Lewsader v. Coutcher et al
Plaintiff: JESSICA LEWSADER and C.S. minor
Defendant: DERRICK COUTCHER and THE TRAVELERS HOME AND MARINE INSURANCE COMPANY
Case Number: 2:2023cv00767
Filed: September 21, 2023
Court: US District Court for the Middle District of Florida
Presiding Judge: John L Badalamenti
Referring Judge: Nicholas P Mizell
Nature of Suit: Motor Vehicle
Cause of Action: 28 U.S.C. § 1332 Diversity-Auto Negligence
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on November 17, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 17, 2023 Filing 22 CERTIFICATE of interested persons and corporate disclosure statement by Jessica Lewsader. (Isaac, Derrick)
November 17, 2023 Filing 21 NOTICE of a related action per Local Rule 1.07(c) by Jessica Lewsader. Related case(s): No (Isaac, Derrick)
November 17, 2023 Filing 20 NOTICE of Lead Counsel Designation by Derrick Gregory Isaac on behalf of Jessica Lewsader. Lead Counsel: Derrick Isaac. (Isaac, Derrick)
November 16, 2023 Opinion or Order Filing 19 CASE MANAGEMENT AND SCHEDULING ORDER: Discovery due by 1/7/2025 Dispositive motions due by 2/7/2025 Plaintiff disclosure of expert report due by 9/6/2024 Defendant disclosure of expert report due by 10/7/2024 Final Pretrial Conference set for 7/25/2025 at 01:30 PM before Judge John L. Badalamenti Jury Trial term 8/4/2025 at 09:00 AM before Judge John L. Badalamenti Conduct mediation hearing by 1/4/2025. Lead counsel to coordinate dates. Signed by Magistrate Judge Nicholas P. Mizell on 11/16/2023. (WRW)
November 15, 2023 Filing 18 NOTICE of voluntary dismissal as to Derrick Coutcher by Jessica Lewsader "Filed in State Court on 8/7/2023" (ABM)
November 15, 2023 Filing 17 ANSWER and affirmative defenses to #6 Complaint with Jury Demand by The Travelers Home and Marine Insurance Company "Filed in State Court on 6/7/2023"(ABM)
November 14, 2023 Filing 16 Minute Entry. Telephonic Proceedings held before Magistrate Judge Nicholas P. Mizell: granting #15 JOINT ORAL Motion to conduct mediation by videoconference. The parties are granted leave to mediate by videoconference. However, if any party wishes to mediate in-person, the mediation shall take place in-person. granting #15 ORAL Motion for Extension of Time to File Interested Persons Disclosure; PRELIMINARY PRETRIAL CONFERENCE held on 11/14/2023. (DIGITAL) (WRW)
November 14, 2023 Filing 15 JOINT ORAL MOTION to conduct mediation by videoconference., ORAL MOTION for Extension of Time to File Interested Persons Disclosure. (WRW) Motions referred to Magistrate Judge Nicholas P. Mizell.
November 10, 2023 Filing 14 CASE MANAGEMENT REPORT. (Isaac, Derrick)
November 9, 2023 Filing 13 CORPORATE Disclosure Statement by The Travelers Home and Marine Insurance Company identifying Other Affiliate The Travelers Indemnity Company for The Travelers Home and Marine Insurance Company. (Dehaan, Elizabeth) Modified on 11/15/2023 to edit docket text (EAM).
November 9, 2023 Filing 12 NOTICE of a related action per Local Rule 1.07(c) by The Travelers Home and Marine Insurance Company. Related case(s): No (Dehaan, Elizabeth)
November 9, 2023 Filing 11 NOTICE of Lead Counsel Designation by Elizabeth Dehaan on behalf of The Travelers Home and Marine Insurance Company. Lead Counsel: Elizabeth A. Dehaan. (Dehaan, Elizabeth)
November 7, 2023 Opinion or Order Filing 10 TEXT ORDER directing compliance. The parties were directed to file a case management report by November 6, 2023 (Doc. 7) but have failed to do so. By November 10, 2023, the parties must file a case management report. Signed by Magistrate Judge Nicholas P. Mizell on 11/7/2023. (TLP)
October 17, 2023 Filing 9 NOTICE by The Travelers Home and Marine Insurance Company re #1 Notice of Removal Filing Redacted Exhibits (Attachments: #1 State Court Civil Cover Sheet, #2 State Court COMPLAINT, #3 State Court Docket Sheet Ex. A, #4 Exhibit Ex. B, #5 Exhibit Ex. C, #6 Exhibit Ex. D, #7 Exhibit Ex. E, #8 Exhibit Ex. F, #9 Exhibit Ex. G, #10 Exhibit Ex. H, #11 Civil Cover Sheet )(Dehaan, Elizabeth) Modified image and text on 10/18/2023 (GL).
