UCMS LLC. v. Lexington Insurance Company
| UCMS LLC., DBA UNIVERSAL CONTRACTING OF FLORIDA, A/A/O ALAN KIRBY THOMPSON and UCMS LLC. |
| Lexington Insurance Company |
| 2:2019cv00360 |
| May 30, 2019 |
| US District Court for the Middle District of Florida |
| Sheri Polster Chappell |
| Mac R McCoy |
| Insurance |
| 28 U.S.C. § 1446 |
| Both |
Docket Report
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| Filing 34 JUDGMENT Signed by Deputy Clerk on 7/12/2019. (RMT) |
Filing 33
ENDORSED ORDER. Before the Court is Plaintiff UCMS LLC's Notice of Voluntary Dismissal (Doc. #32) filed on July 10, 2019. Federal Rule of Civil Procedure 41(a)(1)(A)(i) allows a plaintiff to dismiss an action voluntarily before the opposing party serves either an answer or a motion for summary judgment. 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). Accordingly, in compliance with Rule 41(a), this action is DISMISSED without prejudice. The Clerk is DIRECTED to enter judgment, terminate all pending motions and deadlines, and close the file. Signed by Judge Sheri Polster Chappell on 7/11/2019. (NMC)
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| Filing 32 NOTICE of voluntary dismissal by UCMS LLC. (Hixson, Christopher) |
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Filing 31
ENDORSED ORDER granting #30 Plaintiff's Motion for Extension of Time to Reply [sic] to Defendant's Motion to Dismiss [Dkt. #26]. Plaintiff must respond no later than 7/10/2019. Signed by Magistrate Judge Mac R. McCoy on 7/5/2019. (McCoy, Mac)
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| Filing 30 MOTION for Extension of Time to File Response/Reply as to #26 First MOTION to Dismiss Plaintiff's Complaint by UCMS LLC.. (Hixson, Christopher) Motions referred to Magistrate Judge Mac R. McCoy. |
| Filing 29 CERTIFICATE of compliance re #19 Case Management Report and Fed. R. Civ. P. 26 by UCMS LLC.. (Hixson, Christopher) |
| Filing 28 NOTICE by Lexington Insurance Company Notice of Filing Exhibits 2-5 in Support of Motion to Dismiss (Attachments: #1 Exhibit 2 - Lex Invocation of Appraisal, #2 Exhibit 3 - Plaintiff Insureds Designated Appraiser, #3 Exhibit 4 - Executed Selection of Umpire, #4 Exhibit 5 - Email from Plaintiff Insureds' Appraiser re litigation)(Medeiros, Crystalin) |
| Filing 27 NOTICE by Lexington Insurance Company re #26 First MOTION to Dismiss Plaintiff's Complaint Notice of Filing Exhibit 1 in Support of Motion to Dismiss (Attachments: #1 Exhibit 1 - Policy)(Medeiros, Crystalin) |
| Filing 26 First MOTION to Dismiss Plaintiff's Complaint by Lexington Insurance Company. (Medeiros, Crystalin) |
| Filing 25 NOTICE by Lexington Insurance Company SUPPLEMENTAL NOTICE OF REMOVAL PER D.E. 9 (Attachments: #1 Exhibit)(Medeiros, Crystalin) |
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Filing 24
ENDORSED ORDER granting #23 Plaintiff's Unopposed Motion for Relief From Compliance with Order to Comply [D.E. #13], which the Court construes as a motion for attorney Phyllis Jean Nowlan to withdraw as counsel of record for Plaintiff UCMS LLC. Attorney Phyllis Jean Nowlan has no further responsibility in this case. The Clerk of Court is directed to terminate attorney Phyllis Jean Nowlan as counsel of record in this case. Signed by Magistrate Judge Mac R. McCoy on 6/18/2019. (McCoy, Mac)
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| Filing 23 Unopposed MOTION for miscellaneous relief, specifically Relief from Order to Comply by UCMS LLC.. (Hixson, Christopher) |
| Filing 22 CERTIFICATE of interested persons and corporate disclosure statement re #4 Interested persons order by UCMS LLC. identifying Corporate Parent UCMS LLC., DBA UNIVERSAL CONTRACTING OF FLORIDA, A/A/O ALAN KIRBY THOMPSON, Corporate Parent Kovar Law Group for UCMS LLC... (Hixson, Christopher) |
| Filing 21 NOTICE of pendency of related cases re #3 Related case order and track 2 notice per Local Rule 1.04(d) by UCMS LLC.. Related case(s): yes (Hixson, Christopher) |
| Filing 20 NOTICE of Appearance by Christopher Lee Hixson on behalf of UCMS LLC. (Hixson, Christopher) |
| Filing 19 CASE MANAGEMENT REPORT. (Medeiros, Crystalin) |
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Filing 18
