Commodore Club, Unit 1, Inc. v. Lexington Insurance Company
| Commodore Club, Unit 1, Inc. |
| Lexington Insurance Company |
| 2:2022cv00462 |
| July 29, 2022 |
| US District Court for the Middle District of Florida |
| Kyle C Dudek |
| John E Steele |
| Insurance |
| 28 U.S.C. § 1442 Notice of Removal-Breach of Contract |
| Both |
Docket Report
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This docket was last retrieved on September 19, 2022. A more recent docket listing may be available from PACER.
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Filing 28
CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 10/19/2022; Joinder of Parties due by 10/19/2022; Discovery due by 9/29/2023; Dispositive motions due by 10/27/2023; All other motions due by 4/8/2024; Plaintiff disclosure of expert report due by 7/1/2023; Defendant disclosure of expert report due by 7/31/2023; Final Pretrial Conference set for 4/26/2024 at 09:30 AM in Ft. Myers Courtroom 6 A before Judge John E. Steele; Jury Trial set for 5/1/2024 trial term in Ft. Myers Courtroom 6 A before Judge John E. Steele. Conduct mediation hearing by 10/6/2023. Lead counsel to coordinate dates. Signed by Magistrate Judge Kyle C. Dudek on 9/19/2022. (CGW)
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| Filing 26 Minute Entry. Telephonic Proceedings held before Magistrate Judge Kyle C. Dudek: PRELIMINARY PRETRIAL CONFERENCE held on 9/19/2022. (Digital) (CGW) |
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Filing 25
AMENDED ORDER granting #21 Defendant's Motion to Appear Telephonically ; and granting #22 Plaintiff's Motion to Appear Telephonically. Parties should follow the instructions regarding telephonic appearance outlined in the Notice of Hearing. Signed by Magistrate Judge Kyle C. Dudek on 9/16/2022. (Entered to terminate pending motions). (LMF)
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| Filing 24 NOTICE re 3 Notice of hearing. The Preliminary Pretrial Conference scheduled for 9/19/2022 will be conducted telephonically. All parties shall appear telephonically. 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: 22462. 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) |
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Filing 23
ENDORSED ORDER granting Defendant's Motion to Appear Telephonically #21 and Plaintiff's Motion to Appear Telephonically #22. The Court will re-notice the 9/19 preliminary pretrial conference as a telephonic hearing. Further instructions will follow under separate order. Signed by Magistrate Judge Kyle C. Dudek on 9/16/2022. (Dudek, Kyle)
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| Filing 22 First MOTION for Calsie Boyd to appear telephonically by Commodore Club, Unit 1, Inc. (Boyd, Calsie) Motions referred to Magistrate Judge Kyle C. Dudek. |
| Filing 21 MOTION for Kelly M. Vogt to appear telephonically for Preliminary Pretrial Conference by Lexington Insurance Company. (Vogt, Kelly) Motions referred to Magistrate Judge Kyle C. Dudek. |
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Filing 20
ENDORSED ORDER striking #19 Plaintiff's Initial Disclosures as improperly filed discovery material. See Fed. R. Civ. P. 5(d)(1)(A); Middle District Discovery Handbook (2021) at Section I.C.1. The Clerk is directed to strike the filing and indicate on the docket that it was stricken by this Order. Signed by Magistrate Judge Kyle C. Dudek on 9/8/2022. (BLW)
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| Filing 19 Stricken pursuant to 20. NOTICE of Serving Initial Disclosures by Commodore Club, Unit 1, Inc. (Boyd, Calsie) Modified on 9/11/2022, to add stricken language. (SPB). |
| Filing 18 NOTICE of a related action per Local Rule 1.07(c) by Lexington Insurance Company. Related case(s): No (Vogt, Kelly) |
| Filing 17 CASE MANAGEMENT REPORT. (Vogt, Kelly) |
