Employers Insurance Company of Wausau v. BL Companies Connecticut, Inc. et al
| Employers Insurance Company of Wausau |
| BL Companies Connecticut, Inc., Rogers Mechanical Contractors FL 3, LLC and Trane U.S., Inc. |
| 2:2023cv00773 |
| September 22, 2023 |
| US District Court for the Middle District of Florida |
| Nicholas P Mizell |
| John E Steele |
| Personal Property: Other |
| 28 U.S.C. § 1332 Diversity-Insurance Contract |
| Both |
Docket Report
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This docket was last retrieved on January 31, 2024. A more recent docket listing may be available from PACER.
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Filing 64
NOTICE of Appearance by Michael F. Suarez on behalf of Rogers Mechanical Contractors FL 3, LLC (Suarez, Michael)
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Filing 63
ENDORSED ORDER granting #62 attorney Lysa Friedlieb's unopposed motion to withdraw. The clerk is directed to remove attorney Friedlieb as counsel of record for defendant Rogers Mechanical Contractors FL 3, LLC and discontinue sending Friedlieb electronic notifications. Attorney Friedlieb shall have no further responsibility in this case. Signed by Magistrate Judge Nicholas P. Mizell on 11/17/2023. (TLP)
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Filing 62
MOTION for Lysa Friedlieb to Withdraw as Attorney by Rogers Mechanical Contractors FL 3, LLC. (Krone, Michelle) Motions referred to Magistrate Judge Nicholas P. Mizell.
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Filing 61
CASE MANAGEMENT REPORT. (Nalibotsky, Albert)
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Filing 60
NOTICE of Lead Counsel Designation by Albert S. Nalibotsky on behalf of Employers Insurance Company of Wausau. Lead Counsel: Albert S. Nalibotsky. (Nalibotsky, Albert)
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Filing 59
CERTIFICATE of interested persons and corporate disclosure statement re #5 Civil Action Order by BL Companies Connecticut, Inc. identifying Corporate Parent BL Companies Connecticut, Inc. for BL Companies Connecticut, Inc. (Brown, Curtis)
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Filing 58
ENDORSED ORDER granting #56 plaintiff's unopposed motion for extension of time to respond. By December 5, 2023, plaintiff must respond to defendant B L Companies Connecticut, Inc.'s Amended Motion to Dismiss (Doc. #55). Signed by Magistrate Judge Nicholas P. Mizell on 11/10/2023. (TLP)
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Filing 57
ENDORSED ORDER granting #54 plaintiff's unopposed motion for extension of time to respond. By December 8, 2023, plaintiff must respond to defendant Rogers Mechanical Contractors FL 3, LLC's Motion to Dismiss (Doc. #46). Signed by Magistrate Judge Nicholas P. Mizell on 11/10/2023. (TLP)
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Filing 56
Consent MOTION for Extension of Time to File Response/Reply as to #55 Amended MOTION to Dismiss Amended Complaint of B L Companies Connecticut, Inc. by Employers Insurance Company of Wausau. (Nalibotsky, Albert) Motions referred to Magistrate Judge Nicholas P. Mizell.
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Filing 55
Amended MOTION to Dismiss Amended Complaint by BL Companies Connecticut, Inc.. (Brown, Curtis)
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Filing 54
Unopposed MOTION for Extension of Time to File Response/Reply as to #46 MOTION to Dismiss Amended Complaint of Rogers Mechanical Contractors FL 3, LLC by Employers Insurance Company of Wausau. (Nalibotsky, Albert) Motions referred to Magistrate Judge Nicholas P. Mizell.
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Filing 53
CORPORATE Disclosure Statement by Rogers Mechanical Contractors FL 3, LLC. (Krone, Michelle)
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Filing 52
ORDER denying without prejudice #39 Motion to Dismiss; denying as moot #41 Motion to Dismiss. Signed by Judge John E. Steele on 11/9/2023. (RKR)
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Filing 51
NOTICE of compliance as to Local Rule 3.01g re #46 MOTION to Dismiss Amended Complaint by Rogers Mechanical Contractors FL 3, LLC (Krone, Michelle) Modified text on 11/9/2023 (JK).
