Signature Cleaning Services, Inc. v. Federal Insurance Company et al

Filing 59

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 Second Amended Complaint, a copy of which i s 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 Second Amended Complaint is filed. IT IS FURTHER ORDERED that the Second Amended Complaint is deemed filed as of the date this Order is transmitted via the CM/ECF system. IT IS SO ORDERED. (Signed by Magistrate Judge Ona T. Wang on 11/18/2022) (jca)

WESTERMAN BALL EDERER MILLER
ZUCKER & SHARFSTEIN, LLP
Andrews S. Lewner, Esq.
1201 RXR Plaza
Uniondale, New York 11566
[phone]
[e-mail]
Attorneys for Plaintiff Signature Cleaning Services, Inc.

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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SIGNATURE CLEANING SERVICES, INC.,
Plaintiff,

(OTW)
Case No.: 1:22-cv-3122 (JMF)

-againstCINCINNATI INSURANCE COMPANY,

STIPULATION AND ORDER
ALLOWING PLAINTIFF TO FILE
SECOND AMENDED COMPLAINT

Defendant.
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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 Second Amended Complaint which adds a claim
for breach of duty of utmost good faith and fair dealing and seeks a demand for consequential
damages.
WHEREAS a copy of Plaintiff’s proposed Second Amended Complaint is attached
hereto as Exhibit “A.”

IT IS HEREBY STIPULATED, by and between Plaintiff and defendant Cincinnati
Insurance Company (“Remaining Defendant”), by and through their respective counsel, that:

1.

Plaintiff should be granted leave to amend to file its Second Amended Complaint,

a copy of which is attached hereto as Exhibit “A.”
2.

Defendant’s responsive pleading shall be due thirty (30) days after the Second

Amended Complaint is filed.

Dated: November 17, 2022

WESTERMAN BALL EDERER
MILLER ZUCKER & SHARFSTEIN, LLP
By: ___________________________
Andrews S. Lewner, Esq.
Attorneys for Plaintiff
Signature Cleaning Services, Inc.

Dated: November 17, 2022

WARD LAW, LLC
By: ___________________________
Mark Stephenson, Esq.
Attorneys for Defendant
Cincinnati Insurance Company

02613442

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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 Second 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 Second Amended Complaint is filed.
IT IS FURTHER ORDERED that the Second Amended Complaint is deemed filed as
of the date this Order is transmitted via the CM/ECF system.

IT IS SO ORDERED

November 18, 2022
Dated: ______________________

____________________________
United States District Judge
Ona T. Wang
United States Magistrate Judge

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