| Filing 16 ANSWER and affirmative defenses with Jury Demand to #15 Amended Complaint by Lexington Insurance Company.(Vogt, Kelly) |
| Filing 15 FIRST AMENDED COMPLAINT against Lexington Insurance Company with Jury Demand filed by Commodore Club, Unit 1, Inc. (Boyd, Calsie) Modified on 8/11/2022, to edit docket text. (SPB). |
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Filing 14
ENDORSED ORDER denying as moot #12 Motion to Strike Bad Faith Allegations from Complaint because Plaintiff has agreed to file an amended complaint excluding the bad faith allegations (Doc. #13) by September 30, 2022. Signed by Magistrate Judge Kyle C. Dudek on 8/9/2022. (BLW)
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| Filing 13 JOINT STIPULATION and Agreement as to Defendant's Motion to Strike Bad Faith Allegations from Plaintiff's #4 Complaint by Commodore Club, Unit 1, Inc. and Lexington Insurance Company. (Vogt, Kelly) Modified on 8/11/2022, to edit docket text and additional filers. (SPB). |
| Filing 12 MOTION to Strike Bad Faith Allegations from Complaint and Memorandum of Law in Support by Lexington Insurance Company. (Attachments: #1 Exhibit A)(Vogt, Kelly) Motions referred to Magistrate Judge Kyle C. Dudek. Modified as to docket text on 8/5/2022 (JK). |
| Filing 11 ANSWER and affirmative defenses to #4 Complaint with Jury Demand by Lexington Insurance Company.(Vogt, Kelly) Modified as to docket text on 8/5/2022 (JK). |
| Filing 10 CERTIFICATE of interested persons and corporate disclosure statement by Commodore Club, Unit 1, Inc. (Boyd, Calsie) |
| Filing 9 NOTICE of Lead Counsel Designation by Calsie Marie Boyd on behalf of Commodore Club, Unit 1, Inc. Lead Counsel: Calsie M. Boyd. (Boyd, Calsie) |
| Filing 8 CERTIFICATE of interested persons and corporate disclosure statement re #5 Civil Action Order by Lexington Insurance Company identifying Corporate Parent American International Group, Inc., Corporate Parent AIG Property Casualty Inc., Corporate Parent AIG Property Casualty, U.S., Inc. for Lexington Insurance Company. (Vogt, Kelly) |
| Filing 7 NOTICE of Lead Counsel Designation by Kelly Vogt on behalf of Lexington Insurance Company. Lead Counsel: Kelly M. Vogt. (Vogt, Kelly) |
| Filing 6 NOTICE of Local Rule 2.02(a), which requires designation of one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action. File a Notice of Lead Counsel Designation to identify lead counsel. (Signed by Deputy Clerk). (SPB) |
| Filing 5 CIVIL Action Order. Signed by All Divisional Judges on 8/2/2022. (SPB) |
| Filing 4 COMPLAINT against Lexington Insurance Company with Jury Demand filed by Commodore Club, Unit 1, Inc. (Filed in State Court on 6/27/2022.) (SPB) |
| Filing 3 NOTICE of hearing: Preliminary Pretrial Conference set for 9/19/2022 at 08:45 AM in Ft. Myers Courtroom 4 E before Magistrate Judge Kyle C. Dudek. Parties are directed to file a Case Management Report by 9/7/2022. (WRW) |
| Filing 2 NEW CASE ASSIGNED to Judge John E. Steele and Magistrate Judge Kyle C. Dudek. New case number: 2:22-cv-0462-JES-KCD. (SJB) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from Collier County, Twentieth Judicial Circuit, case number 11-2022-CA-001006 filed in State Court on 6/27/2022. Filing fee $402, receipt number AFLMDC-19826930 filed by Lexington Insurance Company. (Attachments: #1 State Court COMPLAINT Exhibit A - Complaint, #2 State Court Docket Sheet Docket, #3 State Court Other Documents Exhibits B thru H, #4 Civil Cover Sheet)(Vogt, Kelly) Modified on 8/2/2022, to edit docket text. (SPB). |
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| Plaintiff: Commodore Club, Unit 1, Inc. | |
| Represented By: | Calsie Marie Boyd |
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| Defendant: Lexington Insurance Company | |
| Represented By: | Kelly Vogt |
| Represented By: | Benjamin Burnstine |
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