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Filing 50
ENDORSED ORDER granting #48 plaintiff's unopposed motion for extension of time. By December 7, 2023, plaintiff must respond to defendant Trane U.S., Inc.'s (Doc. #42) amended motion to dismiss. Signed by Magistrate Judge Nicholas P. Mizell on 11/7/2023. (TLP)
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Filing 49
ENDORSED ORDER granting #47 plaintiff's unopposed motion for extension of time. By December 5, 2023, plaintiff must respond to defendant B L Companies Connecticut, Inc.'s (Doc. #39) motion to dismiss. Signed by Magistrate Judge Nicholas P. Mizell on 11/7/2023. (TLP)
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Filing 48
Consent MOTION for Extension of Time to File Response/Reply as to #42 Amended MOTION to Dismiss Employers Insurance Company of Wausau's Amended Complaint and Incorporated Memorandum of Law by Trane U.S., Inc. by Employers Insurance Company of Wausau. (Nalibotsky, Albert) Motions referred to Magistrate Judge Nicholas P. Mizell.
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Filing 47
Consent MOTION for Extension of Time to File Response/Reply as to #39 MOTION to Dismiss Amended Complaint of B L Companies Connecticut, Inc. by Employers Insurance Company of Wausau. (Nalibotsky, Albert) Motions referred to Magistrate Judge Nicholas P. Mizell.
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Filing 46
MOTION to Dismiss Amended Complaint by Rogers Mechanical Contractors FL 3, LLC. (Krone, Michelle) Modified text on 11/9/2023 (JK).
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Filing 45
ANSWER and affirmative defenses with Jury Demand to #27 Amended Complaint filed by Plaintiff by Rogers Mechanical Contractors FL 3, LLC.(Krone, Michelle) Modified on 11/6/2023 to edit docket text (JDR).
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Filing 44
NOTICE of compliance re 36 Notice to Counsel of Local Rule 2.01(c); Notice of Compliance with Order Granting Motion to Appear Pro Hac Vice for Jay M. Goldstein, Esq. by Employers Insurance Company of Wausau. (Goldstein, Jay)
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Filing 43
NOTICE of compliance re 35 Notice to Counsel of Local Rule 2.01(c); Notice of Compliance with Order Granting Motion to Appear Pro Hac Vice for Albert S. Nalibotsky, Esq. by Employers Insurance Company of Wausau. (Nalibotsky, Albert)
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Filing 42
Amended MOTION to Dismiss Employers Insurance Company of Wausau's Amended Complaint and Incorporated Memorandum of Law by Trane U.S., Inc. (Smith, Schuyler)
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Filing 41
MOTION to Dismiss Employers Insurance Company of Wausau's Amended Complaint and Incorporated Memorandum of Law by Trane U.S., Inc. (Smith, Schuyler)
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Filing 40
AFFIDAVIT of Kelly Beaudreau-Hwang re: #39 MOTION to Dismiss Amended Complaint by BL Companies Connecticut, Inc. (Attachments: #1 Exhibit "A")(Brown, Curtis)
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Filing 39
MOTION to Dismiss Amended Complaint by BL Companies Connecticut, Inc. (Brown, Curtis)
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Filing 38
NOTICE of Lead Counsel Designation by Curtis Lee Brown on behalf of BL Companies Connecticut, Inc. Lead Counsel: Curtis L. Brown. (Brown, Curtis)
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Filing 37
ORDER granting #32, #33 motions for special admission of attorneys Albert S. Nalibotsky and Jay M. Goldstein. See Order for details. Signed by Magistrate Judge Nicholas P. Mizell on 10/30/2023. (TLP)
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Filing 36
NOTICE TO COUNSEL Jay M. Goldstein Local Rule 2.01(c), Special Admission of Non-Resident Lawyer - File a Motion to Appear Pro Hac Vice. Co-counsel with filing rights may electronically file the motion on behalf of the non-resident lawyer or the motion may be filed on paper; Pay the Special Admission Fee; Submit a Pro Hac Vice E-File Registration through PACER. Visit www.flmd.uscourts.gov/for-lawyers for details 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). (RLK)
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Filing 35
NOTICE TO COUNSEL Albert S. Nalibotsky Local Rule 2.01(c), Special Admission of Non-Resident Lawyer - File a Motion to Appear Pro Hac Vice. Co-counsel with filing rights may electronically file the motion on behalf of the non-resident lawyer or the motion may be filed on paper; Pay the Special Admission Fee; Submit a Pro Hac Vice E-File Registration through PACER. Visit www.flmd.uscourts.gov/for-lawyers for details 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). (RLK)
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Filing 34
NOTICE of compliance re 21 Notice to Counsel of Local Rule of contact information for the Middle District by Rogers Mechanical Contractors FL 3, LLC (Krone, Michelle)
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Filing 33
Unopposed MOTION for Jay M. Goldstein to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-21401170 for $150 by Employers Insurance Company of Wausau. (Sheehe, Phillip) Motions referred to Magistrate Judge Nicholas P. Mizell.
