Mencia Lopez et al v. National Specialty Insurance Company
| Jose A Mencia Lopez and Dania G Andrade Reyes |
| National Specialty Insurance Company |
| 2:2023cv00708 |
| September 7, 2023 |
| US District Court for the Middle District of Florida |
| John L Badalamenti |
| Kyle C Dudek |
| Insurance |
| 28 U.S.C. § 1441 Notice of Removal |
| Both |
Docket Report
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This docket was last retrieved on October 31, 2023. A more recent docket listing may be available from PACER.
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| Filing 23 NOTICE OF SELECTION of Robert Daisley, Esq. as mediator by National Specialty Insurance Company. (Arend, Erica) |
Filing 22
ENDORSED ORDER. The #6 Hurricane Ian Scheduling Order requires the parties to file a joint notice of selection of mediator, but they failed to do so by the required date. They must promptly file the notice, or, by 11/7/2023, they must show cause why they should not be sanctioned for failing to timely file the notice or seek relief from the scheduling order's deadline. Signed by Magistrate Judge Kyle C. Dudek on 10/31/2023. (DM)
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Filing 21
ENDORSED ORDER striking #20 Defendant's Notice for Entry Upon Land as improperly filed discovery material. See Fed. R. Civ. P. 5(d)(1)(A); Middle District Discovery Handbook (2021) at Section I.C.1. The Clerk is directed to strike the filing and indicate on the docket that it was stricken by this Order. Further, the filing references Florida Rule of Civil Procedure 1.350, but the Federal Rules of Civil Procedure apply. See Fed. R. Civ. P. 81(c). The parties are expected to cooperate in discovery matters and if there is a dispute that needs to be brought to the Court's attention, a motion should be filed. Signed by Magistrate Judge Kyle C. Dudek on 10/30/2023. (BLW)
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| Filing 20 **STRICKEN per Order 21** NOTICE for Entry Upon Land Pursuant to Florida Rule of Civil Procedure 1.350 by National Specialty Insurance Company (Arend, Erica) Modified on 10/27/2023 (SPM). Modified on 10/30/2023 as to docket text (ARL). |
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Filing 19
ORDER denying #13 Motion to Stay Discovery pending the conclusion of mediation. National has not demonstrated good cause or reasonableness for entering a stay. Nor is the Court persuaded that National would be prejudiced or highly burdened by engaging in discovery before mediation. Signed by Magistrate Judge Kyle C. Dudek on 10/5/2023. (CGW)
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| Filing 18 RESPONSE in Opposition re #13 Amended MOTION to Amend #11 MOTION to Stay Discovery filed by Dania G Andrade Reyes, Jose A Mencia Lopez. (Attachments: #1 Exhibit A, #2 Exhibit B)(Sanchez, Maria) |
| Filing 17 CERTIFICATE of compliance by Dania G Andrade Reyes, Jose A Mencia Lopez. (Sanchez, Maria) |
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Filing 16
ENDORSED ORDER. Although the #6 Hurricane Ian Scheduling Order requires a joint certification, Defendant filed #15 a unilateral certification that it is familiar with and will abide by the court's local rules and orders entered as of the certification date. Plaintiffs may promptly file a notice confirming they join in the certification, or, by 9/29/23, Plaintiffs 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 9/22/2023. (BLW)
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| Filing 15 CERTIFICATE of compliance by National Specialty Insurance Company. (Arend, Erica) |
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Filing 14
ENDORSED ORDER denying as moot #11 Defendant's Motion to Stay Discovery because an amended motion was filed at Doc. #13. Signed by Magistrate Judge Kyle C. Dudek on 9/21/2023. (BLW)
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| Filing 13 Amended MOTION to Amend #11 MOTION to Stay Discovery by National Specialty Insurance Company. (Attachments: #1 Exhibit Ex. A Invoke Mediation)(Arend, Erica) Motions referred to Magistrate Judge Kyle C. Dudek. |
| Filing 12 AMENDED document by National Specialty Insurance Company. (Arend, Erica) Modified on 9/20/2023 (CTR). |
| Filing 11 MOTION to Stay Discovery by National Specialty Insurance Company. (Arend, Erica) Motions referred to Magistrate Judge Kyle C. Dudek. |
| Filing 10 ANSWER and affirmative defenses to #4 Complaint with Jury Demand by National Specialty Insurance Company.(Arend, Erica) |
| Filing 9 NOTICE of a related action per Local Rule 1.07(c) by National Specialty Insurance Company. Related case(s): No (Arend, Erica) |
| Filing 8 CERTIFICATE of interested persons and corporate disclosure statement by National Specialty Insurance Company identifying Corporate Parent Markel Corporation Group for National Specialty Insurance Company. (Arend, Erica) |
| Filing 7 HURRICANE IAN INTERIM PROTECTIVE ORDER which is referenced in and attached to #6 the Case Management Scheduling Order (Hurricane Ian). Signed by All Divisional Judges on 9/8/2023. (Attachments: #1 Exhibit A.) (CGW) |
| Filing 6 CASE MANAGEMENT AND SCHEDULING ORDER (HURRICANE IAN): See Order for dates and details. Signed by All Divisional Judges on 9/8/2023. (CGW) |
| Filing 5 CIVIL Action Order. Signed by All Divisional Judges on 9/8/2023. (CGW) |
| Filing 4 COMPLAINT against National Specialty Insurance Company with Jury Demand filed by Dania G Andrade Reyes, Jose A Mencia Lopez. (Attachments: #1 Exhibit A) (Originally filed in State Court on 7/28/2023)(BGR) |
| Filing 3 NEW CASE ASSIGNED to Judge John L. Badalamenti and Magistrate Judge Kyle C. Dudek. New case number: 2:23-cv-708-JLB-KCD. (AM) |
| Filing 2 COMPLAINT and NOTICE OF REMOVAL from Circuit Court of the Twentieth Judicial Circuit in and for Lee County, case number 23-CA-008976 filed in State Court on 07/28/2023. filed by National Specialty Insurance Company. (Attachments: #1 State Court COMPLAINT Ex. A Complaint, #2 Exhibit Ex. B NOI, #3 Exhibit Ex. C Foreign Profit, #4 Exhibit Ex. D Homestead, #5 State Court ANSWER Motion for Extension of Time, #6 State Court Docket Sheet Docket Sheet, #7 Exhibit Index of Record, #8 State Court Other Documents Complete State Pleadings, #9 Civil Cover Sheet Civil Cover Sheet)(Arend, Erica) |
| Filing 1 NOTICE of Lead Counsel Designation by Erica Ann Arend on behalf of National Specialty Insurance Company. Lead Counsel: Erica A. Arend. (Arend, Erica) |
| FEE PAID. Filing fee for new civil case, Receipt No. AFLMDC-21225059 for $402 paid. (Arend, Erica) |
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