Hernandez v. Wilshire Insurance Company
| Landy Martinez Hernandez |
| Wilshire Insurance Company |
| 2:2023cv00525 |
| July 14, 2023 |
| US District Court for the Middle District of Florida |
| Sheri Polster Chappell |
| Kyle C Dudek |
| Contract: Other |
| 28 U.S.C. § 1446 Breach of Contract- Insurance |
| Both |
Docket Report
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This docket was last retrieved on September 6, 2023. A more recent docket listing may be available from PACER.
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Filing 27
ENDORSED ORDER. Upon review of the Notice of Selection of Mediator (Doc. #26), the Court notes that the parties have not selected a certified mediator for the Middle District of Florida, nor justified the use of a non-certified mediator, as required by the Hurricane Ian Scheduling Order (Doc. #5 at 16.) Accordingly, the parties must select a mediator from this Court's approved list, or justify the use of a non-certified mediator, by 9/13/23. Signed by Magistrate Judge Kyle C. Dudek on 9/6/2023. (BLW)
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| Filing 26 NOTICE OF SELECTION of Ilida C. Alvarez, Esq. as mediator by Landy Martinez Hernandez. (Moises, Jesus) |
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Filing 25
ENDORSED ORDER directing the clerk to strike the parties' case management report (Doc. #24). A case management report should not be filed in an action in which the court enters a special scheduling order at the outset. M.D. Fla. R. 3.02(d)(1). Signed by Magistrate Judge Kyle C. Dudek on 8/24/2023. (BLW)
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| Filing 24 STRIKEN per 25 Order; CASE MANAGEMENT REPORT. (Baggett, Sarah) (Modified on 8/25/2023 to edit docket text) (JDR). |
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Filing 23
ENDORSED ORDER striking #21 Plaintiff's 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 Plaintiff intends to file a reply--after reviewing the Federal Rules-- an appropriate motion must be filed. Signed by Magistrate Judge Kyle C. Dudek on 8/11/2023. (BLW)
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| Filing 22 NOTICE by Wilshire Insurance Company re 20 Order to Strike Amended Joint Certification on Familiarity (Baggett, Sarah) |
| Filing 21 STRICKEN per 23 Order- REPLY to affirmative defenses by Landy Martinez Hernandez. (Moises, Jesus) Modified on 8/14/2023 (JTM). |
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Filing 20
ENDORSED ORDER striking #19 the joint certificate for failure to comply with #5 the Hurricane Ian Scheduling Order. The filing does not certify that the parties will abide by the Court's local rules and orders. The Scheduling Order requires the parties to certify two things: (1) they are familiar with and will abide by the court's local rules, and (2) they are familiar with and will abide by the orders entered as of their certification date. Thus, the parties must file a corrected certification by 8/11/2023. Signed by Magistrate Judge Kyle C. Dudek on 8/9/2023. (BLW)
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| Filing 19 **STRICKEN PER ORDER 20** NOTICE by Wilshire Insurance Company re 18 Order #5 Case Management Scheduling Order Joint Certification of Familiarity (Baggett, Sarah) Modified text on 8/11/2023 (KME). |
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Filing 18
ENDORSED ORDER. The #5 Hurricane Ian Scheduling Order requires a joint certification that the parties are familiar with and will abide by the court's local rules and orders entered as of the certification date. The parties failed to file a certification by the required date. They must promptly file the certification, or, by 8/10/2023, they must show cause why they should not be sanctioned for neither participating in the filing of the joint notice nor seeking any relief from the certification requirement. Signed by Magistrate Judge Kyle C. Dudek on 8/7/2023. (AK)
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Filing 17
