Hardy v. Ace Insurance Company of the Midwest
| John Hardy and Ruth Hardy |
| Ace Insurance Company of the Midwest |
| 2:2023cv00221 |
| March 30, 2023 |
| US District Court for the Middle District of Florida |
| Sheri Polster Chappell |
| Kyle C Dudek |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Insurance Contract |
| Both |
Docket Report
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This docket was last retrieved on May 25, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 32 NOTICE of a related action per Local Rule 1.07(c) by John Hardy, Ruth Hardy. Related case(s): No (Benjamin, Robin) |
| Filing 31 Joint NOTICE OF SELECTION of Frank Allocca as mediator by Ace Insurance Company of the Midwest. (Farrant, Laura) Modified text on 5/23/2023 (SEH). |
| Filing 30 NOTICE of Lead Counsel Designation by Laura Farach Farrant on behalf of Ace Insurance Company of the Midwest. Lead Counsel: Laura F. Farrant, Esq. (Farrant, Laura) |
Filing 29
CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 6/21/2023; Joinder of Parties due by 6/21/2023; Discovery due by 5/24/2024; Dispositive motions due by 6/21/2024; Pretrial statement due by 12/6/2024; All other motions due by 12/2/2024; Plaintiff disclosure of expert report due by 2/24/2024; Defendant disclosure of expert report due by 3/25/2024; Final Pretrial Conference set for 12/20/2024 at 09:30 AM in Ft. Myers Courtroom 5 D before Judge Sheri Polster Chappell; Jury Trial set for 1/6/2025 trial term in Ft. Myers Courtroom 5 D before Judge Sheri Polster Chappell. Conduct mediation hearing by 5/31/2024. Lead counsel to coordinate dates. Signed by Magistrate Judge Kyle C. Dudek on 5/22/2023. (CGW)
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| Filing 27 Minute Entry. Virtual Proceedings held before Magistrate Judge Kyle C. Dudek: granting 24 JOINT ORAL Motion for Extension of Time to File Notice of Selection of Mediator by 5/29/23; granting 25 Plaintiff's ORAL Motion for Extension of Time to File Notice of Designation of Lead Counsel by 5/29/23; granting 26 Defendant's ORAL Motion for Extension of Time to File Notice of Related Action by 5/29/23; PRELIMINARY PRETRIAL CONFERENCE held on 5/22/2023. (Digital) (CGW) |
| Filing 26 ORAL MOTION for Extension of Time to File Notice of Related Action by 5/29/23 by Ace Insurance Company of the Midwest. (CGW) Motions referred to Magistrate Judge Kyle C. Dudek. |
| Filing 25 ORAL MOTION for Extension of Time to File Notice of Designation of Lead Counsel by 5/29/23 by All Plaintiffs. (CGW) Motions referred to Magistrate Judge Kyle C. Dudek. |
| Filing 24 JOINT ORAL MOTION for Extension of Time to File notice of selection of mediator by 5/29/23. (CGW) Motions referred to Magistrate Judge Kyle C. Dudek. |
| Filing 23 NOTICE of Lead Counsel Designation by Robin D. Benjamin on behalf of John Hardy, Ruth Hardy. Lead Counsel: Robin Benjamin. (Benjamin, Robin) |
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Filing 22
ENDORSED ORDER striking #21 Plaintiffs' Reply to Defendant's Affirmative Defenses. In federal court, a reply pleading is not a matter of right, and it's almost never necessary. Fed. R. Civ. P. 7(a), 8(b)(6). If Plaintiffs intend to file a reply--after reviewing the Federal Rules--they must file an appropriate motion. The Clerk is directed to note that the filing is stricken. Signed by Magistrate Judge Kyle C. Dudek on 5/15/2023. (BLW)
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| Filing 21 STRICKEN per Order 22--REPLY to affirmative defenses by John Hardy. (Benjamin, Robin) Modified on 5/16/2023 to strike pursuant to endorsed order 22 (SEH). |
| Filing 20 ANSWER and affirmative defenses with Jury Demand to #13 Amended Complaint by Ace Insurance Company of the Midwest.(Daniel, Veronica) |
| Filing 19 CASE MANAGEMENT REPORT. (Daniel, Veronica) |
| Filing 18 NOTICE of Appearance by Veronica Daniel on behalf of Ace Insurance Company of the Midwest. (Daniel, Veronica) Modified text on 5/10/2023 (SEH). |
| Filing 17 NOTICE OF RESCHEDULING HEARING: The Preliminary Pretrial Conference hearing previously scheduled for 5/15/23 is rescheduled. New scheduling date and time: Preliminary Pretrial Conference set for 5/22/2023 at 09:15 AM via Zoom Video Conference before Magistrate Judge Kyle C. Dudek. Zoom instructions will be sent via separate email to counsel of record. (CGW) |
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Filing 16
