Carroll et al v. GeoVera Specialty Insurance Company et al
Plaintiff: Judy D Carroll and Paul E Carroll
Defendant: GeoVera Specialty Insurance Company
Case Number: 2:2020cv00495
Filed: July 13, 2020
Court: US District Court for the Middle District of Florida
Presiding Judge: Sheri Polster Chappell
Referring Judge: Mac R McCoy
Nature of Suit: Insurance
Cause of Action: 12 U.S.C. § 0635
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on September 8, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 8, 2020 Opinion or Order Filing 26 CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 11/10/2020, Joinder of Parties due by 11/10/2020, Discovery due by 11/4/2021, Dispositive motions due by 12/7/2021, All other motions due by 3/11/2022, Plaintiff disclosure of expert report due by 9/7/2021, Defendant disclosure of expert report due by 10/4/2021, Final Pretrial Conference set for 3/25/2022 at 09:30 AM in Ft. Myers Courtroom 5 D before Judge Sheri Polster Chappell, Trial term commencing 4/4/2022 in Ft. Myers Courtroom 5 D before Judge Sheri Polster Chappell., Conduct mediation hearing by 11/18/2021. Lead counsel to coordinate dates. See Order for details. Signed by Magistrate Judge Mac R. McCoy on 9/8/2020. (jmc)
September 8, 2020 Filing 25 Minute Entry. Proceedings held before Magistrate Judge Mac R. McCoy: granting 23 Defendant, Geo Vera Specialty Insurance Company, requests an extension of time to file a Corporate Disclosure Statement. The Court grants this oral motion and gives an extension to 9/15/2020, granting 24 Joint Notice of Related cases. The Court will grant the joint oral motion and gives an extension to 9/11/2020. ; PRELIMINARY PRETRIAL CONFERENCE held on 9/8/2020. (Digital) (jmc)
September 8, 2020 Filing 24 JOINT ORAL MOTION for Extension of Time to File Notice of Related Cases by All Parties. (jmc) Motions referred to Magistrate Judge Mac R. McCoy.
September 8, 2020 Filing 23 ORAL MOTION for Extension of Time to File Corporate Disclosure Statement by GeoVera Specialty Insurance Company. (jmc) Motions referred to Magistrate Judge Mac R. McCoy.
September 1, 2020 Opinion or Order Filing 22 ORDER granting #21 Defendant's Amended Motion to Strike Demand for Consequential Damages. On or before 9/15/2020, Plaintiffs must file an Amended Complaint that does not contain a demand for consequential damages. See Order for details. Signed by Magistrate Judge Mac R. McCoy on 9/1/2020. (NM)
August 28, 2020 Filing 21 Amended MOTION to Strike Demand for Consequential Damages by GeoVera Specialty Insurance Company. (Lavy, Terrence) Motions referred to Magistrate Judge Mac R. McCoy.
August 28, 2020 Filing 20 CASE MANAGEMENT REPORT. (Lavy, Terrence)
August 28, 2020 Filing 19 PRETRIAL statement by GeoVera Specialty Insurance Company. (Lavy, Terrence)
August 27, 2020 Opinion or Order Filing 18 ORDER denying without prejudice #7 Defendant's Motion to Strike Demand for Consequential Damages to Defendant's ability to refile its Motion after conferring with Plaintiffs' counsel. On or before 9/11/2020, the parties must confer regarding Defendant's request to strike Plaintiffs' demand for consequential damages. See Order for details. Signed by Magistrate Judge Mac R. McCoy on 8/27/2020. (NM)
August 19, 2020 Opinion or Order Filing 17 ENDORSED ORDER granting #16 Plaintiffs' Unopposed Motion to Substitute Attorney, which the Court construes as a motion for attorney Angel Gimenez to withdraw on behalf of Plaintiffs. Attorney Angel Gimenez is permitted to withdraw as counsel for Plaintiffs and shall have no further responsibility in this case. The Clerk of Court is directed to terminate Angel Gimenez as counsel of record in this case and to remove him from the CM/ECF electronic service list. Signed by Magistrate Judge Mac R. McCoy on 8/19/2020. (NM)
August 18, 2020 Filing 16 MOTION to Substitute Attorney by All Plaintiffs. (Attachments: #1 Exhibit Proposed Order on Motion to Substitute)(Hannon, James) Motions referred to Magistrate Judge Mac R. McCoy.
