Roofing & Reconstruction Contractors of America LLC v. USAA Casualty Insurance Company
| Roofing & Reconstrcution Contractors of America LLC, Kanner & Pintaluga P.A. and Roofing & Reconstruction Contractors of America LLC |
| United Services Automobile Association, Terrence L. Lavy and USAA Casualty Insurance Company |
| 2:2020cv00823 |
| October 16, 2020 |
| US District Court for the Middle District of Florida |
| John L Badalamenti |
| Nicholas P Mizell |
| Insurance |
| 28 U.S.C. § 1441 |
| Both |
Docket Report
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This docket was last retrieved on August 25, 2021. A more recent docket listing may be available from PACER.
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Filing 40
ORDER denying #39 Plaintiff's motion for relief from judgment and to re-open case and motion to show cause. See Order for details. Signed by Judge John L. Badalamenti on 8/25/2021. (NM)
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| Filing 39 MOTION to Reopen Case Motion for Relief from Judgment by Roofing & Reconstruction Contractors of America LLC. (Singh, Pritpal) Modified on 7/20/2021 to reflect counsel notified as to full use of case number (JK). |
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Filing 38
ORDER. This case is DISMISSED WITHOUT PREJUDICE for lack of prosecution. Accordingly, the Clerk is DIRECTED to terminate any pending deadlines and close the file. See Order for details. Signed by Judge John L. Badalamenti on 7/19/2021. (NM)
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Filing 37
TEXT ORDER. Defendant represents that Plaintiff has not responded to jurisdictional discovery that Defendant propounded on 6/3/2021. (Doc. 36.) Nor has Plaintiff responded to the Court's orders directing the parties' compliance. (Docs. 34, 35.) Accordingly, on or before 7/16/2021, Plaintiff is DIRECTED to SHOW CAUSE as to why the Court should not dismiss this case for Plaintiff's failure to comply with the Court's orders and for failing to diligently prosecute this case under Local Rule 3.10. Plaintiff is WARNED that its failure to comply fully with the Court's prior orders and to show cause in writing on or before 7/16/2021 WILL RESULT IN DISMISSAL of this action without further warning and that the Court is not inclined to grant any extension of time for compliance. Signed by Judge John L. Badalamenti on 7/9/2021. (NM)
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| Filing 36 NOTICE of compliance re #34 Order pdf, 35 Order no pdf by USAA Casualty Insurance Company (Attachments: #1 Notice of Service of Jurisdiction Interrogatories, #2 Jurisdiction Interrogatories)(Sundook, Steven) Email to counsel re: full case number on filings Modified on 7/1/2021 (JK). |
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Filing 35
TEXT ORDER. The Court previously directed the parties to confer and exchange discovery about Plaintiff's citizenship so as to determine if they are completely diverse. No later than 6/21/2021, Defendant was to file a Second Amended Notice of Removal unequivocally establishing this Court's subject matter jurisdiction or, in the alternative, the parties were to move jointly for remand. (Doc. 34.) To date, the parties have not complied. Accordingly, the parties are DIRECTED to comply with the Court's 6/7/2021 order (Doc. 34) on or before 7/2/2021. The parties are hereby WARNED that any failure to comply fully and meaningfully with this Court's prior orders will result in the Court construing the parties' inaction as a concession that they are not completely diverse, that the Court lacks subject matter jurisdiction over this action, and the Court will remand this case without further notice. Signed by Judge John L. Badalamenti on 6/25/2021. (NM)
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Filing 34
ORDER. On or before 6/21/2021, the parties are DIRECTED to confer and exchange discovery about R&R's citizenship. If the parties determine that complete diversity exists, USAA is DIRECTED to file an amended notice of removal clearly establishing the citizenship of both parties. Alternatively, should the parties both be citizens of Texas, they are DIRECTED to file a joint motion for remand on or before 6/21/2021. See Order for details. Signed by Judge John L. Badalamenti on 6/7/2021. (NM)