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Filing 32
Unopposed MOTION for Albert S. Nalibotsky to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-21401088 for $150 by Employers Insurance Company of Wausau. (Sheehe, Phillip) Motions referred to Magistrate Judge Nicholas P. Mizell.
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Filing 31
STIPULATION by Employers Insurance Company of Wausau. (Sheehe, Phillip)
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Filing 30
NOTICE of compliance re #29 Notice of Lead Counsel Designation by Rogers Mechanical Contractors FL 3, LLC (Krone, Michelle) Modified text on 10/25/2023 (BD).
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Filing 29
NOTICE of Lead Counsel Designation by Michelle Marie Krone on behalf of Rogers Mechanical Contractors FL 3, LLC. Lead Counsel: Lysa M. Friedlieb. (Krone, Michelle)
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Filing 28
ORDER taking no further action on #22 Order as the Court is satisfied as to subject matter jurisdiction in the #27 Amended Complaint. Signed by Judge John E. Steele on 10/20/2023. (RKR)
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Filing 27
AMENDED COMPLAINT against All Defendants with Jury Demand. filed by Employers Insurance Company of Wausau. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Sheehe, Phillip) Modified text on 10/20/2023 (KME).
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Filing 26
NOTICE of compliance re 21 Notice to Counsel of Local Rule Regarding PACER by Employers Insurance Company of Wausau (Sheehe, Phillip)
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Filing 25
NOTICE of compliance re 20 Notice to Counsel of Local Rule by Employers Insurance Company of Wausau (Sheehe, Phillip)
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Filing 24
NOTICE of Lead Counsel Designation by Phillip J. Sheehe on behalf of Employers Insurance Company of Wausau. Lead Counsel: Phillip J Sheehe. (Sheehe, Phillip)
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Filing 23
ENDORSED ORDER denying as moot #19 defendant Rogers Mechanical Contractors FL 3, LLC's unopposed motion for extension of time to file a response to the complaint (Doc. #2) because the complaint has been dismissed without prejudice for lack of subject matter jurisdiction (Doc. #22). Signed by Magistrate Judge Nicholas P. Mizell on 10/16/2023. (TLP)
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Filing 22
ORDER dismissing #2 Complaint filed by Employers Insurance Company of Wausau for lack of subject matter jurisdiction without prejudice to filing an Amended Complaint within 7 days of this Order. Signed by Judge John E. Steele on 10/16/2023. (RKR)
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Filing 21
NOTICE TO COUNSEL Lysa Friedlieb and Phillip Sheehe of Local Rule 2.01(b)(2)(B), which requires members of the Middle District bar to maintain with the clerk a current telephone number, mailing address, and email address. Update your contact information for the Middle District through PACER. 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). (ARL)
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Filing 20
NOTICE TO COUNSEL Phillip Sheehe, Lysa Friedlieb and Michelle Krone of Local Rule 2.02(a), which states, "The first paper filed on behalf of a party must designate only one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action." Counsel must file a Notice of Lead Counsel Designation identifying lead counsel. 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). (ARL)
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Filing 19
Unopposed MOTION for Extension of Time to File Response/Reply as to #2 Complaint by Rogers Mechanical Contractors FL 3, LLC. (Krone, Michelle) Motions referred to Magistrate Judge Nicholas P. Mizell.
