Geroy et al v. USAA General Indemnity Company
| Todd G Geroy, Sarah M Geroy, Sarah M. Geroy and Todd G. Geroy |
| USAA General Indemnity Company |
| 2:2018cv00717 |
| October 26, 2018 |
| US District Court for the Middle District of Florida |
| Sheri Polster Chappell |
| Carol Mirando |
| Nicholas P Mizell |
| Insurance |
| 42 U.S.C. § 4001 |
| None |
Docket Report
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| Filing 52 JUDGMENT (Signed by Deputy Clerk). (MLJ) |
Filing 51
ENDORSED ORDER. Before the Court is the parties' Stipulation of Dismissal with Prejudice (Doc. #50) filed on March 16, 2020. Federal Rule of Civil Procedure 41(a)(1)(A)(ii) allows a plaintiff to dismiss an action voluntarily if a stipulation of dismissal is signed by all parties who have appeared. The dismissal is effective upon filing and requires no further action by the Court. See Anago Franchising, Inc. v. Shaz, LLC, 677 F.3d 1272, 1278 (11th Cir. 2012). Here, the parties stipulate to dismissing this case with prejudice and with each side to bear its own attorney's fees and costs. Accordingly, this action is DISMISSED with prejudice, and the Clerk is DIRECTED to enter judgment, terminate all pending motions and deadlines, and close the file. Signed by Judge Sheri Polster Chappell on 3/17/2020. (KRH)
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| Filing 50 STIPULATION of Dismissal with prejudice by Sarah M. Geroy, Todd G. Geroy. (Harke, Lance) |
| Filing 49 NOTICE of settlement and Joint Status Report Concerning Mediation by USAA General Indemnity Company (Cole, Scott) |
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Filing 48
ENDORSED ORDER. Before the Court is the parties' Mediation Disposition Report (Doc. #47) filed on February 13, 2020. As the parties have completely settled this suit at mediation, the Court will administratively close the file and dismiss the case without prejudice. See M.D. Fla. R. 3.08(b). Accordingly, it is ORDERED this case is DISMISSED without prejudice subject to the right of any party, within thirty (30) days from the date of this Order, March 16, 2020, to submit a stipulated form of final judgment or request an extension of time to do so, or for any party to move to reopen the case upon a showing of good cause. See M.D. Fla. R. 3.08(b). Once the thirty-day period expires, this dismissal shall be deemed with prejudice without further order. The Clerk is DIRECTED to terminate any scheduled deadlines and pending motions, and administratively close the case. Signed by Judge Sheri Polster Chappell on 2/13/2020. (KRH)
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| Filing 47 MEDIATION report Hearing held on 2/6/20. Hearing outcome: Settled.. (Newman, Brenda) |
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Filing 46
ENDORSED ORDER. This matter comes before the Court on sua sponte review of the file. On February 6, 2020, the parties attended mediation. (Doc. #45). But they have not told the Court the outcome of mediation within five (5) days of its conclusion. (Doc. #32 at 14). Accordingly, the Court ORDERS the parties to jointly tell it, in writing, about the status of mediation on or before February 13, 2020. Signed by Judge Sheri Polster Chappell on 2/12/2020. (KRH)
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| Filing 45 NOTICE of mediation conference/hearing to be held on 2/6/2020 11:00 a.m. before Brenda Newman. (Newman, Brenda) |
| Filing 44 SUMMARY JUDGMENT NOTICE re #43 MOTION for summary judgment. (MLJ) |
| Filing 43 MOTION for summary judgment by USAA General Indemnity Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Cole, Scott) |
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Filing 42
ORDERED: The parties are ORDERED to complete mediation on or before February 17, 2020. Signed by Judge Sheri Polster Chappell on 2/3/2020. (AEH)
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| Filing 41 NOTICE of pendency of related cases re #4 Related case order and Track 2 notice per Local Rule 1.04(d) by USAA General Indemnity Company. Related case(s): yes (Cole, Scott) |
| Filing 40 Joint STATUS report Concerning Mediation and Settlement by USAA General Indemnity Company. (Cole, Scott) |
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Filing 39
ENDORSED ORDER. This matter comes before the Court on sua sponte review of the file. The parties' mediation deadline was January 22, 2020. (Doc. #32). But they have not told the Court the outcome of mediation within five (5) days of the deadline. (Doc. #32 at 14). Accordingly, the Court ORDERS the parties to jointly tell it, in writing, about the status of mediation on or before January 30, 2020. Signed by Judge Sheri Polster Chappell on 1/28/2020. (KRH)
