Davis v. Evanston Insurance Company et al
| Brenda Davis |
| Evanston Insurance Company, Howard Wehrenberg, TFTK of Fort Myers Inc dba Fun Rentals of Fort Myers Beach and TFTK of Fort Myers Inc. doing business as Fun Rentals of Fort Myers Beach |
| 2:2022cv00640 |
| October 11, 2022 |
| US District Court for the Middle District of Florida |
| John L Badalamenti |
| Kyle C Dudek |
| Insurance |
| 28 U.S.C. § 1446 Notice of Removal |
| Defendant |
Docket Report
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Filing 30
ENDORSED ORDER denying as moot #16 Motion for Re-Alignment of the Parties in light of the Court's order directing remand (Doc. 29). Should the case remain in this Court following the objection period, Defendant Evanston can refile its motion. Signed by Magistrate Judge Kyle C. Dudek on 12/5/2022. (Dudek, Kyle)
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Filing 29
ORDER granting in part and denying in part #12 Motion to Remand to State Court. Remand is granted, but attorneys' fees are denied. If no objections are filed within 14 days of this order, which is the time allotted under Fed. R. Civ. P. 72, the Clerk is directed to remand this case back to state court. If objections are timely filed, the Clerk is directed to hold disposition until so ordered by the District Judge. Signed by Magistrate Judge Kyle C. Dudek on 12/5/2022. (Dudek, Kyle)
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Filing 28
REPLY in Support of #12 Amended MOTION to Remand filed by Brenda Davis. (Brockmeyer, Alexander) Modified text on 12/2/2022 (SEH).
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Filing 27
NOTICE canceling Preliminary Pretrial Conference hearing scheduled for 11/28/2022. (CGW)
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Filing 26
ORDER granting #17 Motion to Stay. The Clerk is directed to stay this case pending further order from the Court. Signed by Magistrate Judge Kyle C. Dudek on 11/22/2022. (Dudek, Kyle)
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Filing 25
ENDORSED ORDER granting in part and denying in part #24 Motion for Leave to File Reply. Although Plaintiff's motion is opposed, the Court finds good cause to address it now without awaiting a response. Plaintiff may file a reply brief by 12/2/22 that does not exceed 5 pages. The reply brief is limited to addressing these two issues: whether the proceedings supplementary are ancillary; and whether the proceedings supplementary violates Florida's nonjoinder statute--section 627.4136. Signed by Magistrate Judge Kyle C. Dudek on 11/22/2022. (Dudek, Kyle)
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Filing 24
MOTION for Leave to File Reply by Brenda Davis. (Brockmeyer, Alexander) Modified text on 11/22/2022 (SEH).
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Filing 23
NOTICE of a related action per Local Rule 1.07(c) by Brenda Davis. Related case(s): Yes (Brockmeyer, Alexander)
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Filing 22
CASE MANAGEMENT REPORT. (Brockmeyer, Alexander)
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Filing 21
NOTICE of Lead Counsel Designation by Alexander Brockmeyer on behalf of Brenda Davis. Lead Counsel: Alexander Brockmeyer. (Brockmeyer, Alexander)
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Filing 20
CERTIFICATE of interested persons and corporate disclosure statement by Brenda Davis. (Brockmeyer, Alexander)
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Filing 19
NOTICE of Appearance by Stephen Mark Smith on behalf of Brenda Davis. (Smith, Stephen) Modified text on 11/21/2022 (SEH).
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Filing 18
RESPONSE to #12 Amended MOTION for Remand to State Court and for Sanctions filed by Evanston Insurance Company. (Palanda, Francesco) Modified text on 11/17/2022 (SEH).
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Filing 17
Unopposed MOTION to Stay or Extend Deadline for Completing Case Management Report and 26(f) Conference Pending Ruling on Motion to Remand by Brenda Davis. (Brockmeyer, Alexander) Modified text on 11/10/2022 (SEH).