ENDORSED ORDER. On July 20, 2023, the Court directed Defendant to supplement its Notice of Removal to show why this Court has subject matter jurisdiction. (Doc. #7). Based on Defendant's response (Doc. #13), the Court will take no further action on its Order. Signed by Judge Sheri Polster Chappell on 8/3/2023. (LAF)
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| Filing 16 CERTIFICATE of interested persons and corporate disclosure statement by Landy Martinez Hernandez. (Moises, Jesus) |
| Filing 15 NOTICE of a related action per Local Rule 1.07(c) by Landy Martinez Hernandez. Related case(s): No (Moises, Jesus) |
| Filing 14 NOTICE of Lead Counsel Designation by Jesus David Moises on behalf of Landy Martinez Hernandez. Lead Counsel: Jesus D. Moises. (Moises, Jesus) |
| Filing 13 SUPPLEMENT re #7 Order to show cause, #1 Notice of Removal by Wilshire Insurance Company. (Attachments: #1 Exhibit A)(Baggett, Sarah) |
| Filing 12 NOTICE TO COUNSEL Daniel R. Gross 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). (WRW) |
| Filing 11 CORPORATE Disclosure Statement by Wilshire Insurance Company. (Baggett, Sarah) |
| Filing 10 NOTICE of Lead Counsel Designation by Sarah M. Baggett on behalf of Wilshire Insurance Company. Lead Counsel: Sarah M. Baggett, Esq. (Baggett, Sarah) |
| Filing 9 NOTICE of a related action per Local Rule 1.07(c) by Wilshire Insurance Company. Related case(s): No (Baggett, Sarah) |
| Filing 8 ANSWER and affirmative defenses to Complaint with Jury Demand by Wilshire Insurance Company.(Baggett, Sarah) |
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Filing 7
ORDERED: Defendant Wilshire Insurance Company must SUPPLEMENT its Notice of Removal (Doc. #1) on or before August 3, 2023, to show cause why this case should not be remanded for lack of subject-matter jurisdiction. Failure to follow this Order will cause this case being remanded without further notice. Signed by Judge Sheri Polster Chappell on 7/20/2023. (AEH)
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Filing 6
HURRICANE IAN INTERIM PROTECTIVE ORDER which is referenced in and attached to #5 the Case Management Scheduling Order (Hurricane Ian). Signed by Magistrate Judge Kyle C. Dudek on 7/18/2023. (Attachments: #1 Exhibit A)(CGW)
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Filing 5
CASE MANAGEMENT AND SCHEDULING ORDER (HURRICANE IAN) : See Order for dates and details. Signed by Magistrate Judge Kyle C. Dudek on 7/18/2023. (CGW)
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| Filing 4 CIVIL Action Order. Signed by All Divisional Judges on 7/18/2023. (CGW) |
| Filing 3 COMPLAINT against Wilshire Insurance Company Filed in State Court on 5/5/2023. (Attachments: #1 State Court Other Documents) (ABC). Modified docket text on 7/21/2023 (JTM). |
| Filing 2 NEW CASE ASSIGNED to Judge Sheri Polster Chappell and Magistrate Judge Kyle C. Dudek. New case number: 2:23-cv-525-SPC-KCD. (ARC) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from Circuit Court of the 20th Judicial Circuit, case number 23-CA- 006306 filed in State Court on 5/5/23. Filing fee $402, receipt number AFLMDC-21043609 filed by Wilshire Insurance Company. (Attachments: #1 Civil Cover Sheet, #2 State Court Docket Sheet, #3 State Court COMPLAINT, #4 Proposed Summons, #5 State Court Other Documents Designation of Email Address, #6 State Court Other Documents Plaintiff's NOS of Interrogatories, #7 State Court Other Documents NOTD - IA, #8 State Court Other Documents NOTD - CR, #9 State Court Other Documents FRP, #10 State Court Other Documents Standing Order, #11 State Court Other Documents SOP, #12 State Court Other Documents Defendant's Motion for Enlargement of Time, #13 State Court Other Documents NOI)(Baggett, Sarah) |
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| Plaintiff: Landy Martinez Hernandez | |
| Represented By: | Jesus David Moises |
| Represented By: | Daniel R. Gross |
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| Defendant: Wilshire Insurance Company | |
| Represented By: | Sarah M. Baggett |
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