The U.S. District Court for the Western District of Pennsylvania reported the following activity in the suit brought by
Insulation Coatings & Consultants, LLC against
Liberty Mutual Insurance Company on Feb. 2: 'Text Order On October 31, 2018, Plaintiff Insulation Coatings & Consultants Llc ("icc") Sued Defendant Liberty Mutual Ins. Co. In New York State Court Claiming That Liberty Mutual Failed To Pay It $1,059,386 Under A Labor And Materials Bond And A Performance Bond Procured By Lpciminelli, Inc. (notice Of Removal, Docket No. 1, Para. 2, 3.) Icc Brought Its Claim Against Liberty Mutual After Lpciminelli, A General Contractor, Failed To Pay Icc For Work It Performed In Connection With The State University Of New York At Buffalo School Of Medicine & Biomedical Sciences Building Project. (notice Of Removal, Para. 4.)while The State-court Action Was Pending, Icc Filed A Voluntary Petition For Relief Under Chapter 11 Of The United States Bankruptcy Code On August 9, 2022, In The United States Bankruptcy Court For The Western District Of Pennsylvania (erie Division). (notice Of Removal, Para. 1.) Thereafter, Icc Removed The State-court Action To Federal Court Under 28 U.s.c. 1452 (removal Of Claims Related To Bankruptcy Cases) On The Basis That The State-court Action Contained Claims Over Which This Court Has Jurisdiction Under 28 U.s.c. 1334 (bankruptcy Cases And Proceedings). (notice Of Removal, Para. 8, 9.) Contemporaneous With Removal, Icc Also Moved To Transfer Venue From This Court To The United States District Court For The Western District Of Pennsylvania (erie Division) For Subsequent Referral To The Bankruptcy Court There Under The Western District Of Pennsylvania's October 16, 1984 Standing Order, Which Would Allow For Consolidation Of The Claims Into The Pending Bankruptcy Action. (docket No. 3.)liberty Mutual Has Not Appeared In This Action To Contest Either Removal Or Icc's Motion To Transfer Venue, Despite Having Been Properly Served. (docket No. 4.) Having Reviewed The Totality Of These Proceedings And Icc's Motion To Transfer, This Court Finds That Transfer Of Venue To The United States District Court For The Western District Of Pennsylvania (erie Division) Is Warranted Under 28 U.s.c. 1404 (change Of Venue) And 28 U.s.c. 1412 (change Of Venue). This Action Is Plainly Related To Icc's Pending Chapter 11 Bankruptcy Proceeding. Transfer And Subsequent Consolidation Thus Serves The Interests Of Justice And Judicial Economy, As Well As The Convenience Of The Parties. Icc's Unopposed Motion To Transfer Will Therefore Be Granted. It Hereby Is Ordered, That Plaintiff's Unopposed 3 Motion To Transfer Venue Is Granted.further, That The Clerk Of Court Is Directed To Transfer This Case To The United States District Court For The Western District Of Pennsylvania (erie Division).further, That Upon Completion Of The Transfer, The Clerk Of Court Is Directed To Close This Case. So Ordered.issued By William M. Skretny, United States District Judge On 2/2/2023. (jcm)clerk To Follow Up (entered: 02/02/2023)'.
Case number 1:23-cv-00023-SPB was filed in the U.S. District Court for the Western District of Pennsylvania on Feb. 3.
