 1.10 "explaining the basis for [Ironshore's] belief that diversity of citizenship exists" ("Letter," ECF No. 13), and (5) Plaintiffs' Rule 7.1 Disclosure Statement and supporting submissions (ECF Nos. 17-18). Based on these submissions, the Court has determined that it has diversity jurisdiction pursuant to 28 U.S.C. § 1332(a). First, removal is timely under 28 U.S.C. § 1446(b) because Ironshore filed the Notice of Removal on March 6, 2025--within 30 days after its receipt of the Complaint on February 20, 2025. ECF No. 1 para. 2; 28 U.S.C. § 1446(b)(1) ("The notice of removal... shall be filed within 30 days after the receipt by the defendants, through service or otherwise, of a copy of the initial pleading..."). Second, complete diversity exists between the parties. See 28 U.S.C. § 1332(a)(1) (granting the federal courts jurisdiction over cases between "citizens of different states"). Jeffrey H. White is a citizen of Florida because Ironshore's letter represents that he is domiciled in Florida and the record includes other evidence of Jeffrey H. White's ties to Florida--including that he resides in Florida, maintains a phone number with a Florida area code, and worked with a Florida-based Ironshore insurance agent in connection with the relevant insurance policy in this case. ECF No. 1-2 at 1; ECF No. 17 at 1; see Lawrence Moskowitz CLU. Ltd. v. ALP, Inc. , 2020 WL 1503558, at *4 (S.D.N.Y. Mar. 2020) (finding the plaintiff's maintenance of New York residence, as well as personal and business phone numbers with New York area codes, to be probative of the plaintiff's citizenship in New York). The Estate of Eleanor White is also a citizen of Florida because Ironshore's Letter represents that she was domiciled in Florida at the time of her death in 2013, and Ironshore also provides Eleanor White's death notice published in the Sun Sentinel--a publication covering news in and around Fort Lauderdale, Florida. ECF No. 13 at 1; ECF No. 1-6; 28 U.S.C. § 1332(c)(2) ("[T]he legal representative of the estate of a decedent shall be deemed to be a citizen only of the same State as the decedent."). White Oaks Rehabilitation and Nursing Center is a citizen of Florida because it is a partnership whose partners, Jeffrey H. White and the Estate of Eleanor White, are citizens of that state. ECF Nos. 18, 18-1; Platinum-Montaur Life Sciences, LLC v. Navidea Biopharms., Inc. , 946 F.3d 613, 615 (2d Cir. 2019) ("For the purposes of diversity jurisdiction, a partnership takes the citizenship of all of its partners."). Ironshore is a citizen of Arizona and Massachusetts because its Notice of Removal, Letter, and Rule 7.1 Disclosure Statement establish that it is an Arizona corporation with its principal place of business in Massachusetts. ECF No. 1 para. 17, ECF No. 13 at 2, ECF No. 5 at 1; 28 U.S.C. § 1332(c)(1) ("A corporation shall be deemed to be a citizen of every State... by which it has been incorporated and of the State... where it has its principal place of business."). Third, the amount in controversy requirement is satisfied because Plaintiffs seek monetary damages of $1,100,000.00. ECF No. 17 at 3; 28 U.S.C. § 1332(a) (providing that the federal courts have diversity jurisdiction over actions where "the matter in controversy exceeds the sum or value of $75,000"). Accordingly, the Court finds that it has diversity jurisdiction pursuant to 28 U.S.C. § 1332(a). Ordered by Judge Nusrat J. Choudhury on 4/25/2025. (DJL) |
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| Tuesday, April 08, 2025 | ||
| 18 | 18
discov
Disclosure of Interested Parties
Tue 04/08 5:47 PM
DISCLOSURE of Interested Parties by Jeffrey H. White, White Oaks Rehabilitation and Nursing Center. (Klestzick, Evan) |
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Att: 1
Exhibit 1 - Amended Business Certificate
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| 17 | 17
discov
Disclosure of Interested Parties
Tue 04/08 5:42 PM
DISCLOSURE of Interested Parties by Jeffrey H. White, White Oaks Rehabilitation and Nursing Center. (Klestzick, Evan) |
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Att: 1
Exhibit A - Amended Business Certificate,
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Att: 2
Exhibit B - IRS TIN Letter,
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Att: 3
Exhibit C - Policy of Insurance,
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Att: 4
Exhibit D1 - Affirmation of David Steiner, MD,
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Att: 5
Exhibit D2 - CV of David G. Steiner, MD,
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Att: 6
Exhibit E - Medical Records,
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Att: 7
Exhibit F - Death Certificate,
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Att: 8
Exhibit G - Ironshore Disclaimer Letter,
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Att: 9
Exhibit H - Copy of Plaintiff's Complaint,
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Att: 10
Exhibit I - Copy of Judgment,
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Att: 11
Exhibit J - Copy of Inquest Minutes,
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Att: 12
Exhibit K1 - Copy of OSC to Vacate Default Judgment,
