Duke et al v. Westchester Surplus Lines Insurance Company
| Stephen Duke and Jane Duke |
| Westchester Surplus Lines Insurance Company |
| 2:2023cv00964 |
| October 27, 2023 |
| US District Court for the Middle District of Florida |
| Sheri Polster Chappell |
| Nicholas P Mizell |
| Insurance |
| 28 U.S.C. § 1441 Notice of Removal-Insurance Contract |
| Plaintiff |
Docket Report
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| Filing 25 NOTICE OF SELECTION of Peter Abraham as mediator by Westchester Surplus Lines Insurance Company. (Bustamante, Tiffany) |
Filing 24
TEXT ORDER directing compliance: The parties certified that they are familiar with and will abide by the local rules and orders entered in this action. (Doc. #19). Yet they have not filed a joint notice of selection of mediator by the date required in the hurricane scheduling order. (Doc. #11). By December 26, 2023, the parties must either file the joint notice of selection of mediator or show cause why they should not be sanctioned for noncompliance. Signed by Magistrate Judge Nicholas P. Mizell on 12/19/2023. (JMM)
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| Filing 23 RESPONSE in Opposition re #13 MOTION to Dismiss Plaintiff's Complaint filed by Jane Duke, Stephen Duke. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Acosta, David) |
| Filing 22 CERTIFICATE of interested persons and corporate disclosure statement by Jane Duke, Stephen Duke. (Acosta, David) |
| Filing 21 NOTICE of a related action per Local Rule 1.07(c) by Jane Duke, Stephen Duke. Related case(s): Yes (Acosta, David) |
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Filing 20
ENDORSED ORDER. This matter comes before the Court on sua sponte review of the file. Plaintiffs did not timely respond to Defendant's Motion to Dismiss Plaintiffs' Complaint (Doc. #13). Accordingly, the Court ORDERS Plaintiffs to show cause on or before December 15, 2023, why Defendant's Motion to Dismiss should not be treated as unopposed. See Local Rule 3.01(c). Failure to comply with this Order will result in the Defendant's Motion to Dismiss being treated as unopposed. Signed by Judge Sheri Polster Chappell on 12/8/2023. (LAH)
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| Filing 19 JOINT NOTICE of Familiarity with the Local Rules and Ordered Entered to Date by Westchester Surplus Lines Insurance Company. (Bustamante, Tiffany) Modified on 11/17/2023 to edit text (ELM). |
| Filing 16 AMENDED NOTICE of Appearance by David Acosta on behalf of Jane Duke, Stephen Duke (Acosta, David) Modified on 11/14/2023 to edit docket text (JDR). |
| Filing 15 NOTICE of compliance re #13 MOTION to Dismiss Plaintiff's Complaint by Westchester Surplus Lines Insurance Company (Bustamante, Tiffany) |
| Filing 14 CERTIFICATE of interested persons and corporate disclosure statement re #10 Civil Action Order by Westchester Surplus Lines Insurance Company identifying Corporate Parent Chubb Limited, Corporate Parent Chubb Group Holdings Inc., Corporate Parent Chubb US Holdings Inc., Corporate Parent Chubb Limited (NYSE: CB), Other Affiliate Adry Polo, Other Affiliate Kandell, Kandell & Petrie, Other Affiliate Sol G Velasquez, Other Affiliate Alconero & Associates, Other Affiliate SGV Legal for Westchester Surplus Lines Insurance Company. (Bustamante, Tiffany) |
| Filing 13 MOTION to Dismiss Plaintiff's Complaint by Westchester Surplus Lines Insurance Company. (Attachments: #1 Exhibit Charlotte County Property Appraiser, #2 Exhibit Data Tree)(Bustamante, Tiffany) |
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Filing 12
PROTECTIVE ORDER. Signed by Magistrate Judge Nicholas P. Mizell on 11/1/2023. (Attachments: #1 Exhibit)(WRW)
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Filing 11
CASE MANAGEMENT AND SCHEDULING ORDER: (HURRICANE IAN) Signed by Magistrate Judge Nicholas P. Mizell on 11/1/2023. (WRW)
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| Filing 10 CIVIL Action Order Signed by All Divisional Judges on 11/1/2023. (WRW) |
| Filing 8 NOTICE TO COUNSEL Adry Polo 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). (GL) |
| Filing 7 NOTICE TO COUNSEL Adry Polo 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). (GL) |
| Filing 6 NOTICE TO COUNSEL Adry Polo and Sol Velasquez 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). (GL) |
| Filing 5 NOTICE TO COUNSEL Sol G. Velasquez 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). (JG) |
| Filing 4 NEW CASE ASSIGNED to Judge Sheri Polster Chappell and Magistrate Judge Nicholas P. Mizell. New case number: 2:23-cv-00964-SPC-NPM. (JG) |
| Filing 3 NOTICE of Lead Counsel Designation by John David Dickenson on behalf of Westchester Surplus Lines Insurance Company. Lead Counsel: John David Dickenson. (Dickenson, John) |
| Filing 9 COMPLAINT against Westchester Surplus Lines Insurance Company with Jury Demand filed by Stephen Duke, Jane Duke. Filed in state court on 9/19/2023. (GL) |
| Filing 2 NOTICE by Westchester Surplus Lines Insurance Company re #1 Notice of Removal of Filing Exhibit 3 to Notice of Removal. (Attachments: #1 Exhibit 3 - Insurance Policy)(Dickenson, John) Modified text on 10/31/2023 (GL). |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from the 20th Judicial Circuit, Charlotte County, case number 23003634CA filed in State Court on 09/19/2023. Filing fee $402, receipt number AFLMDC-21403381 filed by Westchester Surplus Lines Insurance Company. (Attachments: #1 State Court COMPLAINT, #2 State Court Docket Sheet, #3 State Court Other Documents, #4 Civil Cover Sheet, #5 Exhibit 1 - Voter Registrations, #6 Exhibit 2 - Notice of Intent Correspondence )(Bustamante, Tiffany) Modified image and text on 10/31/2023 (GL). |
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