4720 SE 15th Avenue LLC. v. AFCO Credit Corporation et al
| 4720 SE 15th Avenue LLC. |
| Scottsdale Insurance Company, AFCO Credit Corporation and Prime Rate Premium Finance Corporation, Inc. |
| 2:2019cv00278 |
| April 26, 2019 |
| US District Court for the Middle District of Florida |
| Insurance |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 23, 2019. A more recent docket listing may be available from PACER.
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Filing 46
CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 7/11/2019, Discovery due by 7/1/2020, Dispositive motions due by 8/4/2020, All other motions due by 11/6/2020, Final Pretrial Conference set for 11/20/2020 at 09:30 AM in Ft. Myers Courtroom 5 D before Judge Sheri Polster Chappell. Case set for trial term beginning December 1, 2020. Signed by Magistrate Judge Douglas N. Frazier on 6/28/2019. (CAS)
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| Filing 44 Minute Entry. Proceedings held before Magistrate Judge Douglas N. Frazier: PRELIMINARY PRETRIAL CONFERENCE held on 6/27/2019. (Digital) (MLJ) |
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Filing 43
ENDORSED ORDER granting #42 Joint Motion to Appear Telephonically at the Pretrial Conference Scheduled for June 27, 2019. ALL parties must appear telephonically on June 27, 2019 at 2:15 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: 19278. ALL parties are to appear by landline and not a cellular phone. Signed by Magistrate Judge Douglas N. Frazier on 6/26/2019. (CAS)
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| Filing 42 Joint MOTION to Appear Telephonically at the Pretrial Conference scheduled for June 27, 2019 by All Defendants. (Mammana, Giselle) Motions referred to Magistrate Judge Unassigned Magistrate. |
| Filing 41 AMENDED COMPLAINT against AFCO Credit Corporation, Prime Rate Premium Finance Corporation, Inc., Scottsdale Insurance Company with Jury Demand. filed by 4720 SE 15th Avenue LLC.. (Attachments: #1 Exhibit Finance Agreement, #2 Exhibit Insurance Policy)(Burandt, Robert) |
| Filing 40 Case Reassigned to Judge Unassigned Judge. New case number: 2:19-cv-278-FtM-99UAM. Judge Sheri Polster Chappell no longer assigned to the case. (Reassignment error). (LMF) |
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Filing 39
ENDORSED ORDER granting #38 the Agreed Joint Motion for Extension of the June 13, 2019 Deadline to File Rule 26(A)(1) Initial Disclosures. For good cause shown and because the motion was filed jointly, the parties shall have up to and including July 11, 2019 to file their initial disclosures. Signed by Magistrate Judge Douglas N. Frazier on 6/12/2019. (HAP)
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| Filing 38 Joint MOTION to extend time to file rule 26(a)(1) initial disclosures due on June 13, 2019 by AFCO Credit Corporation, Prime Rate Premium Finance Corporation, Inc., Scottsdale Insurance Company. (Mammana, Giselle) Motions referred to Magistrate Judge Unassigned Magistrate. |
| Filing 37 Case Reassigned to Judge Sheri Polster Chappell. New case number: 2:19-cv-278-FtM-38UAM. Judge Unassigned Judge no longer assigned to the case. (LMF) |
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Filing 36
ORDER granting #10 Defendant Scottsdale Insurance Company's Motion to Dismiss.Defendant AFCO Credit Corp.'s Motion to Dismiss (Doc. #18) is GRANTED. Defendant Prime Rate Premium Finance Corp., Inc.'s Motion to Dismiss (Doc. #19) is GRANTED. Defendant AFCO Credit Corp.'s Notices of Joinder (Doc. #17, Doc. #24), Defendant Prime Rate Premium Finance Corp., Inc.'s Notice of Joinder (Doc. #20), Defendant Scottsdale Insurance Company's Notice of Joinder (Doc. #26) are GRANTED.The Amended Complaint (Doc. #4) is DISMISSED without prejudice. Plaintiff 4720 SE 15th Avenue LLC may file a Second Amended Complaint on or before June 24, 2019. Failure to file a timely amended pleading will result in closing this case without further notice. Signed by Judge Sheri Polster Chappell on 6/10/2019. (WRW)
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Filing 35
ENDORSED ORDER denying #34 Plaintiff's Motion for Leave to Amend Complaint. The motion fails to comply with the requirements of Local Rule 3.01(g). Signed by Magistrate Judge Douglas N. Frazier on 6/5/2019. (CAS)
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| Filing 34 MOTION for leave to Amend Complaint and Demand for Jury Trial by 4720 SE 15th Avenue LLC.. (Attachments: #1 Exhibit Second Amended Verified Complaint and Demand for Jury Trial)(Holley, David) |
