Progressive Express Insurance Company v. Joseph Ubele
| PROGRESSIVE EXPRESS INSURANCE COMPANY |
| JOSEPH REED UBELE |
| 26-10175 |
| January 16, 2026 |
| U.S. Court of Appeals, Eleventh Circuit |
| Insurance |
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Filing 25
ORDER: Progressive Express Insurance Company (Progressive) filed a complaint for declaratory relief against Joseph Ubele, Enrique Urdaneta, and Minato, LLC (Minato). After the defendants failed to answer the complaint, the district court entered a final default judgment against them. Ubele moved to vacate the default judgment, but the district court denied his motion. Ubele now appeals . . . Thus, because all the parties citizenships cannot be definitively determined based on the record or the parties responses to the JQ, we DENY without prejudice Progressives motion for leave to amend the complaint and REMAND this appeal to the district court for the limited purpose of determining whether diversity jurisdiction existed . . . If the district court determines that the parties were completely diverse, then it should enter an order to that effect and return the record, as supplemented, to this Court for further proceedings. If the district court determines that complete diversity did not exist, then it should vacate its rulings and dismiss the action without prejudice for lack of subject matter jurisdiction. [ # 19 ] RSR and EJK (See attached order for complete text) [Entered: 07/06/2026 11:24 AM]
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Filing 24
ORDER: The motion to stay the appeal is GRANTED. This appeal is stayed until a decision is issued on the jurisdictional question pending in this appeal. Appellants brief is due twenty (20) days from a decision on this jurisdictional question, with the appendix due seven (7) days after the filing of the brief. [ # 20 ] KCN (See attached order for complete text) [Entered: 04/02/2026 08:47 AM]
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| Filing 23 RESPONSE to Motion filed by Appellant Joseph Reed Ubele [ # 20 ] filed by Attorney Mayda Z. Mallory for Appellee Progressive Express Insurance Company. [26-10175] (ECF: Mayda Mallory) [Entered: 03/27/2026 01:01 PM] |
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Filing 22
ORDER: The motion for an extension of time to and including April 16, 2026, to file Appellants initial brief is GRANTED, with the appendix due 7 days after the filing of the brief. [ # 21 ] KCN (See attached order for complete text) [Entered: 03/19/2026 09:20 AM]
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| Filing 21 MOTION for extension of time to file appellant's brief to 04/16/2026 filed by Joseph Reed Ubele. Motion is Unopposed. [21] [26-10175] (ECF: Benjamin Mordes) [Entered: 03/18/2026 02:42 PM] |
| Filing 20 MOTION to stay the briefing schedule filed by Joseph Reed Ubele. Motion is Opposed. [20] [26-10175] (ECF: Benjamin Mordes) [Entered: 03/17/2026 11:55 AM] |
| Filing 19 Response to Jurisdictional Question with incorporated motion Amend Complaint Allegations to Correct Deficient Allegations of Citizenship filed by Appellee Progressive Express Insurance Company. [26-10175] (ECF: Mayda Mallory) [Entered: 02/27/2026 05:14 PM] |
| Filing 18 Response to Jurisdictional Question filed by Appellant Joseph Reed Ubele [26-10175] (ECF: Benjamin Mordes) [Entered: 02/27/2026 05:00 PM] |
| Filing 17 Notice to Counsel of Record. Counsel of Record must be logged in to CM/ECF and Pacer to access this document. This is the only notice you will receive regarding this matter. Please print a copy for your file. [Entered: 02/24/2026 10:13 AM] |
| Filing 16 Over the phone extension granted by clerk as to Attorney Benjamin Mordes for Appellant Joseph Reed Ubele. Appellants brief due on 03/27/2026 as to Appellant Joseph Reed Ubele. Appendix due on 04/03/2026 as to Appellant Joseph Reed Ubele. Any request for a second or subsequent extension of time shall be subject to 11th Cir. R. 31-2(d). [Entered: 02/23/2026 12:59 PM] |
