Kueppers v. Vantapro Specialty Insurance Company
| Michael G Kueppers |
| Vantapro Specialty Insurance Company |
| 2:2022cv00795 |
| December 14, 2022 |
| US District Court for the Middle District of Florida |
| Sheri Polster Chappell |
| Nicholas P Mizell |
| P.I.: Other |
| 28 U.S.C. ยง 1332 Diversity-(Citizenship) |
| Both |
Docket Report
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This docket was last retrieved on February 10, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 19 NOTICE of Disclosure of Initial Witness List by Michael G Kueppers (Linehan, Gregory) Modified text on 2/10/2023 (JK). |
| Filing 18 CASE MANAGEMENT REPORT. (Linehan, Gregory) |
Filing 17
ENDORSED ORDER, Before the Court is the parties' Stipulation of Voluntary Dismissal of Count II (Doc. #16). Federal Rule of Civil Procedure 41(a)(1)(A)(ii) allows a plaintiff to dismiss a claim voluntarily if a stipulation of dismissal is signed by all parties who have appeared. The dismissal is effective upon filing and requires no further action by the Court. See Anago Franchising, Inc. v. Shaz, LLC, 677 F.3d 1272, 1278 (11th Cir. 2012). Accordingly, Count II is DISMISSED without prejudice. This Order does not impact the remaining Counts in this case. Signed by Judge Sheri Polster Chappell on 1/10/2023. (LAH)
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| Filing 16 STIPULATION of Voluntary Dismissal of Count II by Michael G Kueppers. (Linehan, Gregory) Modified text on 1/10/2023 (JK). |
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Filing 15
ENDORSED ORDER denying Plaintiff's Notice of Voluntary Dismissal Without Prejudice Regarding Count II of Complaint (Doc. #14) because all parties who have appeared in this case did not sign it. See Fed. R. Civ. P. 41(a)(1)(ii). Federal Rule of Civil Procedure 41(a)(1)(A)(i) only allows a plaintiff to unilaterally dismiss an action voluntarily before the opposing party serves either an answer or a motion for summary judgment. An answer has already been filed in this case. The parties thus must file a proper stipulation of dismissal on or before January 11, 2023. Signed by Judge Sheri Polster Chappell on 1/4/2023. (LAH)
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| Filing 14 NOTICE of voluntary dismissal by Michael G Kueppers (Linehan, Gregory) |
| Filing 13 NOTICE of a related action per Local Rule 1.07(c) by Michael G Kueppers. Related case(s): Yes (Linehan, Gregory) |
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Filing 12
TEXT ORDER directing the clerk to strike #10 plaintiff's reply to defendant's affirmative defenses. A party may not file a reply to an answer unless the court orders one. See Fed. R. Civ. P. 7(a)(7) & 12(a)(1)(c). Signed by Magistrate Judge Nicholas P. Mizell on 12/22/2022. (BB)
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| Filing 11 NOTICE OF RESCHEDULING HEARING: The Preliminary Pretrial Conference scheduled for 2/17/2023 is rescheduled to 2/16/2023 at 10:00 AM before Magistrate Judge Nicholas P. Mizell. All telephonic instructions remain the same.(WRW) |
| Filing 10 STRICKEN per 12 Order -- REPLY to affirmative defenses by Michael G Kueppers. (Linehan, Gregory) Modified to STRIKE on 12/23/2022 (JK). |
| Filing 9 NOTICE of hearing: Preliminary Pretrial Conference set for 2/17/2023 at 10:00 AM before Magistrate Judge Nicholas P. Mizell. Parties shall file a Case Management Report by 1/30/2023. 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: 22795. 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 8 NOTICE of change of address by Gregory P. Linehan (Linehan, Gregory) |
| Filing 7 NOTICE of Filing Civil Cover Sheet per 6 Notice to Counsel of Local Rule by Vantapro Specialty Insurance Company re #1 Notice of Removal (Lever, Daniel) Modified text on 12/16/2022 (JK). |
| Filing 6 NOTICE to counsel Daniel R. Lever 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 5 CIVIL Action Order Signed by All Divisional Judges on 12/15/2022. (JK) |
| Filing 4 ANSWER and affirmative defenses to #3 Complaint with Jury Demand by Vantapro Specialty Insurance Company. FILED in State Court by previous counsel on 11/30/2022.(JK) |
| Filing 3 COMPLAINT against Vantapro Specialty Insurance Company with Jury Demand filed by Michael G Kueppers. FILED in State Court on 11/08/2022.(JK) |
| Filing 2 NEW CASE ASSIGNED to Judge Sheri Polster Chappell and Magistrate Judge Nicholas P. Mizell. New case number: 2:22-cv-0795-SPC-NPM. (SJB) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from Lee County Circuit Court, case number 2022-CA-004713 filed in State Court on November 8, 2022. Filing fee $402, receipt number AFLMDC-20305974 filed by Vantapro Specialty Insurance Company. (Attachments: #1 State Court COMPLAINT, #2 State Court ANSWER, #3 Exhibit C State Court Pending Motion, #4 State Court Docket Sheet, #5 State Court Other Documents, #6 Exhibit F - Demand Letter, #7 Composite Exhibit G)(Lever, Daniel) Modified text on 12/15/2022 (JK). |
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| Plaintiff: Michael G Kueppers | |
| Represented By: | Gregory P. Linehan |
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| Defendant: Vantapro Specialty Insurance Company | |
| Represented By: | Daniel R. Lever |
| Represented By: | Pedro J Chavarriaga |
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