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Filing 16
MOTION for Miscellaneous Relief, specifically for re-alignment of the parties by Evanston Insurance Company. (Attachments: #1 Exhibit A - Proceedings Supplementary Complaint)(Palanda, Francesco) Motions referred to Magistrate Judge Kyle C. Dudek. Modified docket text on 11/4/2022 (SPB).
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Filing 15
SUPPLEMENTARY COMPLAINT against Evanston Insurance Company, TFTK of Fort Myers Inc., Howard Wehrenberg with Jury Demand filed by Brenda Davis. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Filed in State Court, on date unknown.) (SPB)
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Filing 14
AMENDED NOTICE by Evanston Insurance Company re #5 Order (Attachments: #1 State Court Other Documents Proceedings Supplementary Complaint)(Palanda, Francesco) Modified docket text on 11/3/2022 (SPB).
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Filing 13
ENDORSED ORDER denying as moot #10 Motion to Remand to State Court in light of the Amended Motion for Remand to State Court (Doc. 12). Signed by Judge John L. Badalamenti on 11/2/2022. (JHA)
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Filing 12
Amended MOTION to Remand to State Court and for Sanctions by Brenda Davis. (Attachments: #1 Exhibit Plaintiff's Motion for Proceedings Supplementary, #2 Exhibit Order on Motion for Proceedings Supplementary)(Brockmeyer, Alexander)
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Filing 11
NOTICE by Evanston Insurance Company re #5 Order (Attachments: #1 State Court Other Documents Proceedings Supplementary Complaint)(Palanda, Francesco)
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Filing 10
MOTION to Remand to State Court and for Sanctions by Brenda Davis. (Attachments: #1 Exhibit Plaintiff's Motion for Proceedings Supplementary, #2 Exhibit Order on Motion for Proceedings Supplementary)(Brockmeyer, Alexander)
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Filing 9
ANSWER and affirmative defenses to Supplementary Complaint with Jury Demand by Evanston Insurance Company.(Palanda, Francesco) Modified to edit text on 10/19/2022 (SPB).
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Filing 8
CIVIL Action Order Signed by All Divisional Judges on 10/18/2022. (JK)
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Filing 7
NOTICE of Lead Counsel Designation by Alexander Brockmeyer on behalf of Brenda Davis. Lead Counsel: Alexander Brockmeyer. (Brockmeyer, Alexander)
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Filing 6
NOTICE of Appearance by Alexander Brockmeyer on behalf of Brenda Davis (Brockmeyer, Alexander)
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Filing 5
ORDER directing Evanston Insurance Company to file the complaint for proceedings supplementary and move to realign the parties by November 3, 2022. Signed by Magistrate Judge Kyle C. Dudek on 10/13/2022. (Dudek, Kyle)
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Filing 4
NOTICE of hearing: Preliminary Pretrial Conference set for 11/28/2022 at 09:45 AM in Ft. Myers Courtroom 4 E before Magistrate Judge Kyle C. Dudek. Case Management Report due by 11/21/2022.(CGW)
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Filing 3
NOTICE to counsel Sheba Rachel Abraham of Local Rule 2.01(a), which requires membership or special admission in the Middle District bar to practice in the Middle District, except for the limited exceptions identified in the Rule. To apply for membership in the Middle District, visit www.flmd.uscourts.gov/for-lawyers. 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). (SJB)
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Filing 2
NEW CASE ASSIGNED to Judge John L. Badalamenti and Magistrate Judge Kyle C. Dudek. New case number: 2:22-cv-0640-JLB-KCD. (SJB)
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Filing 1
COMPLAINT and NOTICE OF REMOVAL from 20th Judicial Circuit, case number CACE-19-CA- 006780 filed in State Court on 10/14/2019. Filing fee $402, receipt number AFLMDC-20077793 filed by Evanston Insurance Company. (Attachments: #1 State Court COMPLAINT State Complaint, #2 State Court ANSWER State Answer, #3 State Court Docket Sheet State Docket, #4 State Court Other Documents State Pleadings, #5 Civil Cover Sheet Federal Civil Cover Sheet, #6 Exhibit Policy)(Palanda, Francesco)
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