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| Filing 33 COMPLAINT and NOTICE OF REMOVAL Amended filed by USAA Casualty Insurance Company.(Sundook, Steven) |
| Filing 32 CERTIFICATE of interested persons and corporate disclosure statement re 31 Order no pdf, #30 Order by USAA Casualty Insurance Company identifying Corporate Parent USAA Casualty Insurance Company for USAA Casualty Insurance Company. (Lavy, Terrence) |
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Filing 31
TEXT ORDER. On 5/3/2021, the Court directed Defendant to supplement its Notice of Removal because it had not provided the names and citizenships of the LLC Plaintiff's member(s). (Doc. 30.) Defendant's notice was due on 5/17/2021 but, to date, it has not filed any such notice. Accordingly, on or before 6/8/2021, Defendant is DIRECTED to SHOW CAUSE in writing as to why the Court should not sanction Defendant for failing to comply with a Court order. Defendant's failure to show cause and file a notice with the names and citizenships of all LLC members may result in (but not be limited to) the imposition of monetary penalties deemed necessary to secure its compliance. Signed by Judge John L. Badalamenti on 6/1/2021. (NM)
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Filing 30
ORDER: Defendant is directed to file a notice by May 17, 2021 that informs the Court of the names and citizenships of all of the members of Plaintiff. Failure to do so will result in the Court remanding this case back to state court without further notice for lack of subject matter jurisdiction. Signed by Judge John L. Badalamenti on 5/3/2021. (SMG)
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| Filing 29 NOTICE by USAA Casualty Insurance Company Service of Proposal for Settlement (Lavy, Terrence) |
| Filing 28 NOTICE of a related action per Local Rule 1.07(c) by Roofing & Reconstruction Contractors of America LLC. Related case(s): No (Singh, Pritpal) |
| Filing 27 NOTICE of a related action filed per Local Rule 1.07(c) by USAA Casualty Insurance Company. Related case(s): No (Balachanthiran, Kirushanthy) |
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Filing 26
ENDORSED ORDER. During the January 5, 2021 Preliminary Pretrial Conference, the Court directed the parties to file a Notice of a Related Action. By February 10, 2021, the parties are directed to file the Notice of a Related Action, using the new form available under the Forms tab on each judge's website, and indicate if there are any pending or closed cases related to this action. Signed by Magistrate Judge Nicholas P. Mizell on 2/1/2021. (brh)
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| Filing 25 CORPORATE Disclosure Statement by Roofing & Reconstruction Contractors of America LLC identifying Corporate Parent Roofing & Reconstruction Contractors of America, LLC for Roofing & Reconstruction Contractors of America LLC.. (Singh, Pritpal) |
| Filing 24 NOTICE OF SELECTION of Steve Koeppel as mediator by USAA Casualty Insurance Company. (Balachanthiran, Kirushanthy) |
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Filing 23
ENDORSED ORDER directing the Clerk to strike discovery notices #10, #19, #20, #22. Discovery notices shall not be filed with the Court as a matter of course. Fed. R. Civ. P. 5(d)(1)(A). Signed by Magistrate Judge Nicholas P. Mizell on 1/19/2021. (brh)
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| Filing 22 NOTICE by USAA Casualty Insurance Company DEFENDANT'S DISCLOSURE PURSUANT TO FRCP 26 (Balachanthiran, Kirushanthy) Modified on 1/19/2021. Stricken per Order 23 (drn). |
| Filing 21 CERTIFICATE of interested persons and corporate disclosure statement re #17 Case management and scheduling order, #16 Preliminary pretrial conference filed by USAA Casualty Insurance Company identifying Corporate Parent USAA, Other Affiliate USAA Life Insurance Company, Other Affiliate USAA Capital Corporation, Other Affiliate USAA General Idemnity Company for USAA Casualty Insurance Company.. (Balachanthiran, Kirushanthy) |
| Filing 20 NOTICE by USAA Casualty Insurance Company Amended Notice of Entry Upon Land (Lavy, Terrence) Modified on 1/19/2021. Stricken per Order 23 (drn). |
