Losito et al v. First Protective Insurance Company
Cheri Losito, David Losito and Edward Matheson |
First Protective Insurance Company d/b/a Frontline Insurance, First Protective Insurance Company and Frontline Insurance |
2:2023cv00210 |
March 24, 2023 |
US District Court for the Middle District of Florida |
John L Badalamenti |
Kyle C Dudek |
Nicholas P Mizell |
Insurance |
28 U.S.C. § 1332 Diversity-Notice of Removal |
Both |
Docket Report
This docket was last retrieved on May 5, 2023. A more recent docket listing may be available from PACER.
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Filing 18 DISREGARD--ENTERED IN INCORRECT CASE--HURRICANE IAN INTERIM PROTECTIVE ORDER which is referenced in and hereby attached to #17 the Hurricane Ian Scheduling Order. Signed by Magistrate Judge Nicholas P. Mizell on 5/5/2023. (Attachments: #1 Exhibit A)(CGW) Modified on 5/5/2023 (CGW). |
Filing 17 DISREGARD--ENTERED IN INCORRECT CASE-- HURRICANE IAN SCHEDULING ORDER: See Order for dates and details. Signed by Magistrate Judge Nicholas P. Mizell on 5/5/2023. (CGW) Modified on 5/5/2023 (CGW). |
Filing 16 TEXT ORDER. The parties filed the Joint Stipulation on Plaintiffs' Motion for Remand (Doc. #14), indicating that the parties have agreed to have this matter remanded to state court and have agreed that the Plaintiffs' claim for attorneys' fees and costs requested within the motion for remand be denied but Plaintiffs reserve their right to seek attorney's fees and costs upon remand under Florida law as pleaded in their complaint. Accordingly, Plaintiffs' Motion for Remand (Doc. #10) is GRANTED in part and DENIED in part. The action is REMANDED to the Circuit Court of the Twentieth Judicial Circuit, in and for Lee County, Florida. The Motion for Remand is DENIED to the extent it seeks any greater or different relief. The Clerk of Court is DIRECTED to transmit a certified copy of this Order to the Clerk of the Twentieth Judicial Circuit, in and for Lee County, Florida. The Clerk of Court is further DIRECTED to deny any pending motions as moot, terminate all deadlines, and close this case. Signed by Judge John L. Badalamenti on 4/18/2023. (RHG) |
Filing 15 NOTICE OF RESCHEDULING HEARING: The Preliminary Pretrial Conference scheduled for 5/23/2023 is rescheduled. New scheduling date and time: Preliminary Pretrial Conference set for 6/2/2023 at 10:00 AM before Magistrate Judge Nicholas P. Mizell. All instructions in Doc. 13 remain the same. (WRW) |
Filing 14 Joint STIPULATION re #10 MOTION to Remand to State Court by First Protective Insurance Company d/b/a Frontline Insurance. (Suarez, Joseph) Modified text on 4/14/2023 (SEH). |
Filing 13 NOTICE of hearing: Preliminary Pretrial Conference set for 5/23/2023 at 10:00 AM before Magistrate Judge Nicholas P. Mizell. Parties shall file a Case Management Report by 5/3/2023. 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: 23210. 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 12 NOTICE TO COUNSEL Samantha Elizabeth Habermehl of Local Rule 2.01(b)(1)(G), which requires members of the Middle District bar to register with the Middle District CM/ECF system by submitting an e-file registration through PACER. 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). (WRW) |
Filing 11 MOTION to Dismiss Complaint and/or Abate the Action and Compel Appraisal by First Protective Insurance Company d/b/a Frontline Insurance. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Suarez, Joseph) Modified text on 4/3/2023 (SEH). |
Filing 10 MOTION to Remand to State Court by Cheri Losito, David Losito, Edward Matheson. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Millard, Scott) |
Filing 9 NOTICE of Lead Counsel Designation by Scott G. Millard on behalf of Cheri Losito, David Losito, Edward Matheson. Lead Counsel: Scott G. Millard. (Millard, Scott) |
Filing 8 CIVIL Action Order Signed by All Divisional Judges on 3/28/2023. (SEH) |
Filing 7 COMPLAINT against First Protective Insurance Company d/b/a Frontline Insurance with Jury Demand filed by Cheri Losito, Edward Matheson, David Losito (Filed in State Court on 02/01/2023).(SEH) |
Filing 6 Case Reassigned to Magistrate Judge Nicholas P. Mizell. New case number: 2:23-cv-210-JLB-NPM. Magistrate Judge Kyle C. Dudek no longer assigned to the case. (SMG) |
Filing 5 NOTICE by First Protective Insurance Company d/b/a Frontline Insurance of Filing Civil Cover Sheet (Attachments: #1 Civil Cover Sheet)(Suarez, Joseph) |
Filing 4 NOTICE TO COUNSEL Joseph A. Suarez 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). (SEH) |
Filing 3 ENDORSED ORDER. Upon review of the docket, Judge Dudek finds that he must disqualify himself from these proceedings, pursuant to 28 U.S.C. 455 and in the interest of justice, because of a pending insurance claim with Defendant. The case shall be transferred to the next assigned Magistrate Judge in the Fort Myers Division. Signed by Magistrate Judge Kyle C. Dudek on 3/27/2023. (Dudek, Kyle) |
Filing 2 NEW CASE ASSIGNED to Judge John L. Badalamenti and Magistrate Judge Kyle C. Dudek. New case number: 2:23-cv-210-JLB-KCD. (ARC) |
Filing 1 COMPLAINT and NOTICE OF REMOVAL from Circuit Court for the Twentieth Judicial Circuit in and for Lee County, case number 23-CA-000623 filed in State Court on 2/1/23. Filing fee $402, receipt number AFLMDC-20648715 filed by First Protective Insurance Company d/b/a Frontline Insurance. (Attachments: #1 State Court COMPLAINT, #2 State Court Docket Sheet, #3 State Court Other Documents)(Suarez, Joseph) |
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