Opinion
1:22-cv-3122 (JMF)
07-18-2022
SIGNATURE CLEANING SERVICES, INC. Plaintiff, v. CINCINNATI INSURANCE COMPANY, Defendant.
WESTERMAN BALL EDERER MILLER ZUCKER & SHARFSTEIN, LLP Andrews S. Lewner, Esq. Attorneys for Plaintiff BAILEY CAVALIERI Mark C. Stephenson, Esq. Attorneys for Defendant Cincinnati Insurance Company
WESTERMAN BALL EDERER MILLER ZUCKER & SHARFSTEIN, LLP
Andrews S. Lewner, Esq. Attorneys for Plaintiff
BAILEY CAVALIERI
Mark C. Stephenson, Esq. Attorneys for Defendant Cincinnati Insurance Company
STIPULATION AND ORDER ALLOWING PLAINTIFF TO FILE FIRST AMENDED COMPLAINT
WHEREAS on March 2, 2022, Plaintiff, Signature Cleaning Services, Inc. (“Plaintiff”) filed its Complaint in this action against Federal Insurance Company, The Cincinnati Insurance Company and The Hanover Insurance Company (“Defendants”) in the Supreme Court of the State of New York, County of New York.
WHEREAS on April 15, 2022, Federal Insurance Company filed a Notice of Removal to remove this action to the United State District Court for the Southern District of New York.
WHEREAS Plaintiff has voluntarily dismissed without prejudice the claim asserted against Federal Insurance Company and The Hanover Insurance Company.
WHEREAS Plaintiff seeks to file its First Amended Complaint which removes the causes of action previously asserted against Federal Insurance Company and Hanover Insurance Company and which seeks to supplement Plaintiff's allegations, but which does not add new causes of action.
WHEREAS a copy of Plaintiff's proposed First A as Exhibit “A.”
IT IS HEREBY STIPULATED, by and betwe
Insurance Company (“Remaining Defendant”), by and thro
1. Plaintiff should be granted leave to amend copy of which is attached hereto as Exhibit “A.”
2. Defendant's responsive pleading shall be Amended Complaint is filed.
ORDER
The Court having reviewed the foregoing Stipulation, and good cause appearing therefore:
IT IS HEREBY ORDERED that Plaintiff, Signature Cleaning Services, Inc. is granted leave to amend to file its First Amended Complaint, a copy of which is attached hereto as Exhibit “A”.
IT IS ALSO ORDERED that Defendant Cincinnati Insurance Company's responsive pleadings shall be due thirty (30) days after the First Amended Complaint is filed.
IT IS FURTHER ORDERED that the First Amended Complaint is deemed filed as of the date this Order is transmitted via the CM/ECF system.
IT IS SO ORDERED.
Plaintiff is directed to file its First Amended Complaint as a standalone document on ECF, with the exhibits filed as attachments.