Try our Advanced Search for more refined results
Searching dockets in Hines Gilsenan x
Alert me of new activity
All Case Activity Alerts Include: Answers, Appeals, Complaints, Motions, Orders, Trial Notes
Insurance | South Carolina
Order on Motion to Transfer Case Order on Motion to Dismiss for Failure to State a Claim Order on Motion for Protective Order Order on Motion for Extension of Time to File Response/Reply
ORDER it is hereby ORDERED as follows: 1. Chubb's Motion to Transfer Venue (DE 4 ) is DENIED WITHOUT PREJUDICE. The 2024 and 2025 Policies do not designate the Southern District of New York as a contractually selected forum, and the ordinary factors under 28 U.S.C. § 1404(a) do not support transfer of the action there. This denial is without prejudice to any properly presented forum non conveniens or other enforcement theory. 2. Chubb's Motion to Dismiss (DE [5)] is GRANTED IN PART AND DENIED IN PART. a. The Motion is DENIED to the extent it seeks dismissal of claims arising under the 2023 Policy. b. Count Three is DISMISSED WITH PREJUDICE insofar as it asserts an independent South Carolina tort claim arising under the 2024 and 2025 Policies. To the extent Count Three may be construed as asserting a New York contractual claim for breach of the implied covenant of good faith and fair dealing, that claim is dismissed as duplicative of Count Two. This ruling does not foreclose Maxwood from seeking through Count Two, subject to the pleadings and proof, consequential damages otherwise recoverable under New York contract law. Nor does it preclude Maxwood from seeking leave under Rule 15, if otherwise appropriate, to plead a nonduplicative New York contractual claim based on materially distinct conduct and damages. c. Count Four is DISMISSED WITH PREJUDICE under its pleaded South Carolina statutory theory insofar as it arises under the 2024 and 2025 Policies. The Court does not decide whether attorney's fees or fee-related damages may be available under a contract, procedural rule, sanctioning authority, or another applicable source of law. d. Counts Three and Four remain pending under their pleaded South Carolina theories only insofar as they arise under the 2023 Policy. 3. Chubb's Motion for Protective Order and Stay of Discovery (DE 10 ) is GRANTED IN PART AND DENIED IN PART. The Court accepts Maxwood's withdrawal without prejudice of its December 23, 2025, interrogatories and requests for production, and Chubb need not respond to them. Maxwood's request for pre-conference forum discovery is denied. Chubb's request for a continuing stay is denied as moot. Each party shall bear its own expenses associated with the Motion. 4. The parties shall conduct the conference required by Rule 26(f), Fed. R. Civ. P., within fourteen (14) days after entry of this Order and shall thereafter proceed in accordance with the Federal Rules of Civil Procedure and the Court's scheduling procedures. 5. Maxwood's Second Motion for Enlargement of Time (DE 11 ) is DENIED AS MOOT. IT IS SO ORDERED. Signed by the Honorable Joseph Dawson, III on 8/3/2026. (lgib, )
1. Chubb's Motion to Transfer Venue (DE 4 ) is DENIED WITHOUT PREJUDICE. The 2024 and 2025 Policies do not designate the Southern District of New York as a contractually selected forum, and the ordinary factors under 28 U.S.C. § 1404(a) do not support transfer of the action there. This denial is without prejudice to any properly presented forum non conveniens or other enforcement theory.
2. Chubb's Motion to Dismiss (DE [5)] is GRANTED IN PART AND DENIED IN PART.
a. The Motion is DENIED to the extent it seeks dismissal of claims arising under the 2023 Policy. b. Count Three is DISMISSED WITH PREJUDICE insofar as it asserts an independent South Carolina tort claim arising under the 2024 and 2025 Policies. To the extent Count Three may be construed as asserting a New York contractual claim for breach of the implied covenant of good faith and fair dealing, that claim is dismissed as duplicative of Count Two. This ruling does not foreclose Maxwood from seeking through Count Two, subject to the pleadings and proof, consequential damages otherwise recoverable under New York contract law. Nor does it preclude Maxwood from seeking leave under Rule 15, if otherwise appropriate, to plead a nonduplicative New York contractual claim based on materially distinct conduct and damages. c. Count Four is DISMISSED WITH PREJUDICE under its pleaded South Carolina statutory theory insofar as it arises under the 2024 and 2025 Policies. The Court does not decide whether attorney's fees or fee-related damages may be available under a contract, procedural rule, sanctioning authority, or another applicable source of law. d. Counts Three and Four remain pending under their pleaded South Carolina theories only insofar as they arise under the 2023 Policy.
b. Count Three is DISMISSED WITH PREJUDICE insofar as it asserts an independent South Carolina tort claim arising under the 2024 and 2025 Policies. To the extent Count Three may be construed as asserting a New York contractual claim for breach of the implied covenant of good faith and fair dealing, that claim is dismissed as duplicative of Count Two. This ruling does not foreclose Maxwood from seeking through Count Two, subject to the pleadings and proof, consequential damages otherwise recoverable under New York contract law. Nor does it preclude Maxwood from seeking leave under Rule 15, if otherwise appropriate, to plead a nonduplicative New York contractual claim based on materially distinct conduct and damages.
c. Count Four is DISMISSED WITH PREJUDICE under its pleaded South Carolina statutory theory insofar as it arises under the 2024 and 2025 Policies. The Court does not decide whether attorney's fees or fee-related damages may be available under a contract, procedural rule, sanctioning authority, or another applicable source of law. d. Counts Three and Four remain pending under their pleaded South Carolina theories only insofar as they arise under the 2023 Policy.
4. The parties shall conduct the conference required by Rule 26(f), Fed. R. Civ. P., within fourteen (14) days after entry of this Order and shall thereafter proceed in accordance with the Federal Rules of Civil Procedure and the Court's scheduling procedures.
5. Maxwood's Second Motion for Enlargement of Time (DE 11 ) is DENIED AS MOOT.
IT IS SO ORDERED.
Signed by the Honorable Joseph Dawson, III on 8/3/2026. (lgib, )
Personal Property: Other | South Carolina
Withdrawal of Motions
Withdrawal of Motions: 6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction MOTION to Strike 1 Complaint, filed by Kyveli Oceanway LTD, MSC Shipmanagement LTD, MSC Mediterranean Shipping Company SA.. (Hines, Julius)
In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.
TRY LAW360 FREE FOR SEVEN DAYS
Already a subscriber? Click here to login
Email (NOTE: Free email domains not supported)
First Name
Last Name
Job Title
Phone
PLEASE NOTE: A verification email will be sent to your address before you can access your trial.
Password (at least 8 characters required)
Confirm Password
Law360 UK may contact you in your professional capacity with information about our other products, services and events that we believe may be of interest.You’ll be able to update your communication preferences via the unsubscribe link provided within our communications.We take your privacy seriously. Please see our Privacy Policy.