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Filing 18
ENDORSED ORDER granting #16 defendant Trane U.S. Inc.'s unopposed motion for extension of time to respond. By October 27, 2023, Trane must respond to the complaint. Signed by Magistrate Judge Nicholas P. Mizell on 10/13/2023. (TLP)
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Filing 17
NOTICE of Appearance and Email Designations by Michelle Marie Krone on behalf of Rogers Mechanical Contractors FL 3, LLC (Krone, Michelle) Modified text on 10/13/2023 (MCB). Modified docket text on 10/13/2023 (JTM).
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Filing 16
Unopposed MOTION for Extension of Time to File Response to Plaintiff's Complaint by Trane U.S., Inc. (Smith, Schuyler) Motions referred to Magistrate Judge Nicholas P. Mizell. Modified text on 10/13/2023 (MCB).
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Filing 15
CORPORATE Disclosure Statement by Trane U.S., Inc. (Smith, Schuyler) Modified text on 10/10/2023 (MCB).
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Filing 14
NOTICE of hearing: Preliminary Pretrial Conference set for 11/30/2023 at 10:30 AM before Magistrate Judge Nicholas P. Mizell. Parties shall file a Case Management Report by 11/13/2023. 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: 23773. 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)
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Filing 13
TEXT ORDER: This case was filed under an improper nature-of-suit as a 110--insurance case, which led to the docketing of an improper Case Management Scheduling Order concerning Hurricane Ian insurance-coverage lawsuits. The nature-of-the suit code will be corrected by the clerk. Thus, the Scheduling Order (Doc. #6) and the protective order (Doc. #7) were filed in error and are hereby vacated. Signed by Magistrate Judge Nicholas P. Mizell on 10/6/2023. (TLP)
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Filing 12
PROOF of service as to Trane U.S., Inc. by Employers Insurance Company of Wausau (Sheehe, Phillip)
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Filing 11
PROOF of service as to Rogers Mechanical Contractors FL 3, LLC by Employers Insurance Company of Wausau (Sheehe, Phillip)
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Filing 10
PROOF of service as to BL Companies Connecticut, Inc. by Employers Insurance Company of Wausau (Sheehe, Phillip)
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Filing 9
NOTICE of Lead Counsel Designation by Schuyler Analise Smith on behalf of Trane U.S., Inc. Lead Counsel: Schuyler A. Smith. (Smith, Schuyler)
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Filing 8
SUMMONS issued as to BL Companies Connecticut, Inc., Rogers Mechanical Contractors FL 3, LLC, Trane U.S., Inc. (JDR) Modified on 9/26/2023 (CTR).
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Filing 7
PROTECTIVE ORDER. Signed by Magistrate Judge Nicholas P. Mizell on 9/26/2023. (Attachments: #1 Exhibit)(WRW)
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Filing 6
CASE MANAGEMENT AND SCHEDULING ORDER: (HURRICANE IAN) Signed by Magistrate Judge Nicholas P. Mizell on 9/26/2023. (WRW)
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Filing 5
CIVIL Action Order Signed by All Divisional Judges on 9/25/2023. (WRW)
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REFUND for duplicate payment. Receipt number AFLMDC-21280964 refunded in the amount of $ 402.00 paid to Phillip Sheehe. (JSR)
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Filing 4
NEW CASE ASSIGNED to Judge John E. Steele and Magistrate Judge Nicholas P. Mizell. New case number: 2:23-cv-00773-JES-NPM. (JG)
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Filing 3
CORPORATE Disclosure Statement by Employers Insurance Company of Wausau identifying Corporate Parent Liberty Mutual Group, Inc. for Employers Insurance Company of Wausau.. (Sheehe, Phillip)
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Filing 2
COMPLAINT against All Defendants with Jury Demand (Filing fee $402 receipt number AFLMDC-21280964) filed by Employers Insurance Company of Wausau. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Exhibit 1, #3 Exhibit 2, #4 Proposed Summons, #5 Proposed Summons, #6 Proposed Summons)(Sheehe, Phillip) (Modified on 9/25/2023 to edit docket text and description) (JDR).
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Filing 1
Notice of Filing Civil Cover Sheet (Filing fee $402 receipt number AFLMDC-21280896) filed by Employers Insurance Company of Wausau.(Sheehe, Phillip) (Modified on 9/25/2023 to edit docket text and color) (JDR).
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