| Filing 33 CASE MANAGEMENT REPORT. (McLester, Mindy) |
| Filing 32 CERTIFICATE of interested persons and corporate disclosure statement re #16 Certificate of interested persons and corporate disclosure statement by AFCO Credit Corporation. (Mammana, Giselle) |
| Filing 31 CERTIFICATE of interested persons and corporate disclosure statement re #13 Interested persons order by Prime Rate Premium Finance Corporation, Inc.. (Kevlin, Anne) |
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Filing 30
ORDER granting #5 Defendant AFCO Credit Corporation's Motion for Extension of Time to File Response to Complaint; and granting #6 Defendant Prime Rate Premium Finance Corporation, Inc.'s Motion for Extension of Time to File Response to Complaint. The Court accepts #18 Defendant AFCO Credit Corporation's Motion to Dismiss Plaintiff's Amended Verified Complaint and #19 Defendant Prime Rate Premium Finance Corporation, Inc.'s Motion to Dismiss Plaintiff's Amended Verified Complaint as timely filed. Signed by Magistrate Judge Douglas N. Frazier on 5/14/2019. (CAS)
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| Filing 29 CERTIFICATE of interested persons and corporate disclosure statement re #13 Interested persons order by 4720 SE 15th Avenue LLC.. (Burandt, Robert) |
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Filing 28
ORDER granting #11 Defendant Prime Rate Premium Finance Corporation, Inc.'s Consent Order Granting Substitution of Attorney construed as a motion to substitute counsel. The Clerk is directed to substitute attorney Anne E. Kevlin in place of attorney Giselle Mammana as Prime Rate's counsel in this matter. The Clerk is directed to send all further pleadings, motions, orders, and correspondence for Prime Rate to Anne E. Kevlin, Esq., Clausen Miller P.C., 4830 West Kennedy Blvd., Suite 600, Tampa, Florida, 33609; telephone: 813-509-2578; email: akevlin@clausen.com. Within seven (7) days from the date of this Order, Ms. Kevlin is directed to contact the Clerk of Court's office and provide her fax number. Signed by Magistrate Judge Douglas N. Frazier on 5/10/2019. (CAS)
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Filing 27
ENDORSED ORDER granting #25 Defendants' Motion for Order Permitting Parties to Conduct Case Management Meeting Via Telephone. The parties may conduct the case management meeting via telephone. Signed by Magistrate Judge Douglas N. Frazier on 5/10/2019. (CAS)
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| Filing 26 MOTION for Joinder in the Motion to Dismiss Plaintiff's Amended Verified Complaint #18, filed by Defendant, AFCO CREDIT CORPORATION, and the Motion to Dismiss Plaintiff's Amended Verified Complaint #19, filed by Defendant, PRIME RATE PREMIUM FINANCE CORPORATION, INC. by Scottsdale Insurance Company. (McLester, Mindy) |
| Filing 25 Joint MOTION to Appear Telephonically at the Case Management Meeting and/or Joint Motion for Order Permitting Parties to Appear Telephonically by AFCO Credit Corporation, Prime Rate Premium Finance Corporation, Inc., Scottsdale Insurance Company. (Mammana, Giselle) Motions referred to Magistrate Judge Unassigned Magistrate. |
| Filing 24 MOTION for Joinder in the Motion to Dismiss Plaintiff's Amended Verified Complaint #19, filed by Defendant Prime Rate Premium Finance Corporation, Inc. by AFCO Credit Corporation. (Mammana, Giselle) |
| Filing 23 NOTICE of pendency of related cases re #12 Related case order and track 2 notice per Local Rule 1.04(d) by AFCO Credit Corporation. Related case(s): no (Mammana, Giselle) |
| Filing 22 NOTICE of pendency of related cases per Local Rule 1.04(d) by Prime Rate Premium Finance Corporation, Inc.. Related case(s): No (Kevlin, Anne) |
| Filing 21 NOTICE of pendency of related cases re #12 Related case order and track 2 notice per Local Rule 1.04(d) by 4720 SE 15th Avenue LLC.. Related case(s): No (Burandt, Robert) |
| Filing 20 MOTION for Joinder to Motion to Dismiss by Prime Rate Premium Finance Corporation, Inc.. (Kevlin, Anne) |
| Filing 19 MOTION to Dismiss Plaintiff's Amended Verified Complaint by Prime Rate Premium Finance Corporation, Inc.. (Kevlin, Anne) |
| Filing 18 MOTION to Dismiss complaint by AFCO Credit Corporation. (Mammana, Giselle) |
| Filing 17 MOTION for Joinder to Motion to Dismiss by AFCO Credit Corporation. (Mammana, Giselle) |