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Filing 38
ENDORSED ORDER granting #37 Unopposed Motion to Withdraw as Counsel for Plaintiffs. Attorney Tammi A. Calarco seeks leave to withdraw. Attorney Tammi A. Calarco shall have no further responsibility in this action. The Clerk of Court is directed to remove Tammi A. Calarco from receiving electronic notification. Signed by Magistrate Judge Nicholas P. Mizell on 12/3/2019. (brh)
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| Filing 37 Unopposed MOTION for Tammi A. Calarco to withdraw as attorney by Sarah M. Geroy, Todd G. Geroy. (Attachments: #1 Text of Proposed Order)(Calarco, Tammi) Motions referred to Magistrate Judge Nicholas P. Mizell. |
| Filing 36 Case Reassigned to Magistrate Judge Nicholas P. Mizell. New case number: 2:18-cv-717-FtM-38NPM. Magistrate Judge Unassigned Magistrate no longer assigned to the case. (SPB) |
| ***PRO HAC VICE FEES paid by attorney Seth Schmeeckle, appearing on behalf of USAA General Indemnity Company (Filing fee $150 receipt number FT013820.) Related document: #34 Unopposed MOTION for Seth Schmeeckle to appear pro hac vice. (SPB) |
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Filing 35
ORDER granting #34 the Unopposed Motion to Appear Pro Hac Vice of Seth Schmeeckle, Written Designation and Consent-to-Act. Signed by Magistrate Judge Douglas N. Frazier on 6/14/2019. (HAP)
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| Filing 34 Unopposed MOTION for Seth Schmeeckle to appear pro hac vice by USAA General Indemnity Company. (Cole, Scott) Motions referred to Magistrate Judge Unassigned Magistrate. |
| Filing 33 Joint NOTICE of selection of Kimberly Sands as mediator by Sarah M. Geroy, Todd G. Geroy.(Harke, Lance) Modified on 4/3/2019 as to docket text(MLS). |
| ***PRO HAC VICE FEES paid by attorney Tina Kappen, appearing on behalf of USAA General Indemnity Company (Filing fee $150 receipt number FtM013565.). (MLS) |
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Filing 32
CASE MANAGEMENT AND SCHEDULING ORDER: Discovery due by 1/8/2020, Dispositive motions due by 2/4/2020, Pretrial statement due by 5/8/2020, All other motions due by 5/8/2020, Final Pretrial Conference set for 5/22/2020 at 09:30 AM in Ft. Myers Courtroom 5 D before Judge Sheri Polster Chappell, Bench Trial set for 6/1/2020 in Ft. Myers Courtroom 5 D before Judge Sheri Polster Chappell., Conduct mediation hearing by 1/22/2020. Lead counsel to coordinate dates. Signed by Judge Sheri Polster Chappell on 3/22/2019. (HAP)
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| Filing 30 Minute Entry. Proceedings held before Magistrate Judge Douglas N. Frazier: PRELIMINARY PRETRIAL CONFERENCE held on 3/21/2019. (Digital) (WRW) |
| Filing 29 NOTICE re 27 Order on Motion to Appear Telephonically. **This notice is to correct the log in information for the telephonic hearing** ALL parties must appear telephonically on March 21, 2019 at 2:30 PM. The toll free teleconference number is 1-888-273-3658. The access code is 8335587. You will then be prompted to enter a participant security code: 18717. ALL parties are to appear by landline and not a cellular phone. (WRW) |
| Filing 28 CASE MANAGEMENT REPORT. (Cole, Scott) |
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Filing 27
ENDORSED ORDER granting #26 the Joint Motion for Leave to Appear Telephonically at Preliminary Pretrial Conference. ALL parties must appear telephonically on March 21, 2019 at 2:30 PM. The toll free teleconference number is 1-888-684-8852. The access code is 1982804. You will then be prompted to enter a participant security code: 18717. ALL parties are to appear by landline and not a cellular phone. Signed by Magistrate Judge Douglas N. Frazier on 3/19/2019. (APH)
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| Filing 26 Joint MOTION to Appear Telephonically at Preliminary Pretrial Conference by Sarah M. Geroy, Todd G. Geroy. (Harke, Lance) Motions referred to Magistrate Judge Unassigned Magistrate. |
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Filing 25
ORDER granting #24 the Unopposed Amended Motion to Appear Pro Hac Vice of Tina Kappen, Written Designation and Consent-to-Act. Attorney Tina Kappen may appear pro hac vice on behalf of Defendant. Signed by Magistrate Judge Douglas N. Frazier on 3/19/2019. (APH)
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| Filing 24 Unopposed MOTION for Tina Kappen to appear pro hac vice by USAA General Indemnity Company. (Cole, Scott) Motions referred to Magistrate Judge Unassigned Magistrate. |
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Filing 23