| Filing 15 Certificate of Interested Persons and Corporate Disclosure Statement filed by Attorney Mayda Z. Mallory for Appellee Progressive Express Insurance Company. On the same day the CIP is served, any filer represented by counsel must also complete the court's web-based stock ticker symbol certificate at the link here http://www.ca11.uscourts.gov/web-based-cip or on the court's website. See 11th Cir. R. 26.1-1(b). [26-10175] (ECF: Mayda Mallory) [Entered: 02/19/2026 01:35 PM] |
| Filing 14 APPEARANCE of Counsel Form filed by Benjamin Mordes for Joseph Reed Ubele. Related cases? No. [26-10175] (ECF: Benjamin Mordes) [Entered: 02/18/2026 02:16 PM] |
| Filing 13 Notice of deficient Appearance of Counsel filed by Benjamin Mordes for Joseph Reed Ubele. The required Appearanc of Counsel has not been received. Counsel must promptly file an Appearance of Counsel form. [Entered: 02/18/2026 01:38 PM] |
| Filing 12 Civil Appeal Statement filed by Attorney Benjamin Mordes for Appellant Joseph Reed Ubele. Related cases? No. [26-10175] (ECF: Benjamin Mordes) [Entered: 02/18/2026 11:47 AM] |
| Filing 11 Certificate of Interested Persons and Corporate Disclosure Statement filed by. On the same day the CIP is served, any filer represented by counsel must also complete the court's web-based stock ticker symbol certificate at the link here http://www.ca11.uscourts.gov/web-based-cip or on the court's website. See 11th Cir. R. 26.1-1(b). [26-10175] (ECF: Benjamin Mordes) [Entered: 02/18/2026 11:46 AM] |
| Filing 10 JURISDICTIONAL QUESTION issued as to Joseph Reed Ubele. [Entered: 02/13/2026 11:23 AM] |
| Filing 6 Peter Joseph Brito, Benjamin Mordes, and Wilson Taylor Symons for Appellant Joseph Reed Ubele are notified that, pursuant to 11th Cir. R. 42-1(b), this appeal will be dismissed without further notice upon the expiration of 14 days from the date of this notice unless the appellant files a Civil Appeal Statement. [Entered: 02/10/2026 07:45 AM] |
| Filing 5 NOTICE OF CERTIFICATE OF INTERESTED PERSONS (CIP) DEFICIENCY issued to Peter Joseph Brito, Benjamin Mordes, and Wilson Taylor Symons for Joseph Reed Ubele. You have failed to file the CIP and failed to complete the Web-Based CIP on the Court's website. If you are an appellant or petitioner, pursuant to 11th Cir. Rules 26.1-5(c) and 42-1(b), this appeal will be dismissed without further notice upon the expiration of 14 days from the date of this notice unless you remedy the default(s). If you are an appellee or respondent, pursuant to 11th Cir. R. 26.1-5(c), no action may be taken on your filings until you comply with the CIP rules. [Entered: 02/10/2026 07:44 AM] |
| Filing 9 Returned Mail was received for Attorney Mayda Z. Mallory for Appellee Progressive Express Insurance Company. IN RE: Civil docketing notice. [Entered: 02/11/2026 10:26 AM] |
| Filing 8 Returned Mail was received for Attorney Mayda Z. Mallory for Appellee Progressive Express Insurance Company. IN RE: 01/22/2026 Briefing Notice. [Entered: 02/11/2026 08:35 AM] |
| Filing 7 Returned Mail was received for Attorney Mayda Z. Mallory for Appellee Progressive Express Insurance Company. IN RE: January 22, 2026 Briefing Notice. [Entered: 02/10/2026 04:38 PM] |
| Filing 4 APPEARANCE of Counsel Form filed by Yvette R. Lavelle for Progressive Express Insurance Company Related cases? No. [26-10175] (ECF: Yvette Lavelle) [Entered: 02/03/2026 03:02 PM] |
| Filing 3 APPEARANCE of Counsel Form filed by Mayda Z. Mallory for Progressive Express Insurance Company. Related cases? No. [26-10175] (ECF: Mayda Mallory) [Entered: 02/03/2026 12:34 PM] |
| Filing 2 Briefing Notice issued to Appellant Joseph Reed Ubele. The appellant's brief is due on or before 02/25/2026. The appendix is due no later than 7 days from the filing of the appellant's brief. [Entered: 01/22/2026 11:23 AM] |
| Filing 1 CIVIL APPEAL DOCKETED. Notice of appeal filed by Appellant Joseph Reed Ubele on 01/16/2026. Fee Status: Fee Paid. See attached docketing notice for important information, including deadlines. [Entered: 01/22/2026 10:43 AM] |
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