| Filing 16 CERTIFICATE of interested persons and corporate disclosure statement re #13 Interested persons order by Scottsdale Insurance Company identifying Corporate Parent Nationwide Mutual Insurance Company, Corporate Parent Prime Rate Premium Finance Corporation, Inc., Corporate Parent Burandt, Adamski, & Feichthaler, P.I., Corporate Parent The Rock Law Group, P.A., Corporate Parent 4720 SE 15th Avenue LLC., Corporate Parent AFCO Credit Corporation, Corporate Parent Clausen Miller P.C., Other Affiliate Robert B. Burandt, Other Affiliate Scottsdale Insurance Company, Other Affiliate Liebler, Gonzalez & Portuondo, P.A., Other Affiliate Mindy A McLester, Other Affiliate Andrew P Rock, Esquire, Other Affiliate Lally's Tropical Real Estate, Other Affiliate Gisselle Mammana, Other Affiliate Anne E Kevlin for Scottsdale Insurance Company.. (McLester, Mindy) |
| Filing 15 NOTICE of pendency of related cases re #12 Related case order and track 2 notice per Local Rule 1.04(d) by Scottsdale Insurance Company. Related case(s): no (McLester, Mindy) |
| Filing 14 NOTICE of hearing: Preliminary Pretrial Conference set for 6/27/2019 at 02:15 PM in Ft. Myers Courtroom 6 B before Magistrate Judge Douglas N. Frazier. Any motion or other filing pertaining to the Preliminary Pretrial Conference must be filed (3) three business days in advance of the hearing to ensure consideration.(MLJ) |
| Filing 13 INTERESTED PERSONS ORDER Certificate of interested persons and corporate disclosure statement due by 5/20/2019. Signed by All Divisional Judges on 5/6/2019. (MLJ) |
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Filing 12
RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Notice of pendency of other actions due by 5/20/2019. Signed by Judge Sheri Polster Chappell on 5/6/2019. (MLJ)
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| Filing 11 MOTION to Substitute Attorney and proposed Consent Order Granting same by Prime Rate Premium Finance Corporation, Inc.. (Kevlin, Anne) Motions referred to Magistrate Judge Unassigned Magistrate. |
| Filing 10 MOTION to Dismiss Amended Verified Complaint by Scottsdale Insurance Company. (McLester, Mindy) |
| Filing 9 AMENDED Notice of removal by Scottsdale Insurance Company re #8 Order to show cause re #1 Notice of Removal) (McLester, Mindy) Modified on 5/2/2019 to edit docket text (WRW). |
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Filing 8
ORDER that Defendant Scottsdale Insurance Company must SUPPLEMENT its Notice of Removal as set forth in this Order on or before May 14, 2019, to show cause why this case should not be remanded for lack of subject matter jurisdiction. Failure to comply with this Order will lead to this case being remanded without further notice. Signed by Judge Sheri Polster Chappell on 4/30/2019. (DH)
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| Filing 7 STANDING ORDER: Filing of documents that exceed twenty-five pages. Signed by All Divisional Judges on 4/29/2019. (WRW) |
| Filing 3 NOTICE of consent to join by AFCO Credit Corporation, Prime Rate Premium Finance Corporation, Inc. re #1 Notice of Removal . (Mammana, Giselle) |
| Filing 6 MOTION for Extension of Time to File Answer re #4 Amended Complaint by Prime Rate Premium Finance Corporation, Inc. (WRW) Motions referred to Unassigned Magistrate Judge. |
| Filing 5 MOTION for Extension of Time to File Answer re #4 Amended Complaint by AFCO Credit Corporation. (WRW) Motions referred to Unassigned Magistrate Judge |
| Filing 4 AMENDED COMPLAINT against AFCO Credit Corporation, Prime Rate Premium Finance Corporation, Inc., Scottsdale Insurance Company with Jury Demand. filed by 4720 SE 15th Avenue LLC in State Court on 03/22/2019. (Attachments: #1 Exhibit A, #2 Exhibit B)(WRW) |
| Filing 2 NEW CASE ASSIGNED to Judge Unassigned Judge and Magistrate Judge Unassigned Magistrate. New case number: 2:19-cv-278-FtM-99UAM. (SJB) |
| Filing 1 NOTICE OF REMOVAL from Lee County Circuit Court, case number 19-CA-1363 filed in State Court on 03/11/2019. Filing fee $ 400, receipt number 113A-15401341 filed by Scottsdale Insurance Company. (Attachments: #1 State Court COMPLAINT Complaint, #2 State Court COMPLAINT Amended Complaint, #3 State Court Pending Motions Motion for Extension AFCO, #4 State Court Pending Motions Motion for Extension Prime Rate, #5 State Court Docket Sheet Docket Sheet, #6 State Court Other Documents Other Documents, #7 Civil Cover Sheet Civil Cover Sheet)(McLester, Mindy) Modified on 4/29/2019 to edit docket text. (WRW). |
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