Levin et al v. Amica Mutual Insurance Company
| David Levin and Denise Levin |
| Amica Mutual Insurance Company |
| 2:2022cv00687 |
| October 20, 2022 |
| US District Court for the Middle District of Florida |
| Sheri Polster Chappell |
| Kyle C Dudek |
| Insurance |
| 28 U.S.C. § 1441 Notice of Removal-Breach of Contract |
| Both |
Docket Report
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This docket was last retrieved on December 12, 2022. A more recent docket listing may be available from PACER.
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| Filing 39 JOINT NOTICE OF SELECTION of Larry Pivacek as mediator by David Levin, Denise Levin. (Birs, Brittany) Modified text on 12/13/2022 (JK). |
Filing 38
ENDORSED ORDER striking #37 Plaintiffs' 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 12/12/2022. (BLW)
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| Filing 37 STRICKEN per 38 Order -- NOTICE of filing Mandatory Initial Disclosures Rule 26(a)(1) by David Levin, Denise Levin (Birs, Brittany) Modified text and to reflect STRICKEN on 12/12/2022 (JK). |
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Filing 36
ENDORSED ORDER. Before the Court is Defendant Amica Mutual Insurance Company's Request for Clarification of Court Order Regarding Diversity Jurisdiction. (Doc. #35). Given the parties' Amended Disclosure Statements (Doc. #33; Doc. #34), the Court is satisfied diversity exists. Defendant need not further supplement its Notice of Removal at this time. Signed by Judge Sheri Polster Chappell on 12/9/2022. (LAF)
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| Filing 35 MOTION for Miscellaneous Relief, specifically Request for Clarification of Court Order Regarding Diversity Jurisdiction by Amica Mutual Insurance Company. (Koltnow, Amy) Motions referred to Magistrate Judge Kyle C. Dudek. |
| Filing 34 AMENDED CERTIFICATE of interested persons and corporate disclosure statement by Amica Mutual Insurance Company. (Koltnow, Amy) Modified text on 12/9/2022 (JK). |
| Filing 33 AMENDED CERTIFICATE of interested persons and corporate disclosure statement by David Levin, Denise Levin. (Birs, Brittany) Modified text and to reflect counsel notified of full use of case number on filings on 12/8/2022 (JK). |
| Filing 32 NOTICE of Lead Counsel Designation by Brittany Birs on behalf of David Levin, Denise Levin. Lead Counsel: Brittany Birs. (Birs, Brittany) |
| Filing 31 CERTIFICATE of interested persons and corporate disclosure statement by David Levin, Denise Levin. (Birs, Brittany) Modified text and to reflect counsel notified of full use of case number on filings on 12/8/2022 (JK). |
| Filing 30 NOTICE of Lead Counsel Designation by Amy Lyn Koltnow on behalf of Amica Mutual Insurance Company. Lead Counsel: Amy L. Koltnow. (Koltnow, Amy) |
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Filing 29
CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 1/4/2023; Joinder of Parties due by 1/4/2023; Discovery due by 12/29/2023; Dispositive motions due by 1/26/2024; Pretrial statement due by 7/12/2024; All other motions due by 7/8/2024; Plaintiff disclosure of expert report due by 9/30/2023; Defendant disclosure of expert report due by 10/30/2023; Final Pretrial Conference set for 7/26/2024 at 09:30 AM in Ft. Myers Courtroom 5 D before Judge Sheri Polster Chappell; Jury Trial set for 8/5/2024 trial term in Ft. Myers Courtroom 5 D before Judge Sheri Polster Chappell. Conduct mediation hearing by 1/5/2024. Lead counsel to coordinate dates. Signed by Magistrate Judge Kyle C. Dudek on 12/5/2022. (CGW)
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| Filing 27 Minute Entry. Virtual Proceedings held before Magistrate Judge Kyle C. Dudek: granting 24 ORAL Motion for Extension of Time to File notice of selection of mediator by 12/12/2022; granting 25 ORAL Motion for Extension of Time to File designation of lead counsel by 12/12/2022; granting 26 ORAL Motion for Extension of Time to File amended corporate disclosure statement by 12/7/2022; PRELIMINARY PRETRIAL CONFERENCE held on 12/5/2022. (Digital) (CGW) |
| Filing 26 ORAL MOTION for Extension of Time to File amended corporate disclosure statement by David Levin, Denise Levin by 12/7/2022. (CGW) Motions referred to Magistrate Judge Kyle C. Dudek. |
| Filing 25 ORAL MOTION for Extension of Time to File designation of lead counsel by 12/12/2022. (CGW) Motions referred to Magistrate Judge Kyle C. Dudek. |
| Filing 24 ORAL MOTION for Extension of Time to File notice of selection of mediator by 12/12/2022. (CGW) Motions referred to Magistrate Judge Kyle C. Dudek. |
| Filing 23 CERTIFICATE of interested persons and corporate disclosure statement by David Levin, Denise Levin. (Birs, Brittany) |
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Filing 22
ENDORSED ORDER granting #20, #21 Motions to Appear Remotely at the Preliminary Pretrial Conference. The PPTC will be conducted via Zoom with information to join provided separately. Signed by Magistrate Judge Kyle C. Dudek on 12/2/2022. (BLW)
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| Filing 21 Unopposed MOTION for Brittany Birs to appear telephonically or for remote appearance at Preliminary Pretrial Conference by All Plaintiffs. (Birs, Brittany) Motions referred to Magistrate Judge Kyle C. Dudek. |