October 4, 2023 Opinion or Order Filing 8 TEXT ORDER striking the attachments to Defendant's Notice of Removal (Doc. #1) and Plaintiff's Notices of Service of Proposal for Settlement (Doc. 4; Doc. 5). Federal Rule of Civil Procedure 5.2 protects minors by requiring the use of a minor's initials in all public documents. Similarly, Rule 5.2 excludes the inclusion of an individual's social-security number, taxpayer-identification number, birth date, or financial-account numbers on the public docket. Upon review, the attachments to Defendant's Notice of Removal and the Notices of Service of Proposal for Settlement fail to comply with Rule 5.2 as they are replete with the confidential details of minor C.S.'s full name. Accordingly, the Clerk of Court is DIRECTED to REMOVE the attachments to Defendant's Notice of Removal (Doc. #1), and the Notices of Service of Proposal for Settlement (Doc. 4; Doc. 5) from the docket due to the inclusion of personal identifying information of a minor and STRIKE those entries. See Fed. R. Civ. P. 5.2(a)(3). On or before 10/18/2023, the parties are DIRECTED to refile the stricken documents in appropriately redacted form. Signed by Judge John L. Badalamenti on 10/4/2023. (RHG)
October 2, 2023 Filing 7 NOTICE of hearing: Preliminary Pretrial Conference set for 11/14/2023 at 10:30 AM before Magistrate Judge Nicholas P. Mizell. Parties shall file a Case Management Report by 11/6/2023. 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: 23767. 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)
September 25, 2023 Filing 6 COMPLAINT against All Defendants with Jury Demand filed by Jessica Lewsader. (filed in State Court on 03/17/2023)(JDR)
September 22, 2023 Filing 5 ***STRICKEN; pursuant to court's text order 8.*** NOTICE of Service of Proposal for Settlement by C.S. minor (Isaac, Derrick) (BD). Modified text on 9/25/2023 and replaced PDF with redacted version (BD). Modified text and image on 10/5/2023 (LNR).
September 22, 2023 Filing 4 ***STRICKEN; pursuant to court's text order 8.*** NOTICE of Service of Proposal for Settlement by JESSICA LEWSADER (Isaac, Derrick) Modified text on 9/25/2023 (BD). Modified text and image on 10/5/2023 (LNR).
September 22, 2023 Opinion or Order Filing 3 CIVIL Action Order Signed by Magistrate Judge Nicholas P. Mizell on 9/22/2023. (WRW)
September 21, 2023 Filing 2 NEW CASE ASSIGNED to Judge John L. Badalamenti and Magistrate Judge Nicholas P. Mizell. New case number: 2:23-cv-767-JLB-NPM. (AM)
September 21, 2023 Filing 1 COMPLAINT and NOTICE OF REMOVAL from Lee County Clerk of Court, case number 23-CA-001869 filed in State Court on 03/17/23. Filing fee $402, receipt number AFLMDC-21277240 filed by The Travelers Home and Marine Insurance Company. (Attachments: # 1 State Court COMPLAINT State Court Complaint, # 2 State Court ANSWER State Court Answer, # 3 State Court Docket Sheet, # 4 State Court Other Documents State Court Documents, # 5 Civil Cover Sheet, # 6 Exhibit A, # 7 Exhibit B, # 8 Exhibit C, # 9 Exhibit D, # 10 Exhibit E, # 11 Exhibit F, # 12 Exhibit G, # 13 Exhibit H)(Dehaan, Elizabeth) (Modified on 9/25/2023 to edit docket text and seal documents with minors information listed) (JDR). (***Attachments Stricken; pursuant to court's text order 8.***)(Modified text and images on 10/5/2023 (LNR).

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Plaintiff: JESSICA LEWSADER
Represented By: Derrick Gregory Isaac
Represented By: James Edward Moon
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Plaintiff: C.S. minor
Represented By: Derrick Gregory Isaac
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Defendant: DERRICK COUTCHER
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Defendant: THE TRAVELERS HOME AND MARINE INSURANCE COMPANY
Represented By: Elizabeth Dehaan
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