ENDORSED ORDER granting #17 Joint Motion for Telephonic Local Rule 3.05 Conference. Signed by Magistrate Judge Mac R. McCoy on 6/13/2019. (McCoy, Mac)
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| Filing 17 Joint MOTION to Appear Telephonically FOR LOCAL RULE 3.05 CONFERENCE by Lexington Insurance Company. (Medeiros, Crystalin) Motions referred to Magistrate Judge Mac R. McCoy. |
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Filing 16
ORDER GOVERNING PRELIMINARY PRETRIAL CONFERENCE. Signed by Magistrate Judge Mac R. McCoy on 6/11/2019. (jmc)
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| Filing 15 NOTICE of hearing: Preliminary Pretrial Conference set for 7/23/2019 at 11:00 AM in Ft. Myers Courtroom 5 C before Magistrate Judge Mac R. McCoy. Notwithstanding any prior Order of the Court, the parties shall file a joint Case Management Report no later than 6/15/2019. To the extent Fed. R. Civ. P. 16(b)(2) so requires, the Court finds good cause to extend the time period for entering the Case Management and Scheduling Order until after the Case Management Report is filed and the Preliminary Pretrial Conference is held.(jmc) |
| Filing 14 STANDING ORDER: Filing of documents that exceed twenty-five pages. Signed by All Divisional Judges on 6/7/2019. (RMT) |
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Filing 13
ORDER for Phyllis Jean Nowlan to comply with the administrative procedures regarding electronic filing. Signed by All Divisional Judges on 6/6/2019. (SPB)
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| Filing 12 NOTICE to counsel of Local Rule 2.01, as to Phyllis Jean Nowlan (signed by deputy clerk). (SPB) |
| Filing 11 NOTICE of compliance with D.E. 3 by Lexington Insurance Company (Medeiros, Crystalin) |
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Filing 9
ORDER directing Defendant Lexington Insurance Company to supplement the Notice of Removal as set forth in this Order on or before June 19, 2019, to show cause why this case should not be remanded for lack of subject matter jurisdiction re #1 Notice of Removal filed by Lexington Insurance Company. Signed by Judge Sheri Polster Chappell on 6/6/2019. (WRW)
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Filing 8
ENDORSED ORDER granting #7 Defendant's Motion for Enlargement of Time to Response to Plaintiff's Complaint. Defendant's response is due on or before 6/19/2019. Signed by Magistrate Judge Mac R. McCoy on 6/5/2019. (McCoy, Mac)
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| Filing 7 MOTION for Extension of Time to File Response/Reply to Plaintiff's Complaint by Lexington Insurance Company. (Medeiros, Crystalin) Motions referred to Magistrate Judge Mac R. McCoy. |
| Filing 6 NOTICE of pendency of related cases per Local Rule 1.04(d) by Lexington Insurance Company. Related case(s): No (Medeiros, Crystalin) |
| Filing 5 CERTIFICATE of interested persons and corporate disclosure statement re #4 Interested persons order by Lexington Insurance Company. (Medeiros, Crystalin) |
| Filing 4 INTERESTED PERSONS ORDER Certificate of interested persons and corporate disclosure statement due by 6/17/2019. Signed by All Divisional Judges on 6/3/2019. (jmc) |
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Filing 3
RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Notice of pendency of other actions due by 6/17/2019. Signed by Judge Sheri Polster Chappell on 6/3/2019. (jmc)
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| Filing 2 NEW CASE ASSIGNED to Judge Sheri Polster Chappell and Magistrate Judge Mac R. McCoy. New case number: 2:19-cv-360-FtM-38MRM. (SJB) |
| Filing 10 COMPLAINT against Lexington Insurance Company with Jury Demand filed by UCMS LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(RMT) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from 20th Judicial Circuit Collier County, case number 11-2019-CA-001599-0001-XX filed in State Court on 5/30/19. Filing fee $ 400, receipt number 113A-15523556 filed by Lexington Insurance Company. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 State Court COMPLAINT Exhibit A to Notice of Removal, #3 Exhibit Exhibit B to Notice of Removal, #4 Exhibit Exhibit C to Notice of Removal)(Medeiros, Crystalin) |
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