Boyle & Boyle, Inc. v. Allied Insurance Company of America
| BOYLE & BOYLE, INC. d/b/a BADCOCK FURNITURE STORE and Boyle & Boyle, Inc. doing business as Badcock Furniture Store |
| Allied Insurance Company of America |
| 2:2023cv00884 |
| October 12, 2023 |
| US District Court for the Middle District of Florida |
| Sheri Polster Chappell |
| Kyle C Dudek |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Notice of Removal |
| Both |
Docket Report
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This docket was last retrieved on December 7, 2023. A more recent docket listing may be available from PACER.
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Filing 29
ORDER granting #24 Motion to Compel Appraisal. This case is STAYED pending appraisal, and the Clerk must add a stay flag to the file and ADMISTRATIVELY CLOSE THE CASE. The parties are DIRECTED to file a joint report on the status of appraisal on or before March 6, 2024, and every ninety days after that until appraisal has ended. Within 15 days of a signed appraisal award, the parties are DIRECTED to jointly notify the Court of (a) what issues, if any, remain for the Court to resolve; (b) whether the stay needs to be lifted; and (c) how this action should proceed, if at all. Signed by Magistrate Judge Kyle C. Dudek on 12/7/2023. (Dudek, Kyle)
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| Filing 28 NOTICE of Appearance by Sarah R. Burke on behalf of Allied Insurance Company of America (Burke, Sarah) |
| Filing 27 RESPONSE in Opposition re #24 MOTION to Stay to Complete Appraisal filed by Allied Insurance Company of America. (Attachments: #1 Exhibit 1)(Keller, Thomas) Modified on 12/4/2023 as to docket text (ARL). |
| Filing 26 Joint NOTICE OF SELECTION of Robert M. Daisley as mediator by Boyle & Boyle, Inc.. (Krapf, Grant) Modified to edit docket text on 12/1/2023 (HAI). |
| Filing 25 Defendant's ANSWER and affirmative defenses with Jury Demand to #19 Amended Complaint by Allied Insurance Company of America.(Matusewicz, Julius) |
| Filing 24 MOTION to Stay To Complete Appraisal by Boyle & Boyle, Inc. (Attachments: #1 Exhibit A(1) - Policy, #2 Exhibit A(2) - Correspondence, #3 Exhibit A(3) - Correspondence)(Stevens, Lauren) Modified text on 11/20/2023 (KME). |
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Filing 23
ENDORSED ORDER granting #22 Defendant's Unopposed Motion for Extension of Time to Respond to the third amended complaint. Given the parties' agreement, and otherwise finding good cause, Defendant must respond to the third amended complaint by 11/17/2023. Signed by Magistrate Judge Kyle C. Dudek on 11/13/2023. (BLW)
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| Filing 22 Unopposed MOTION for Extension of Time to File Answer re #19 Third Amended Complaint by Allied Insurance Company of America. (Matusewicz, Julius) Motions referred to Magistrate Judge Kyle C. Dudek. (Modified on 11/13/2023, to edit text) (BGR). |
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Filing 21
ENDORSED ORDER granting #20 the parties' request to extend the deadline to file a motion to compel appraisal. The deadline to do so is extended to 12/4/23. Signed by Magistrate Judge Kyle C. Dudek on 11/6/2023. (BLW)
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| Filing 20 JOINT Stipulation for Motion to Extend Deadline to File Motion for Appraisal by Boyle & Boyle, Inc. (Stevens, Lauren) (Modified on 11/6/2023, to edit text) (BGR). |
| Filing 19 Third AMENDED COMPLAINT against Allied Insurance Company of America with Jury Demand. filed by Boyle & Boyle, Inc. (Attachments: #1 Exhibit Insurance Policy)(Stevens, Lauren) Modified on 10/30/2023 to edit docket text (AJS). |
| Filing 18 CERTIFICATE of interested persons and corporate disclosure statement re #8 Case Management Scheduling Order by Boyle & Boyle, Inc.. (Stevens, Lauren) |
| Filing 17 NOTICE of a related action Plaintiffs' Notice of Pendency of Other Actions per Local Rule 1.07(c) by Boyle & Boyle, Inc.. Related case(s): Yes (Stevens, Lauren) |
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Filing 16
ENDORSED ORDER denying without prejudice Defendant's Motion to Dismiss (Doc. #13) for failure to timely supplement the Local Rule 3.01(g) Certification. See Local Rule 3.01(g)(3). The Court cannot overstate the importance of the parties' duty to confer in good faith to resolve a motion before filing. The duty helps to avoid needless litigation, to encourage communication between the parties, and to resolve disputes without court intervention. By October 30, 2023, Defendant must respond to the complaint (Doc. #5). Signed by Judge Sheri Polster Chappell on 10/24/2023. (BB)
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| Filing 15 CORPORATE Disclosure Statement by Allied Insurance Company of America. (Matusewicz, Julius) |
| Filing 14 NOTICE of a related action per Local Rule 1.07(c) by Allied Insurance Company of America. Related case(s): No (Matusewicz, Julius) |
| Filing 13 MOTION to Dismiss for Failure to State a Claim by Allied Insurance Company of America. (Matusewicz, Julius) |
| Filing 12 NOTICE of Exception by Boyle & Boyle, Inc. (Stevens, Lauren) Modified text on 10/19/2023 (KME). |
| Filing 11 JOINT STIPULATION re #8 Case Management Scheduling Order of Certification by Boyle & Boyle, Inc. (Stevens, Lauren) Modified text on 10/19/2023 (KME). |
| Filing 10 NOTICE of Lead Counsel Designation by Lauren McCarty Stevens on behalf of Boyle & Boyle, Inc.. Lead Counsel: Lauren M. Stevens. (Stevens, Lauren) |
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Filing 9
HURRICANE IAN INTERIM PROTECTIVE ORDER which is referenced in and hereby attached to #8 the Case Management Scheduling Order (Hurricane Ian). Signed by Magistrate Judge Kyle C. Dudek on 10/16/2023. (Attachments: #1 Exhibit A.) (CGW)
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Filing 8
CASE MANAGEMENT AND SCHEDULING ORDER (HURRICANE IAN): See Order for dates and details. Signed by Magistrate Judge Kyle C. Dudek on 10/16/2023. (CGW)
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| Filing 7 CIVIL Action Order. Signed by All Divisional Judges on 10/16/2023. (CGW) |
| Filing 6 NOTICE of Appearance by Julius Matusewicz on behalf of Allied Insurance Company of America (Matusewicz, Julius) |
| Filing 5 COMPLAINT against Allied Insurance Company of America with Jury Demand filed by Boyle & Boyle, Inc. Filed in State Court on 10/4/2023.(KME) |
| Filing 4 NOTICE TO COUNSEL Geoffrey M. Schuessler 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). (KME) |
| Filing 3 NOTICE 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. (Signed by Deputy Clerk). (KME) |
| Filing 2 NEW CASE ASSIGNED to Judge Sheri Polster Chappell and Magistrate Judge Kyle C. Dudek. New case number: 2:23-cv-00884-SPC-KCD. (AM) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from 12th Judicial Circuit In and For DeSoto County, FL, case number 2023 CA 000587 filed in State Court on 9/6/23. Filing fee $402, receipt number AFLMDC-21350213 filed by Allied Insurance Company of America. (Attachments: #1 State Court COMPLAINT, #2 State Court Docket Sheet, #3 Civil Cover Sheet, #4 Exhibit Composite 1, #5 Exhibit 2, #6 Exhibit 3)(Keller, Thomas) Modified text on 10/13/2023 (KME). |
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