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Att: 13
Exhibit K2 - Attorney Affirmation in Support of Defendant's Motion, by OSC to Vacate Default and Judgment
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| Wednesday, April 02, 2025 | ||
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order
Order(Other)
Wed 04/02 6:20 PM
ORDER: By April 9, 2025 Plaintiffs Jeffrey H. White ("White") and White Oaks Rehabilitation and Nursing Center ("White Oaks") must file disclosure statements in accordance with Rule 7.1 of the Federal Rules of Civil Procedure, which Plaintiffs were required to file with their "first appearance, pleading, petition, motion, response, or other request addressed to the court." See Fed. R. Civ. P. 7.1(b)(1). The disclosure statement must specifically address Defendant Ironshore Specialty Insurance Company's representation in its March 27, 2025 letter that White Oaks is merely a name and, accordingly, White Oaks "does not have an independent legal existence of its own." (ECF No. 13 at 2.) Ordered by Judge Nusrat J. Choudhury on 4/2/2025. (DJL) |
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| Tuesday, April 01, 2025 | ||
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order
Scheduling Order
Tue 04/01 4:39 PM
SCHEDULING ORDER: An initial conference will be held at 10:00 a.m. on May 1, 2025 before the undersigned by phone. Counsel for all parties must participate and shall connect to the conference through dial-in number 571-353-2301 with ID# 179933855. The attached Discovery Plan Worksheet is to be completed and electronically filed with the Court by April 29th. THE PARTIES ARE REMINDED that audio or video recording of proceedings by any party other than the Court, is strictly prohibited by Local Civil Rule 1.8. Violation of this rule may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed appropriate by the Court. So Ordered by Magistrate Judge Steven Tiscione on 4/1/2025. (LV) |
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| 15 | 15
answer
Answer to Complaint
Tue 04/01 1:39 PM
ANSWER to Complaint and Affirmative Defenses by Ironshore Specialty Insurance Company. (Schiller, Ronald) |
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Att: 1
Exhibit A - 2023 Coverage Denial
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| Friday, March 28, 2025 | ||
| 14 | 14
notice
Notice of Appearance
Fri 03/28 10:48 AM
NOTICE of Appearance by Michael J. Giordano on behalf of Jeffrey H. White, White Oaks Rehabilitation and Nursing Center (aty to be noticed) (Giordano, Michael) |
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| Thursday, March 27, 2025 | ||
| 13 | 13
misc
Letter
Thu 03/27 3:49 PM
Letter Individual Rule 1.10 Letter to Judge Choudhury by Ironshore Specialty Insurance Company (Schiller, Ronald) |
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| Tuesday, March 18, 2025 | ||
| 12 | 12
notice
Notice of Appearance
Tue 03/18 5:16 PM
NOTICE of Appearance by Evan William Klestzick on behalf of All Plaintiffs (notification declined or already on case) (Klestzick, Evan) |
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Att: 1
Additional Notice of Appearance on behalf of Attorney Michael Giordano
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| Monday, March 10, 2025 | ||
| 11 | 11
notice
Notice of Appearance
Mon 03/10 4:24 PM
NOTICE of Appearance by Thomas Nelson Brown on behalf of Ironshore Specialty Insurance Company (notification declined or already on case) (Brown, Thomas) |
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| 10 | 10
motion
Appear Pro Hac Vice
Mon 03/10 2:08 PM
MOTION to Appear Pro Hac Vice Filing fee $ 200, receipt number ANYEDC-18837754 by Ironshore Specialty Insurance Company. (Brown, Thomas) |
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Att: 1
Exhibit Certificate of Good Standing
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| 9 | 9
notice
Notice of Appearance
Mon 03/10 9:55 AM
NOTICE of Appearance by Daniel J Layden on behalf of Ironshore Specialty Insurance Company (notification declined or already on case) (Layden, Daniel) |
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| 8 | 8
notice
Notice of Appearance
Mon 03/10 9:53 AM
NOTICE of Appearance by Ronald Paltin Schiller on behalf of Ironshore Specialty Insurance Company (notification declined or already on case) (Schiller, Ronald) |
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order
Order on Motion for Leave to Appear Pro Hac Vice
Mon 03/10 4:11 PM
ORDER granting10 Motion for Leave to Appear Pro Hac Vice. Having reviewed the Pro Hac Vice application10 submitted by Thomas N Brown for Defendant and found it to be in compliance with the local rules concerning attorney admissions, the application is approved. If not already done, the attorney shall register for ECF which is available online at the NYED's homepage. Once registered, the attorney shall file a notice of appearance and ensure that they receive electronic notifications of activity in this case. The attorney shall ensure that the $200 admission fee is submitted or has been submitted to the Clerk's Office. So Ordered by Magistrate Judge Steven Tiscione on 3/10/2025. (LV) |
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| Friday, March 07, 2025 | ||
