Positano Place at Naples II Condominium Association, Inc. v. Empire Indemnity Insurance Company
Plaintiff: Positano Place at Naples II Condominium Association, Inc.
Defendant: Empire Indemnity Insurance Company
Case Number: 2:2021cv00181
Filed: March 5, 2021
Court: US District Court for the Middle District of Florida
Presiding Judge: Sheri Polster Chappell
Referring Judge: Mac R McCoy
2 Judge: John E Steele
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. § 1441
Jury Demanded By: None
Docket Report

This docket was last retrieved on June 22, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 26, 2021 Opinion or Order Filing 26 ORDERED: Defendant's Motion to Dismiss (Doc. #15) is GRANTED in part. Count 2 is DISMISSED without prejudice. Plaintiff must FILE an amended complaint on or before May 10, 2021. Signed by Judge Sheri Polster Chappell on 4/26/2021. (AEH)
April 23, 2021 Filing 25 RESPONSE in Opposition re #15 MOTION to Dismiss Complaint and Supporting Memorandum of Law filed by Positano Place at Naples II Condominium Association, Inc.. (Mazzara, Justin)
April 21, 2021 Filing 24 NOTICE OF RESCHEDULING HEARING (AS TO TIME ONLY): The Preliminary Pretrial hearing set on 5/4/2021 at 11:00 AM is rescheduled. New hearing time: Preliminary Pretrial Conference set for 5/4/2021 at 10:30 AM before Magistrate Judge Mac R. McCoy. (jmc)
April 14, 2021 Filing 23 NOTICE of a related action per Local Rule 1.07(c) by Empire Indemnity Insurance Company. Related case(s): Yes (Hilton, Ryan)
April 14, 2021 Filing 22 CASE MANAGEMENT REPORT. (Mazzara, Justin)
April 14, 2021 Filing 21 NOTICE of a related action per Local Rule 1.07(c) by Positano Place at Naples II Condominium Association, Inc.. Related case(s): Yes (Mazzara, Justin)
April 9, 2021 Opinion or Order Filing 20 ENDORSED ORDER granting #19 Positano Place at Naples II Condominium Association, Inc.'s Unopposed Motion for Extension of Time to Respond to Defendant's Motion to Dismiss. Plaintiff must file a response to the Motion to Dismiss (Doc. #15) no later than 4/23/2021. Signed by Magistrate Judge Mac R. McCoy on 4/9/2021. (CM)
April 9, 2021 Filing 19 Unopposed MOTION for Extension of Time to File Response/Reply as to #15 MOTION to Dismiss Complaint and Supporting Memorandum of Law, #16 Supplement by Positano Place at Naples II Condominium Association, Inc.. (Mazzara, Justin) Motions referred to Magistrate Judge Mac R. McCoy.
April 9, 2021 Filing 18 Case Reassigned to Judge Sheri Polster Chappell per Order Doc. #17. New case number: 2:21-cv-181-SPC-MRM. Judge John E. Steele no longer assigned to the case. (LMF)
April 9, 2021 Opinion or Order Filing 17 ORDER granting #10 Motion to Transfer Case. The Clerk shall transfer this case to the Honorable United States District Judge Sheri Polster Chappell for all further proceedings, with her consent. Signed by Judge John E. Steele on 4/9/2021. (RKR)
April 1, 2021 Filing 16 SUPPLEMENT re #15 MOTION to Dismiss Complaint and Supporting Memorandum of Law (Supplemental Local 3.01(g) Certification Statement) by Empire Indemnity Insurance Company. (Hilton, Ryan)
March 26, 2021 Filing 15 MOTION to Dismiss Complaint and Supporting Memorandum of Law by Empire Indemnity Insurance Company. (Hilton, Ryan)
March 25, 2021 Filing 14 SUPPLEMENT re #10 MOTION to Change Venue / Transfer Case to Judge Assigned to First-Filed Case Local Rule 3.01(g)(6) Certification Statement by Empire Indemnity Insurance Company. (Hilton, Ryan)
March 23, 2021 Opinion or Order Filing 13 ORDER GOVERNING PRELIMINARY PRETRIAL CONFERENCE. Signed by Magistrate Judge Mac R. McCoy on 3/23/2021. (jmc)
March 23, 2021 Opinion or Order Filing 12 ORDER GOVERNING TELEPHONIC PROCEEDINGS. Signed by Magistrate Judge Mac R. McCoy on 3/23/2021. (jmc)
