SEARCH

LeRoy United Methodist Church v. Brotherhood Mutual Ins. Co.

Counsel, Not Plaintiff, Found at Fault for Failure to Prosecute; Action's Dismissal Denied

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

DECISION AND ORDER I. INTRODUCTION This is a removed action in which Plaintiff LeRoy United Methodist Church alleges that Defendant Brotherhood Mutual Insurance Company breached an insurance contract by not providing indemnity coverage for damages allegedly sustained to the exterior bell tower of Plaintiff’s property during a May 2020 storm. Presently before this Court is Defendant’s motion to dismiss for failure to prosecute, pursuant to Rule 41 (b) of the Federal Rules of Civil Procedure. (Docket No. 15.) For the following reasons, Defendant’s motion will be denied. II. BACKGROUND A. Procedural History Plaintiff, who at all times has been represented by counsel, initiated this action in the New York State Supreme Court, County of Genesee, on March 16, 2022. (Notice of Removal, Docket No. 1, 2.) It served Defendant with a copy of the summons and complaint on July 5, 2022. (See id. at 3.) Defendant thereafter removed the action to federal court on August 3, 2022, on the basis of diversity jurisdiction. (See id. at

3-7.) Upon filing of the Notice of Removal and Defendant’s answer, this Court referred the matter to the assigned magistrate judge for oversight of all pretrial proceedings. (Docket No. 4.) The magistrate judge issued the initial case-management order on December 2, 2022, after the parties’ joint submission. (Docket Nos. 6, 10.) Plaintiff immediately began failing to comply with the case-management order. (Declaration of Marci Goldstein Kokalas, Esq. (“Kokalas Decl.”), Docket No. 15-1, 7.) It did not serve initial disclosures, nor did it respond to Defendant’s discovery demands. (See id.

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

From Data to Decisions

Dynamically explore and compare data on law firms, companies, individual lawyers, and industry trends.

Exclusive Depth and Reach.

Law.com Compass includes access to our exclusive industry reports, combining the unmatched expertise of our analyst team with ALM’s deep bench of proprietary information to provide insights that can’t be found anywhere else.

Big Pictures and Fine Details

Law.com Compass delivers you the full scope of information, from the rankings of the Am Law 200 and NLJ 500 to intricate details and comparisons of firms’ financials, staffing, clients, news and events.

British Legal Awards 2024

November 27, 2024
London

Celebrating achievement, excellence, and innovation in the legal profession in the UK.

Learn More

GlobeSt. Healthcare Real Estate 2024

December 02, 2024 - December 03, 2024
Scottsdale, AZ

Join the industry's top owners, investors, developers, brokers and financiers for the real estate healthcare event of the year!

Learn More

ThinkAdvisor LUMINARIES Awards 2024

December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.

Learn More

INTELLECTUAL PROPERTY PROSECUTION PARALEGAL

INTELLECTUAL PROPERTY PROSECUTION PARALEGAL - NEW JERSEY OR NEW YORK OFFICESProminent mid-Atlantic law firm with multiple regional office lo...

Apply Now ›

ATTORNEY - REMOTE - NEW YORK

Experienced Insurance Defense Attorney.No in office requirement.Send resume to:

Apply Now ›

Associate Justice- Appellate Division, Palau Supreme Court

The Republic of Palau Judiciary is seeking applicants for one Associate Justice position who will be assigned to the Appellate Division of ...

Apply Now ›