| Filing 20 Unopposed MOTION for Amy L. Koltnow to appear telephonically or for Remote Appearance at Preliminary Pretrial Conference by Amica Mutual Insurance Company. (Koltnow, Amy) Motions referred to Magistrate Judge Kyle C. Dudek. |
| Filing 19 NOTICE of a related action per Local Rule 1.07(c) by Amica Mutual Insurance Company. Related case(s): No (Koltnow, Amy) |
| Filing 18 CASE MANAGEMENT REPORT. (Koltnow, Amy) |
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Filing 17
ORDERED: Defendant Amica's request for jurisdictional discovery is GRANTED. Amica shall have up to and including December 16, 2022 to complete jurisdictional discovery limited to Plaintiffs' domicile at the time the Complaint was filed. Amica must further SUPPLEMENT its Notice of Removal on or before December 19, 2022 Signed by Judge Sheri Polster Chappell on 11/17/2022. (AEH)
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| Filing 16 NOTICE of Filing re: #14 Order by Amica Mutual Insurance Company (Attachments: #1 Exhibit N of Removal to Us District Court)(Koltnow, Amy) Modified text on 11/9/2022 (JK). |
| Filing 15 SECOND SUPPLEMENT re #1 Notice of Removal re #14 Order to show cause by Amica Mutual Insurance Company. (Attachments: #1 Exhibit 1 - FL Warranty Deed, #2 Exhibit 2 - FL HO Policy, #3 Exhibit 3 - Lee County Real Estate Taxes, #4 Exhibit 4 - Auto policy 11 14 22, #5 Exhibit 5 - FL home application Levin, #6 Exhibit 6 - Current HO policy New Hampshire)(Koltnow, Amy) Modified text on 11/9/2022 (JK). |
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Filing 14
ORDERED: Defendant Amica Mutual Insurance Company must SUPPLEMENT its Notice of Removal on or before November 9, 2022, to show cause why this case should not be remanded for lack of subject-matter jurisdiction. Amica must further SUPPLEMENT its Notice of Removal, to the extent necessary, with a legible copy of each paper docketed in the state court on or before November 9, 2022. Failure to comply with this Order will cause this case being remanded without further notice. Signed by Judge Sheri Polster Chappell on 11/2/2022. (AEH)
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Filing 13
ENDORSED ORDER. After review of Defendant's Supplement to the Notice of Removal (Doc. #12), the Court will take no further action on #9 its Order re subject-matter jurisdiction. Signed by Magistrate Judge Kyle C. Dudek on 10/24/2022. (BLW) .
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| Filing 12 SUPPLEMENT re #1 Notice of Removal by Amica Mutual Insurance Company (Koltnow, Amy) Modified text and to reflect counsel notified of full use of case number on filings on 10/24/2022 (JK). |
| Filing 11 CERTIFICATE of interested persons and corporate disclosure statement by Amica Mutual Insurance Company. (Koltnow, Amy) Modified text and to reflect counsel notified of full use of case number on filings on 10/24/2022 (JK). |
| Filing 10 ANSWER and affirmative defenses to #3 Complaint with Jury Demand by Amica Mutual Insurance Company.(Koltnow, Amy) |
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Filing 9
ORDER. Defendant must supplement the Notice of Removal to show why the Court should not remand this case for lack of subject-matter jurisdiction by November 4, 2022. Failure to do so will result in a recommendation this case be remanded for lack of subject-matter jurisdiction. Signed by Magistrate Judge Kyle C. Dudek on 10/21/2022. (Dudek, Kyle)
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| Filing 8 NOTICE of hearing: Preliminary Pretrial Conference set for 12/5/2022 at 09:45 AM in Ft. Myers Courtroom 4 E before Magistrate Judge Kyle C. Dudek. Case Management Report due by 11/29/2022.(CGW) |
| Filing 7 CIVIL Cover Sheet re #1 Notice of Removal by Amica Mutual Insurance Company. (Koltnow, Amy) Modified text on 10/20/2022 (JK). |
| Filing 6 NOTICE to counsel Brittany Birs 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). (JK) |
| Filing 5 NOTICE to counsel Amy Lyn Koltnow that Form JS 44 Civil Cover Sheet is required for the Clerk of Court to initiate a civil docket sheet. File the Civil Cover Sheet in this action using the Notice (Other) event. (Signed by Deputy Clerk). (JK) |
| Filing 4 CIVIL Action Order Signed by All Divisional Judges on 10/20/2022. (JK) |
| Filing 3 COMPLAINT against Amica Mutual Insurance Company with Jury Demand filed by David Levin, Denise Levin. FILED in State Court on 09/09/2022.(JK) |
| Filing 2 NEW CASE ASSIGNED to Judge Sheri Polster Chappell and Magistrate Judge Kyle C. Dudek. New case number: 2:22-cv-0687-SPC-KCD. (SJB) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from Lee County Clerk of Court, case number 22-CA-003953 filed in State Court on September 9, 2022. Filing fee $402, receipt number AFLMDC-20113342 filed by All Defendants. (Attachments: #1 State Court COMPLAINT, #2 State Court Other Documents Composite A, #3 Exhibit B 2022 Foreign Profit Corp, #4 Exhibit C Amica Coverage Position Letter, #5 Exhibit D Plaintiffs Damage Estimate)(Koltnow, Amy) Modified text on 10/20/2022 (JK). |
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