March 23, 2021 Filing 11 NOTICE of hearing: Telephonic Preliminary Pretrial Conference set for 5/4/2021 at 11:00 AM before Magistrate Judge Mac R. McCoy. DIAL IN INSTRUCTIONS: TOLL FREE NUMBER: 1-888-273-3658, ACCESS CODE: 8335587. 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 must jointly file a Case Management Report on the approved form no later than 4/21/2021. 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)
March 22, 2021 Filing 10 MOTION to Change Venue / Transfer Case to Judge Assigned to First-Filed Case by Empire Indemnity Insurance Company. (Hilton, Ryan)
March 12, 2021 Opinion or Order Filing 9 ENDORSED ORDER granting #7 Defendant Empire Indemnity Insurance Company's Unopposed Motion for Extension to Respond to Complaint. Defendant must respond to Plaintiff's Complaint (Doc. #8) no later than 3/26/2021. Signed by Magistrate Judge Mac R. McCoy on 3/12/2021. (CM)
March 12, 2021 Filing 7 Unopposed MOTION for Extension of Time to File Answer to Complaint by Empire Indemnity Insurance Company. (Hilton, Ryan) Motions referred to Magistrate Judge Mac R. McCoy. Modified text on 3/12/2021 (LYB).
March 11, 2021 Filing 6 CERTIFICATE of interested persons and corporate disclosure statement #4 Civil Action Order by Positano Place at Naples II Condominium Association, Inc.. (Mazzara, Justin)
March 5, 2021 Filing 8 COMPLAINT (filed in state court) against Empire Indemnity Insurance Company filed by Positano Place at Naples II Condominium Association, Inc.(LYB)
March 5, 2021 Filing 5 CERTIFICATE of interested persons and corporate disclosure statement re #4 Civil Action Order by Empire Indemnity Insurance Company identifying Corporate Parent Empire Fire and Marine Insurance Company, Corporate Parent Zurich Holding Company of America, Inc., Corporate Parent Zurich Insurance Company Ltd, Corporate Parent Zurich Insurance Group Ltd, Corporate Parent Zurich American Insurance Company for Empire Indemnity Insurance Company.. (Hilton, Ryan)
March 5, 2021 Filing 4 CIVIL Action Order. Signed by All Divisional Judges on 3/5/2021. (LYB)
March 5, 2021 Filing 3 NOTICE of Local Rule 3.02(a)(2), which requires the parties in every civil proceeding, except those described in subsection (d), to file a case management report (CMR) using the uniform form at www.flmd.uscourts.gov. The CMR must be filed (1) within forty days after any defendant appears in an action originating in this court, (2) within forty days after the docketing of an action removed or transferred to this court, or (3) within seventy days after service on the United States attorney in an action against the United States, its agencies or employees. Judges may have a special CMR form for certain types of cases. These forms can be found at www.flmd.uscourts.gov under the Forms tab for each judge. (Signed by Deputy Clerk). (LYB)
March 5, 2021 Filing 2 NEW CASE ASSIGNED to Judge John E. Steele and Magistrate Judge Mac R. McCoy. New case number: 2:21-cv-0181-JES-MRM. (SJB)
March 5, 2021 Filing 1 COMPLAINT and NOTICE OF REMOVAL from Collier County Circuit Court, case number 2021-CA-000158 filed in State Court on 01/15/2021. Filing fee $ 402, receipt number 113A-17966001 filed by Empire Indemnity Insurance Company. (Attachments: #1 State Court COMPLAINT, #2 State Court Docket Sheet, #3 State Court Other Documents, #4 Civil Cover Sheet, #5 Exhibit A to Notice of Removal, #6 Exhibit B to Notice of Removal)(Hilton, Ryan)

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Defendant: Empire Indemnity Insurance Company
Represented By: J. Pablo Caceres
Represented By: Ryan Kent Hilton
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Plaintiff: Positano Place at Naples II Condominium Association, Inc.
Represented By: Justin B. Mazzara
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