Mitsch et al v. Liberty Mutual Insurance Company
| Mike Mitsch and Teresa Mitsch |
| Liberty Mutual Insurance Company |
| 2:2023cv00381 |
| May 30, 2023 |
| US District Court for the Middle District of Florida |
| Kyle C Dudek |
| John E Steele |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Both |
Docket Report
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This docket was last retrieved on July 18, 2023. A more recent docket listing may be available from PACER.
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| Filing 23 NOTICE of a related action per Local Rule 1.07(c) by Mike Mitsch, Teresa Mitsch. Related case(s): Yes (Schilling, Jeremy) |
| Filing 22 NOTICE of mediation conference/hearing to be held on 10/04/2023 at 10:00 am before Robert Flayman.(Schilling, Jeremy) |
Filing 21
ENDORSED ORDER granting #20 joint motion for leave to conduct remote mediation because the parties assure the court that a mediation by videoconference will be just as effective as an in-person mediation. Signed by Magistrate Judge Kyle C. Dudek on 6/29/2023. (BLW)
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| Filing 20 Joint MOTION for Miscellaneous Relief, specifically for Leave to Mediate by Videoconference by Liberty Mutual Insurance Company. (Novaes, Jamie) Motions referred to Magistrate Judge Kyle C. Dudek. |
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Filing 19
ENDORSED ORDER granting #18 Motion for Leave to File Motion to Mediate by Videoconference. By 6/30/23, the parties may seek leave to mediate by videoconference (with appropriate assurances they would be just as likely to resolve this matter). Signed by Magistrate Judge Kyle C. Dudek on 6/27/2023. (Dudek, Kyle)
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| Filing 18 Joint MOTION for Leave to File Other Document: Joint Notice and Motion to Mediate Via Video Conference by Liberty Mutual Insurance Company. (Novaes, Jamie) Modified text on 6/27/2023 (JK). |
| Filing 17 NOTICE of withdrawal of #11 MOTION for mediation conference/hearing by Mike Mitsch, Teresa Mitsch (Schilling, Jeremy) Modified text on 6/23/2023 (JK). |
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Filing 16
ENDORSED ORDER denying #11 the parties' construed request to mediate by videoconference. The "attend" requirement in the scheduling order requires in-person participation. By 6/23/23, the parties must seek leave to mediate by videoconference (with appropriate assurances they would be just as likely to resolve this matter). If no motion is filed, the Court will assume an in-person mediation will occur. Further, two notices of mediation were filed (Docs. #10, #11) with different mediation dates. The parties should clarify the date that mediation will occur. Signed by Magistrate Judge Kyle C. Dudek on 6/20/2023. (BLW)
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Filing 15
ENDORSED ORDER striking #14 Plaintiffs' Reply to Defendant's Answer and 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. Signed by Magistrate Judge Kyle C. Dudek on 6/20/2023. (BLW)
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| Filing 14 STRICKEN per Order 15--REPLY to affirmative defenses by Mike Mitsch, Teresa Mitsch. (Schilling, Jeremy) Modified on 6/22/2023 to strike pursuant to endorsed order 15 (SEH). |
| Filing 13 CERTIFICATE of compliance Joint Certification of Familiarity with Local Rules and Orders by Liberty Mutual Insurance Company. (Novaes, Jamie) |
| Filing 12 ANSWER and affirmative defenses with Jury Demand to #8 Amended Complaint by Liberty Mutual Insurance Company.(Novaes, Jamie) |
| Filing 11 MOTION for mediation conference/hearing to be held on 10/24/2023 at 1:00 p.m. before Julie Walbroel.(Schilling, Jeremy) Modified event and text on 6/20/2023 (SEH). |
| Filing 10 NOTICE of mediation conference/hearing to be held on 10/04/2023 at 10:00 am before Robert Flayman.(Schilling, Jeremy) |
| Filing 9 NOTICE OF SELECTION of Robert Flaymann as mediator by Mike Mitsch, Teresa Mitsch.(Schilling, Jeremy) |
| Filing 8 AMENDED COMPLAINT against Liberty Mutual Insurance Company with Jury Demand filed by Mike Mitsch, Teresa Mitsch.(Schilling, Jeremy) Modified text on 6/7/2023 (SEH). |
| Filing 7 NOTICE of a related action per Local Rule 1.07(c) by Mike Mitsch, Teresa Mitsch. Related case(s): No (Schilling, Jeremy) |
| Filing 6 NOTICE of Lead Counsel Designation by Matthew J. Lavisky on behalf of Liberty Mutual Insurance Company. Lead Counsel: Matthew J. Lavisky. (Lavisky, Matthew) |
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Filing 5
HURRICANE IAN INTERIM PROTECTIVE ORDER which is referenced in and hereby attached to #4 the Case Management Scheduling Order (Hurricane Ian). Signed by Magistrate Judge Kyle C. Dudek on 5/31/2023. (Attachments: #1 Exhibit A) (CGW)
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Filing 4
CASE MANAGEMENT AND SCHEDULING ORDER: (HURRICANE IAN) See Order for dates and details. Signed by Magistrate Judge Kyle C. Dudek on 5/31/2023. (CGW)
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| Filing 3 NOTICE of Lead Counsel Designation by Jeremy Theodore Schilling on behalf of Mike Mitsch, Teresa Mitsch. Lead Counsel: Jeremy T. Schilling. (Schilling, Jeremy) |
| Filing 2 NEW CASE ASSIGNED to Judge John E. Steele and Magistrate Judge Kyle C. Dudek. New case number: 2:23-cv-381-JES-KCD. (ARC) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from Lee County Circuit Court, case number 23-CA-005916 filed in State Court on April 21, 2023 (Filing fee $402, receipt number AFLMDC-20885265) filed by Liberty Mutual Insurance Company. (Attachments: #1 State Court COMPLAINT, #2 State Court Docket Sheet, #3 State Court Other Documents - Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Civil Cover Sheet)(Novaes, Jamie) Modified text on 5/31/2023 (SEH). |
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