Boyle Lehigh, Inc. et al v. Allied Insurance Company of America
| Boyle Lehigh, inc. dba Badcock Home Furniture and More, Crossroads Sheds, Inc. and Boyle Lehigh, Inc. doing business as Badcock Home Furniture & More |
| Allied Insurance Company of America |
| 2:2023cv00928 |
| October 20, 2023 |
| US District Court for the Middle District of Florida |
| John L Badalamenti |
| 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 24
ORDER granting #15 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 23
ENDORSED ORDER discharging 17 the Court's Order to Show Cause based on Defendant's response (Doc. #19). Signed by Magistrate Judge Kyle C. Dudek on 12/5/2023. (BLW)
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| Filing 22 Joint STIPULATION of Certification by Boyle Lehigh, Inc., Crossroads Sheds, Inc. (Stevens, Lauren) |
| Filing 21 NOTICE of Appearance by Sarah R. Burke on behalf of Allied Insurance Company of America (Burke, Sarah) |
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Filing 20
ENDORSED ORDER. The #6 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 12/11/2023, 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 12/4/2023. (DM)
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| Filing 19 RESPONSE TO ORDER TO SHOW CAUSE re 17 Order filed by Allied Insurance Company of America. (Keller, Thomas) |
| Filing 18 RESPONSE in Opposition re #15 MOTION for Appraisal and to Abate All Proceedings Pending Completion of Appraisal filed by Allied Insurance Company of America. (Attachments: #1 Exhibit 1 - Deposition Request, #2 Exhibit 2 - Civil Remedy Notice)(Keller, Thomas) |
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Filing 17
***DISCHARGED PURSUANT TO 23 ENDORSED ORDER***ENDORSED ORDER requiring Defendant to show cause as to: (1) why it failed to respond to Plaintiffs' Motion for Appraisal and to Abate All Proceedings Pending Completion of Appraisal #15 within the time required by M.D. Fla. R. 3.01(c); and (2) why the motion should not be granted. No later than 12/6/2023, Defendant must file a written response to this Order and respond in writing to the pending motion #15. Defendant is warned that failure to comply fully with this Order will result in the Court deeming the motion to be unopposed and considering the motion on its merits without a response. Signed by Magistrate Judge Kyle C. Dudek on 11/30/2023. (DM) Modified on 12/6/2023 (LSS).
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| Filing 16 Defendant's ANSWER and affirmative defenses with Jury Demand to #11 Amended Complaint by Allied Insurance Company of America.(Matusewicz, Julius) |
| Filing 15 MOTION for Appraisal and to Abate All Proceedings Pending Completion of Appraisal by Boyle Lehigh, Inc., Crossroads Sheds, Inc. (Attachments: #1 Exhibit A1 - Policy, #2 Exhibit A2 - Correspondence, #3 Exhibit A3 - Appraisal Demand)(Stevens, Lauren) Modified text on 11/15/2023 (BD). |
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Filing 14
ENDORSED ORDER granting #13 Defendant's Unopposed Motion for Extension of Time to Respond to the Amended Complaint. Given the parties' agreement, and otherwise finding good cause, Defendant must respond to the amended complaint by 11/17/2023. Signed by Magistrate Judge Kyle C. Dudek on 11/13/2023. (BLW)
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| Filing 13 Unopposed MOTION for Extension of Time to File Answer re #11 Amended Complaint by Allied Insurance Company of America. (Matusewicz, Julius) Motions referred to Magistrate Judge Kyle C. Dudek. |
| Filing 12 NOTICE of Lead Counsel Designation by Julius Matusewicz on behalf of Allied Insurance Company of America. Lead Counsel: Thomas A. Keller. (Matusewicz, Julius) |
| Filing 11 AMENDED COMPLAINT against Allied Insurance Company of America with Jury Demand. filed by Boyle Lehigh, Inc., Crossroads Sheds, Inc. (Attachments: #1 Exhibit Insurance Policy)(Stevens, Lauren) Modified text on 10/30/2023 (KME). |
| Filing 10 CERTIFICATE of interested persons and corporate disclosure statement re #6 Civil Action Order by Boyle Lehigh, Inc., Crossroads Sheds, Inc. (Stevens, Lauren) Modified on 10/25/2023 (CTR). |
| Filing 9 NOTICE of a related action Plaintiffs Notice of Pendency of Other Actions per Local Rule 1.07(c) by Boyle Lehigh, Inc., Crossroads Sheds, Inc. Related case(s): Yes (Stevens, Lauren) Modified on 10/25/2023 (CTR). |
| Filing 8 CORPORATE Disclosure Statement by Allied Insurance Company of America. (Matusewicz, Julius) |
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Filing 7
HURRICANE IAN INTERIM PROTECTIVE ORDER which is referenced in and hereby attached to the #6 Case Management & Scheduling Order (Hurricane Ian). Signed by Magistrate Judge Kyle C. Dudek on 10/24/2023. (Attachments: #1 Exhibit A.) (CGW)
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Filing 6
CASE MANAGEMENT AND SCHEDULING ORDER (HURRICANE IAN): See Order for dates and details. Signed by Magistrate Judge Kyle C. Dudek on 10/24/2023. (CGW) Modified on 10/24/2023 (CGW).
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| Filing 5 CIVIL Action Order. Signed by All Divisional Judges on 10/24/2023. (CGW) |
| Filing 3 NOTICE of Lead Counsel Designation by Lauren McCarty Stevens on behalf of Boyle Lehigh, inc. dba Badcock Home Furniture and More, Crossroads Sheds, Inc.. Lead Counsel: Lauren M. Stevens. (Stevens, Lauren) |
| Filing 2 NEW CASE ASSIGNED to Judge John L. Badalamenti and Magistrate Judge Kyle C. Dudek. New case number: 2:23-cv-00928-JLB-KCD. (AM) |
| Filing 4 COMPLAINT against Allied Insurance Company of America with Jury Demand filed by Boyle Lehigh, Inc. dba Badcock Home Furniture and More, Crossroads Sheds, Inc. FILED in State Court on 9/11/2023. (JTM) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from In The Circuit Court of the 20th Judicial Circuit, case number 2023-CA-010480 filed in State Court on 9/11/23. Filing fee $402, receipt number AFLMDC-21378282 filed by Allied Insurance Company of America. (Attachments: #1 State Court COMPLAINT, #2 State Court Docket Sheet, #3 State Court Other Documents Composite Exh 1, #4 Exhibit Composite Exh 2, #5 Exhibit Composite Exh 3, #6 Civil Cover Sheet)(Matusewicz, Julius) |
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