ORDER directing the parties to show cause as to why they have not filed a case management report. Show cause response due 3/19/2019. Alternatively, the parties may file a case management report by this date. Signed by Magistrate Judge Douglas N. Frazier on 3/18/2019. (APH)
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Filing 22
ORDER denying without prejudice for failure to comply with Local Rule 3.01(g) #21 the Motion to Appear Pro Hac Vice of Tina Kappen, Written Designation and Consent-to-Act. Signed by Magistrate Judge Douglas N. Frazier on 3/18/2019. (APH)
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| Filing 21 MOTION for Tina Kappen to appear pro hac vice by USAA General Indemnity Company. (Cole, Scott) Motions referred to Magistrate Judge Unassigned Magistrate. |
| Filing 20 CERTIFICATE of interested persons and corporate disclosure statement re #19 Interested persons order by USAA General Indemnity Company identifying Corporate Parent USAA General Indemnity Company for USAA General Indemnity Company.. (Cole, Scott) |
| Filing 19 INTERESTED PERSONS ORDER Certificate of interested persons and corporate disclosure statement due by 3/5/2019 as to defendant(s). Signed by All Divisional Judges on 2/19/2019. (MLS) |
| Filing 18 Defendant's Original ANSWER and affirmative defenses to #1 Complaint by USAA General Indemnity Company.(Cole, Scott) |
| Filing 17 Case Reassigned to Unassigned Magistrate. Judge New case number: 2:18-cv-717-FtM-38UAM. Magistrate Judge Carol Mirando no longer assigned to the case. (laf) |
| Filing 16 NOTICE of hearing: Preliminary Pretrial Conference set for 3/21/2019 at 02:30 PM in Ft. Myers Courtroom 6 B before Magistrate Judge Douglas N. Frazier. (WRW) |
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Filing 15
ENDORSED ORDER granting #14 Defendant's Unopposed Motion for Extension of Time for USAA General Indemnity Company to File Response to Complaint. For good cause shown and because the motion is unopposed, Defendant shall have up to and including February 18, 2019 to respond to the Complaint. Signed by Magistrate Judge Douglas N. Frazier on 1/28/2019. (APH)
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| Filing 14 Unopposed MOTION for Extension of Time to File Response/Reply as to #1 Complaint by USAA General Indemnity Company. (Attachments: #1 Text of Proposed Order)(Cole, Scott) Motions referred to Magistrate Judge Carol Mirando. |
| Filing 13 CERTIFICATE of compliance re #11 Order to comply with electronic filing by Sarah M. Geroy, Todd G. Geroy. (Calarco, Tammi) |
| Filing 12 NOTICE of compliance re #10 Notice to counsel of Local Rule by Sarah M. Geroy, Todd G. Geroy (Calarco, Tammi) |
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Filing 11
ORDER for Tammi A. Calarco to comply with the administrative procedures regarding electronic filing. Signed by All Divisional Judges on 1/8/2019. (SPB)
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| Filing 10 NOTICE to counsel of Local Rule 2.01, as to Tammi A. Calarco (signed by deputy clerk). (SPB) |
| Filing 9 SUMMONS issued as to USAA General Indemnity Company. (MLS) |
| Filing 8 PROPOSED summons to be issued by Sarah M. Geroy, Todd G. Geroy. (Harke, Lance) |
| Filing 7 CERTIFICATE of interested persons and corporate disclosure statement re #5 Interested persons order by Sarah M. Geroy, Todd G. Geroy. (Harke, Lance) |
| Filing 6 NOTICE of pendency of related cases re #4 Related case order and Track 2 notice per Local Rule 1.04(d) by Sarah M. Geroy, Todd G. Geroy. Related case(s): no (Harke, Lance) Modified on 11/26/2018 as to docket text (MLS). |
| Filing 5 INTERESTED PERSONS ORDER Certificate of interested persons and corporate disclosure statement due by 11/21/2018. Signed by All Divisional Judges on 11/7/2018. (WRW) |
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Filing 4
RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Notice of pendency of other actions due by 11/21/2018. Signed by Judge Sheri Polster Chappell on 11/7/2018. (WRW)
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| Filing 3 STANDING ORDER: Filing of documents that exceed twenty-five pages. Signed by All Divisional Judges on 10/29/2018. (MLS) |
| Filing 2 NEW CASE ASSIGNED to Judge Sheri Polster Chappell and Magistrate Judge Carol Mirando. New case number: 2:18-cv-717-FtM-38CM. (NAS) |
| Filing 1 COMPLAINT against USAA General Indemnity Company (Filing fee $ 400 receipt number 113A-14761419) filed by Todd G Geroy, Sarah M Geroy. (Attachments: #1 Exhibit 1 - Policy Declaration, #2 Civil Cover Sheet)(Harke, Lance) |
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