August 13, 2020 Filing 15 NOTICE to counsel Angel L. Gimenez of Local Rule 2.01, General Admission to Practice, which states - No person shall be permitted to appear or be heard as counsel for another in any proceeding in this Court unless first admitted to practice in the Court pursuant to this rule (or heretofore admitted under prior rules of the Court). Apply for membership to the bar of this Court at www.flmd.uscourts.gov The attorney listed shall file a notice of compliance within fourteen days. Failure to comply with this notice within fourteen days will result in counsel being terminated from the docket sheet without further notice. (Signed by Deputy Clerk). (SPB)
August 5, 2020 Opinion or Order Filing 14 ORDER TO SHOW CAUSE. Plaintiffs failed to respond timely to Defendant's Motion to Strike Demand for Consequential Damages (Doc. #7) as required by M.D. Fla. R. 3.01(b). No later than 8/19/2020, Plaintiffs must respond to the Motion (Doc. #7) and show cause why the motion should not be granted. If Plaintiffs fail to comply timely with this Order, the Court will deem the motion unopposed. Signed by Magistrate Judge Mac R. McCoy on 8/5/2020. (McCoy, Mac)
July 29, 2020 Opinion or Order Filing 13 ENDORSED ORDER. On July 24, 2020, the Court directed Defendant to show cause why this case should not be remanded for lack of subject-matter jurisdiction. (Doc. #11). Based on Defendant's response (Doc. #12), the Court is satisfied with jurisdiction and will take no further action on its Order at this time (Doc. #11). Signed by Judge Sheri Polster Chappell on 7/29/2020. (KRH)
July 28, 2020 Filing 12 NOTICE by GeoVera Specialty Insurance Company of Filing Pursuant to Court Order (Lavy, Terrence)
July 24, 2020 Opinion or Order Filing 11 ORDERED: Defendant shall SUPPLEMENT the Notice of Removal on or before July 31, 2020, to show cause why this case should not be remanded for lack of subject-matter jurisdiction. Failure to do so will result in this case being remanded without further notice. Signed by Judge Sheri Polster Chappell on 7/24/2020. (AEH)
July 17, 2020 Filing 10 NOTICE of hearing: Telephonic Preliminary Pretrial Conference set for 9/8/2020 at 10:30 AM before Magistrate Judge Mac R. McCoy. All parties to appear by telephone. DIAL IN INSTRUCTIONS: TOLL FREE NUMBER: 1-888-273-3658, ACCESS CODE: 8335587, SECURITY CODE: 20495. Dial in at least 5 minutes before hearing time. Landline preferred. Do not use the speaker phone feature during the call. Notwithstanding any prior Order of the Court, the parties shall file a joint Case Management Report no later than 8/31/2020. 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)
July 17, 2020 Filing 9 TRACK TWO NOTICE AND CORPORATE DISCLOSURE ORDER. Signed by All Divisional Judges on 7/17/2020. (jmc)
July 14, 2020 Filing 8 RESPONSE re #1 Notice of Removal to Request for Admissions filed by GeoVera Specialty Insurance Company. (Lavy, Terrence) Modified on 7/14/2020 to note: Counsel notified as to filing of discovery materials (MLS).
July 14, 2020 Filing 7 MOTION to Strike Consequential Damages by GeoVera Specialty Insurance Company. (Lavy, Terrence) Motions referred to Magistrate Judge Mac R. McCoy.
July 14, 2020 Filing 6 NOTICE by GeoVera Specialty Insurance Company Compliance - Civil Cover (Attachments: #1 Civil Cover Sheet)(Lavy, Terrence) (mls)
July 14, 2020 Filing 5 ANSWER and affirmative defenses to #3 Complaint with Jury Demand by GeoVera Specialty Insurance Company.(Lavy, Terrence)
July 14, 2020 Filing 4 NOTICE to counsel Terrence Lavy of Local Rule 1.05(e), which states - The Clerk is authorized and directed to require a complete and executed AO Form JS44, Civil Cover Sheet, which shall accompany each civil case as a condition to the filing thereof. State and federal prisoners, and other persons filing civil cases pro se are exempt from the requirements of this subsection. File a completed Civil Cover Sheet using the event Notice (Other) The attorney listed shall file a notice of compliance within fourteen days. Failure to comply with this notice within fourteen days will result in counsel being terminated from the docket sheet without further notice. (Signed by Deputy Clerk). (MLS)
July 14, 2020 Filing 3 COMPLAINT against GeoVera Specialty Insurance Company with Jury Demand filed (in State Court 6/10/20) by Paul E Carroll, Judy D Carroll.(MLS)
July 13, 2020 Filing 2 NEW CASE ASSIGNED to Judge Sheri Polster Chappell and Magistrate Judge Mac R. McCoy. New case number: 2:20-cv-495-FtM-38MRM. (SJB)
July 13, 2020 Filing 1 COMPLAINT and NOTICE OF REMOVAL from Lee County 20th Circuit Court, case number 2020-CA-3758 filed in State Court on June 10, 2020. Filing fee $ 400, receipt number 113A-17049539 filed by GeoVera Specialty Insurance Company. (Attachments: #1 Civil Cover Sheet State Court Civil Cover, #2 State Court COMPLAINT, #3 State Court Other Documents Requests for Admissions to Defendant, #4 State Court Other Documents Requests for Production to Defendant, #5 State Court Other Documents Notice of Service of Interrogatories to Defendant, #6 State Court Other Documents Plaintiff Designation of E-Mail Address, #7 State Court Other Documents State Court Summons, #8 State Court Other Documents State Court Standing Order, #9 State Court Other Documents State Court Return of Service, #10 State Court Other Documents State Court Order of Reassignment, #11 State Court Other Documents Defendant's Notice of Appearance, #12 State Court Other Documents Defendant's Request for Production to Plaintiff, #13 State Court Other Documents Defendant's Notice of Service of Interrogatories to Plaintiff, #14 State Court Other Documents Defendant;s Notice of Withdrawal of Discovery to Plaintiff)(Lavy, Terrence)

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Plaintiff: Judy D Carroll
Represented By: Angel L. Gimenez
Represented By: James A. Hannon
Represented By: Terrence L. Lavy
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Plaintiff: Paul E Carroll
Represented By: Angel L. Gimenez
Represented By: James A. Hannon
Represented By: Terrence L. Lavy
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Defendant: GeoVera Specialty Insurance Company
Represented By: Terrence L. Lavy
Represented By: James A. Hannon
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