| Filing 19 NOTICE by USAA Casualty Insurance Company Entry Upon Land (Lavy, Terrence) Modified on 1/19/2021. Stricken per Order 23(drn). |
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Filing 17
CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 2/4/2021, Discovery due by 12/22/2021, Dispositive motions due by 1/19/2022, Pretrial statement due by 6/3/2022, Plaintiff disclosure of expert report due by 9/23/2021, Defendant disclosure of expert report due by 10/25/2021, Final Pretrial Conference set for 6/24/2022 at 01:30 PM in Ft. Myers Courtroom 6 B before Judge John L. Badalamenti, Trial term commencing 7/5/2022 AM in Ft. Myers Courtroom 6 B before Judge John L. Badalamenti., Conduct mediation hearing by 1/5/2022. Lead counsel to coordinate dates. Signed by Magistrate Judge Nicholas P. Mizell on 1/5/2021. (WRW)
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| Filing 16 Minute Entry. Telephonic Proceedings held before Magistrate Judge Nicholas P. Mizell: PRELIMINARY PRETRIAL CONFERENCE held on 1/5/2021. (DIGITAL) (WRW) |
| Filing 15 CASE MANAGEMENT REPORT. (Lavy, Terrence) |
| Filing 14 PRETRIAL AND DISCOVERY PLAN. (Lavy, Terrence) |
| Filing 13 NOTICE OF RESCHEDULING HEARING: The Preliminary Pretrial Conference hearing previously scheduled for 1/7/2021 is rescheduled. New scheduling date and time: Preliminary Pretrial Conference set for 1/5/2021 at 10:15 AM before Magistrate Judge Nicholas P. Mizell. All instruction in Doc. 8 remain the same.(WRW) |
| Filing 12 NOTICE to counsel Pritpal Singh of Local Rule 2.01(d), which states, each attorney must register with the Clerk of the Court and maintain an email address for electronic service by the Clerk. Maintain your e-mail address by logging into CM/ECF or register for a CM/ECF Account 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) |
| Filing 11 NOTICE to counsel Carlos A. Londono 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) |
| Filing 10 NOTICE by USAA Casualty Insurance Company Defendant's Response to Plaintiff's Request for Production (Lavy, Terrence) Modified on 1/19/2021. Stricken per Order 23 (drn). |
| Filing 9 NOTICE of Appearance by Max Messinger and Pritpal Singh on behalf of Roofing & Reconstruction Contractors of America LLC (Messinger, Max) Modified on 11/12/2020 to edit docket text (drn). |
| Filing 8 NOTICE of hearing: Preliminary Pretrial Conference set for 1/7/2021 at 10:20 AM before Magistrate Judge Nicholas P. Mizell. Parties shall file a Case Management Report and Pretrial & Discovery Plan by 12/31/2020. All parties shall appear telephonically. The toll-free teleconference number is 1-877-873-8018. The access code is 5997085. You will then be prompted to enter a participant security code: 20823. All parties are encouraged to utilize a landline or similarly stable connection free of ambient interference to avoid having any portion of the conference conducted without them. (WRW) |
| Filing 7 NOTICE by USAA Casualty Insurance Company Civil Cover Sheet (Lavy, Terrence) |
| Filing 6 ANSWER and affirmative defenses to Complaint with Jury Demand by USAA Casualty Insurance Company.(Lavy, Terrence) |
| Filing 5 TRACK TWO NOTICE AND CORPORATE DISCLOSURE ORDER. Signed by All Divisional Judges on 10/23/2020. (WRW) |
| Filing 4 NOTICE to counsel Terrence L. 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). (drn) |
| Filing 3 COMPLAINT against Terrence L. Lavy, United Services Automobile Association with Jury Demand filed in State Court on 9/10/20 by Roofing & Reconstrcution Contractors of America LLC, Kanner & Pintaluga P.A..(drn) |
| Filing 2 NEW CASE ASSIGNED to Judge John L. Badalamenti and Magistrate Judge Nicholas P. Mizell. New case number: 2:20-cv-823-FtM-66NPM. (SJB) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from Twentieth Judicial Circuit, case number 2020-CA-2954 filed in State Court on 9/10/2020. Filing fee $ 400, receipt number 113A-17435947 filed by United Services Automobile Association. (Attachments: #1 State Court COMPLAINT, #2 State Court Docket Sheet, #3 Civil Cover Sheet State Civil Cover, #4 State Court Other Documents)(Lavy, Terrence) |
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