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motion
Appear Pro Hac Vice
Fri 03/07 12:45 PM
MOTION to Appear Pro Hac Vice Filing fee $ 200, receipt number ANYEDC-18832301 by Ironshore Specialty Insurance Company. (Layden, Daniel) |
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Att: 1
Exhibit Certificates of Good Standing
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| 6 | 6
motion
Appear Pro Hac Vice
Fri 03/07 12:38 PM
MOTION to Appear Pro Hac Vice Filing fee $ 200, receipt number ANYEDC-18832260 by Ironshore Specialty Insurance Company. (Schiller, Ronald) |
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Att: 1
Exhibit Certificates of Good Standing
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order
Order on Motion for Leave to Appear Pro Hac Vice
Fri 03/07 2:42 PM
ORDER granting6 Motion for Leave to Appear Pro Hac Vice. Having reviewed the Pro Hac Vice application6 submitted by Ronald P. Schiller for Defendant and found it to be in compliance with the local rules concerning attorney admissions, the application is approved. If not already done, the attorney shall register for ECF which is available online at the NYED's homepage. Once registered, the attorney shall file a notice of appearance and ensure that they receive electronic notifications of activity in this case. The attorney shall ensure that the $200 admission fee is submitted or has been submitted to the Clerk's Office. So Ordered by Magistrate Judge Steven Tiscione on 3/7/2025. (LV) |
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order
Order on Motion for Leave to Appear Pro Hac Vice
Fri 03/07 2:48 PM
ORDER granting7 Motion for Leave to Appear Pro Hac Vice. Having reviewed the Pro Hac Vice application7 submitted by Daniel J. Laydon for Deefndant and found it to be in compliance with the local rules concerning attorney admissions, the application is approved. If not already done, the attorney shall register for ECF which is available online at the NYED's homepage. Once registered, the attorney shall file a notice of appearance and ensure that they receive electronic notifications of activity in this case. The attorney shall ensure that the $200 admission fee is submitted or has been submitted to the Clerk's Office. So Ordered by Magistrate Judge Steven Tiscione on 3/7/2025. (LV) |
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| Thursday, March 06, 2025 | ||
| 5 | 5
misc
Corporate Disclosure Statement
Thu 03/06 12:34 PM
Corporate Disclosure Statement by Ironshore Specialty Insurance Company (Erdlen, Andrew) |
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| 4 | 4
misc
Corporate Disclosure Statement
Thu 03/06 12:32 PM
Corporate Disclosure Statement by Ironshore Specialty Insurance Company identifying Corporate Parent Liberty Mutual Group Inc., Corporate Parent LMHC Massachusetts Holdings Inc., Corporate Parent Liberty Mutual Holding Company Inc., Corporate Parent Ironshore Holdings (US) Inc., Corporate Parent Liberty Mutual Insurance Company for Ironshore Specialty Insurance Company. (Erdlen, Andrew) |
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| 3 | 3
misc
Clerks Notice of Rule 73
Thu 03/06 11:37 AM
Clerk's Notice Re: Consent. A United States Magistrate Judge has been assigned to this case and is available to conduct all proceedings. 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. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent.The form may also be accessed at the following link:[LINK:https://img.nyed.uscourts.gov/files/forms/MJConsentForm.pdf] (LJ) |
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| 2 | 2
misc
Quality Control Check - Attorney Case Opening
Thu 03/06 11:34 AM
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (LJ) |
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| 1 | 1
notice
Notice of Removal
Thu 03/06 11:09 AM
NOTICE OF REMOVAL by Ironshore Specialty Insurance Company from Supreme Court of the State of New York, County of Nassau, case number 602409/2025. Was the Disclosure Statement on Civil Cover Sheet completed -No ( Filing fee $ 405 receipt number CNYEDC-18826987) (Erdlen, Andrew) Modified on 3/6/2025 (LJ) |
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Att: 1
Civil Cover Sheet,
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Att: 2
Exhibit 1 - Summons and Verified Complaint,
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Att: 3
Exhibit 2 - Notice of Service of Process,
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Att: 4
Exhibit 3 - Docket in State Court Action,
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Att: 5
Exhibit 4 - Notice of Commencement of Action,
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Att: 6
Exhibit 5 - Obituary of Eleanor White of Delray Beach FL,
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Att: 7
Exhibit 6 - NYS Health Profile for White Oaks,
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Att: 8
Exhibit 7 - Results of Records Search
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utility
Case Assigned/Reassigned
Thu 03/06 11:37 AM
Case Assigned to Judge Nusrat J. Choudhury and Magistrate Judge Steven Tiscione. 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. (LJ) |
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