ENDORSED ORDER granting #15 Motion for Extension of Time to Answer. Given Defendant's motion is unopposed, and the Court otherwise finding good cause, the deadline to answer the complaint is extended to May 15, 2023. Signed by Magistrate Judge Kyle C. Dudek on 5/6/2023. (Dudek, Kyle)
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| Filing 15 Unopposed MOTION for Extension of Time to File Answer re #13 Amended Complaint by Ace Insurance Company of the Midwest. (Daniel, Veronica) Motions referred to Magistrate Judge Kyle C. Dudek. |
| Filing 14 NOTICE of Lead Counsel Designation by Laura Farach Farrant on behalf of Ace Insurance Company of the Midwest. Lead Counsel: Laura F. Farrant. (Farrant, Laura) |
| Filing 13 AMENDED COMPLAINT against Ace Insurance Company of the Midwest with Jury Demandfiled by John Hardy.(Benjamin, Robin) |
| Filing 12 AMENDED COMPLAINT against Ace Insurance Company of the Midwest with Jury Demand filed by John Hardy.(Benjamin, Robin) Modified on 4/20/2023 - counsel notified to refile document with correct title (SEH). |
| Filing 11 Unopposed MOTION for Extension of Time to Respond to Plaintiff's Complaint by Ace Insurance Company of the Midwest. (Delaney, Timothy) Motions referred to Magistrate Judge Kyle C. Dudek. Modified text on 4/12/2023 (SEH). |
| Filing 10 ENDORSED ORDER. Defendant failed to respond to the Complaint by 4/6/2023. See Fed. R. Civ. P. 81(c)(2). By 4/14/2023, Defendant must respond to the Complaint or move for an extension of time. Failure to do so may result in an entry of default against Defendant.(AK) |
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ENDORSED ORDER granting #11 Motion for Extension of Time. Given Defendant's motion is unopposed, and the Court otherwise finding good cause, the deadline to answer the complaint is extended to April 27, 2023. Signed by Magistrate Judge Kyle C. Dudek on 4/11/2023. (Dudek, Kyle)
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Filing 9
ENDORSED ORDER denying without prejudice #8 Motion for Extension of Time because Defendant has not identified the length of its requested extension. The Court declines to order an open-ended extension of time. Signed by Magistrate Judge Kyle C. Dudek on 4/6/2023. (Dudek, Kyle)
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| Filing 8 Unopposed MOTION for Extension of Time to File Answer re #1 Complaint by Ace Insurance Company of the Midwest. (Delaney, Timothy) Motions referred to Magistrate Judge Kyle C. Dudek. Modified event and text on 4/7/2023 (SEH). |
| Filing 7 CORPORATE Disclosure Statement by Ace Insurance Company of the Midwest identifying Corporate Parent Chubb Ltd, Corporate Parent Chubb Ltd. for Ace Insurance Company of the Midwest.. (Delaney, Timothy) |
| Filing 6 CERTIFICATE of interested persons and corporate disclosure statement by John Hardy identifying Corporate Parent Spyglass of Naples, Other Affiliate The Cantor Group for John Hardy. (Benjamin, Robin) |
| Filing 5 CIVIL Action Order Signed by All Divisional Judges on 4/3/2023. (SEH) |
| Filing 4 COMPLAINT against Ace Insurance Company of the Midwest with Jury Demand filed by John Hardy (Filed on 03/01/2023).(SEH) |
| Filing 3 NOTICE of hearing: Preliminary Pretrial Conference set for 5/15/2023 at 09:45 AM via Zoom Video Conference before Magistrate Judge Kyle C. Dudek. Case Management Report due by 5/9/2023. Zoom instructions will be sent via separate email to counsel of record. (CGW) |
| Filing 2 NEW CASE ASSIGNED to Judge Sheri Polster Chappell and Magistrate Judge Kyle C. Dudek. New case number: 2:23-cv-00221-SPC-KCD. (ER) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from 20th Circuit Court, case number 11-2023-CA-000345-0001-XX filed in State Court on March 1, 2023 (Filing fee $402, receipt number AFLMDC-20671368) filed by Ace Insurance Company of the Midwest. (Attachments: #1 Exhibit A - Civil Cover Sheet, #2 Exhibit B - State Court Docket Sheet, #3 Exhibit C - Civil Cover Sheet, #4 Exhibit D - State Court COMPLAINT, #5 Exhibit E - Plaintiff's First Request to Produce Defendant, #6 Exhibit F - Plaintiff's First Interrogatories to Defendant, #7 Exhibit G - State Court Summons, #8 Exhibit H - Standing Order, #9 Exhibit I - State Court Receipt, #10 Exhibit J - State Court Notice of Appearance, #11 Exhibit K - State Court Motion for Extension of Time, #12 Exhibit L - Composite- Property Appraiser Records and Deed, #13 Exhibit M - Notice of Intent to Litigate, #14 Exhibit N - Estimate from NOI)(Delaney, Timothy) Modified text on 4/3/2023 (SEH). |
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