SDNY CM/ECF Version 5.1.

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ECF

U.S. District Court

Southern District of New York (Foley Square)
CIVIL DOCKET FOR CASE #: 1:15-cv-09452-NRB
Westchester Fire Insurance Company v. Infrastructure
Coalition LP
Assigned to: Judge Naomi Reice Buchwald
Cause: 28:1332 Diversity Action

Date Filed: 12/03/2015

Jury Demand: None
Nature of Suit: 190 Contract: Other
Jurisdiction: Diversity

Plaintiff
Westchester Fire Insurance Company

representedby Marc Richard Lepelstat

Chiesa Shahinian & Giantomasi PC
140 Broadway
46th Floor
NY, NY 10005
(212)-973-0572
Fax: (973)-530-2287
Email: mlepelstat@csglaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

V.
Defendant
Infrastructure Coalition LP

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Date Filed

Docket Text

12/03/2015

1 COMPLAINT against InfrastructuRe Coalition LP. (Filing Fee $ 400.00,

Receipt Number 1140146)Document filed by Westchester Fire Insurance
Company.(laq) (dgo). (Entered: 12/03/2015)

12/03/2015

Magistrate Judge Ronald L. Ellis is so designated. (laq) (Entered: 12/03/2015)

12/03/2015

Case Designated ECF. (laq) (Entered: 12/03/2015)

12/03/2015

2 CIVIL COVER SHEET filed. (laq) (dgo). (Entered: 12/03/2015)

12/03/2015

3 ORDER TO SHOW CAUSE. IT IS on this 3rd day of December, 2015,

Ordered, that defendant Infrastructure Coalition LP ("ICLP") shall show cause
as to why an order should not be entered pursuant to Rule 65(a) of the Federal
Rules of Civil Procedure granting Westchester a preliminary injunction directing

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ICLP to deposit collateral security with Westchester in the amount of

$4,200,000.00, and as further set forth in this Order to Show Cause. Show Cause
Hearing set for 12/17/2015 at 11:00 AM in Courtroom 21A, U.S. Courthouse,
500 Pearl Street, New York, NY 10007 before Judge Naomi Reice Buchwald.
Show Cause Response due by 12/11/2015. Replies due by 12/15/2015. (Signed
by Judge Naomi Reice Buchwald on 12/3/2015) (rjm) Modified on 12/3/2015
(rjm). (Entered: 12/03/2015)
12/03/2015

Set/Reset Deadlines: Replies due by 12/15/2015. (rjm) (Entered: 12/03/2015)

12/04/2015

4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate

Parent ACE Limited, Corporate Parent ACE USA INC. for Westchester Fire
Insurance Company. Document filed by Westchester Fire Insurance Company.
(Lepelstat, Marc) (Entered: 12/04/2015)

12/04/2015

5 MEMORANDUM OF LAW in Support re: 3 Order to Show Cause,,, .

Document filed by Westchester Fire Insurance Company. (Lepelstat, Marc)
(Entered: 12/04/2015)

12/04/2015

6 DECLARATION of Marc R. Lepelstat, Esq. in Support re: 3 Order to Show

Cause,,, 5 Memorandum of Law in Support. Document filed by Westchester Fire
Insurance Company. (Lepelstat, Marc) (Entered: 12/04/2015)

12/04/2015

7 REQUEST FOR ISSUANCE OF SUMMONS as to Infrastructure Coalition LP,

re: 1 Complaint. Document filed by Westchester Fire Insurance Company.
(Lepelstat, Marc) (Entered: 12/04/2015)

12/04/2015

8 CERTIFICATE OF SERVICE of Order to Show Cause, Supporting

Memorandum of Law, Declaration of Marc R. Lepelstat, Verified Complaint,
Rule 7.1 Disclosure, Civil Cover Sheet, ECF Rules & Instructions, and Judge
Buchwald's Individual Practices served on Infrastructure Coalition LP; Aquila
Infrastructure; and Dorena Hydro, LLC on December 3, 2015. Service was
made by Mail. Document filed by Westchester Fire Insurance Company.
(Lepelstat, Marc) (Entered: 12/04/2015)

12/07/2015

9 ELECTRONIC SUMMONS ISSUED as to Infrastructure Coalition LP. (moh)

(Entered: 12/07/2015)

12/08/2015

***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney Marc

Richard Lepelstat for noncompliance with Section 14.2 of the S.D.N.Y.
Electronic Case Filing Rules & Instructions. E-MAIL the PDF for
Document 2 Civil Cover Sheet, 1 Complaint to:
caseopenings@nysd.uscourts.gov. (laq) (Entered: 12/08/2015)

12/08/2015

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10 CERTIFICATE OF SERVICE. Infrastructure Coalition LP served on 12/8/2015,

answer due 12/29/2015. Service was made by MAIL. Document filed by
Westchester Fire Insurance Company. (Lepelstat, Marc) (Entered: 12/08/2015)

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12/10/2015

11 LETTER MOTION to Adjourn Conference addressed to Judge Naomi Reice

Buchwald from Marc R. Lepelstat, Esq. dated 12/10/15. Document filed by
Westchester Fire Insurance Company.(Lepelstat, Marc) (Entered: 12/10/2015)

12/11/2015

12 Revised Scheduling Order: IT IS on this 10th day of December 2015,

ORDERED, that defendant Infrastructure Coalition LP ("ICLP") show cause
before the United States District Court for the Southern District of New York
located at the United States Courthouse, 500 Pearl Street, New York, New York,
on the 25th day of January, 2016 at 11 o'clock a.m. before the Honorable Naomi
Reice Buchwald, U.S.D.J., in Court Room 21A, why an order should not be
entered pursuant to Rule 65(a) of the Federal Rules of Civil Procedure granting
Westchester a preliminary injunction directing ICLP to deposit collateral
security with Westchester in the amount of $4,200,000.00; and IT IS FURTHER
ORDERED, that if ICLP intends to file answering affidavits or a brief, it shall
serve copies of such affidavits or brief via ECF or by overnight mail upon
Chiesa Shahinian & Giantomasi PC, One Boland Drive, West Orange, New
Jersey 07052, attorneys for Westchester, along with two courtesy copies to
Chambers (2270), to insure receipt no later than five (5) business days before the
above hearing date; and IT IS FURTHER ORDERED, that if Westchester
intends to file a reply affidavits or a reply brief it shall file and serve copies of
such affidavits or reply brief via ECF or by overnight mail upon the defendant or
the attorneys for defendant, along with two courtesy copies to Chambers (2270),
to insure receipt no later than three (3) business days before the above hearing
date; and IT IS FURTHER ORDERED, that Westchester shall serve a true copy
of this Order upon ICLP to insure receipt no later than two (2) business days of
the receipt hereof. (Show Cause Hearing set for 1/25/2016 at 11:00 AM in
Courtroom 21A, 500 Pearl Street, New York, NY 10007 before Judge Naomi
Reice Buchwald.) (Signed by Judge Naomi Reice Buchwald on 12/10/2015)
(cdo) (Entered: 12/11/2015)

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