Pinheiro v. National Fire & Marine Insurance Company
| Robert Pinheiro and Kelly Pinheiro |
| National Fire & Marine Insurance Company |
| 2:2023cv00935 |
| October 23, 2023 |
| US District Court for the Middle District of Florida |
| Sheri Polster Chappell |
| Nicholas P Mizell |
| Insurance |
| 28 U.S.C. ยง 1446 Notice of Removal-Property Damage (P.I.) |
| Both |
Docket Report
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This docket was last retrieved on December 8, 2023. A more recent docket listing may be available from PACER.
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| Filing 17 ANSWER and affirmative defenses with Jury Demand to #14 Amended Complaint by National Fire & Marine Insurance Company.(Smith, Stephen) |
| Filing 16 CERTIFICATE of compliance re 15 Order by National Fire & Marine Insurance Company. (Smith, Stephen) |
Filing 15
TEXT ORDER directing compliance. The #8 Hurricane Ian Scheduling Order requires the parties to file joint certification of familiarity with local rules and orders entered to date within 14 days of defendant filing a response to the complaint. Because defendant filed a motion to dismiss the complaint on November 7, 2023, the deadline to file the joint certification has since passed. By December 4, 2023, the parties must either file their joint certification of familiarity or show cause why they should not be sanctioned for noncompliance. Signed by Magistrate Judge Nicholas P. Mizell on 11/28/2023. (TLP) Modified on 11/28/2023 (TLP).
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| Filing 14 AMENDED COMPLAINT against National Fire & Marine Insurance Company with Jury Demand. filed by Robert Pinheiro. (Attachments: #1 Exhibit A)(Martinez, Christopher) |
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Filing 13
ENDORSED ORDER denying without prejudice Defendant National Fire & Marine Insurance Company's Motion to Add Kelly Pinheiro and/or to Dismiss Plaintiff's Complaint (Doc. #12) for failure to timely supplement the Local Rule 3.01(g) Certification. See Local Rule 3.01(g)(3). Defendant's Certificate states that Plaintiff had yet responded to its conferral communication when it filed the Motion. (Doc. #12 at 5). Although more than three days have passed, Defendant has not supplemented its Motion with information on whether the parties have resolved all or part of the Motion. The Court thus denies the Motion and reiterates the importance of the duty to confer in avoiding needless litigation, encouraging communication between the parties, and resolving disputes without court intervention. Signed by Judge Sheri Polster Chappell on 11/14/2023. (CMC)
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| Filing 12 MOTION to Dismiss Complaint for Failure to Add Required Party by National Fire & Marine Insurance Company. (Attachments: #1 Exhibit Property Deed)(Smith, Stephen). Added MOTION for Miscellaneous Relief, specifically to Add Required Party on 11/8/2023 (KME). |
| Filing 11 CERTIFICATE of interested persons and corporate disclosure statement by Robert Pinheiro. (Martinez, Christopher) |
| Filing 10 CERTIFICATE of interested persons and corporate disclosure statement by National Fire & Marine Insurance Company identifying Corporate Parent National Indemnity Company, Corporate Parent Berkshire Hathaway Inc. for National Fire & Marine Insurance Company. (Smith, Stephen) |
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Filing 9
PROTECTIVE ORDER. Signed by Magistrate Judge Nicholas P. Mizell on 10/26/2023. (Attachments: #1 Exhibit)(WRW)
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Filing 8
CASE MANAGEMENT AND SCHEDULING ORDER: (HURRICANE IAN) Signed by Magistrate Judge Nicholas P. Mizell on 10/26/2023. (WRW)
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| Filing 7 CIVIL Action Order Signed by All Divisional Judges on 10/26/2023. (WRW) |
| Filing 6 NOTICE by National Fire & Marine Insurance Company Filing of Civil Cover Sheet (Smith, Stephen) |
| Filing 5 NOTICE TO COUNSEL Christopher A. Martinez 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. (Signed by Deputy Clerk). (BD) |
| Filing 4 NOTICE TO COUNSEL Stephen P. Smith that Form JS 44 Civil Cover Sheet is required for the Clerk of Court to initiate a civil docket sheet. File the Civil Cover Sheet in this action using the Notice (Other) event. (Signed by Deputy Clerk). (BD) |
| Filing 3 COMPLAINT against National Fire & Marine Insurance Company filed by Robert Pinheiro. (Originally filed in State Court on 9/13/2023) (BD) |
| Filing 2 NEW CASE ASSIGNED to Judge Sheri Polster Chappell and Magistrate Judge Nicholas P. Mizell. New case number: 2:23-cv-935-SPC-NPM. (ARC) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from Twentieth Judicial Circuit Court in and for Lee County, case number 2023-CA-0010603 filed in State Court on 09/13/2023. Filing fee $402, receipt number AFLMDC-21381483 filed by National Fire & Marine Insurance Company. (Attachments: #1 State Court COMPLAINT, #2 State Court Docket Sheet, #3 State Court Other Documents, #4 Civil Cover Sheet, #5 Exhibit A, #6 Exhibit B, #7 Exhibit C, #8 Exhibit D, #9 Exhibit E, #10 Exhibit F, #11 Exhibit G)(Smith, Stephen) Modified text on 10/24/2023 (BD). |
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