Fitzgerald v. Metropolitan Tower Life Insurance Company
| Timothy Fitzgerald |
| Metropolitan Life Insurance Company and Metropolitan Tower Life Insurance Company |
| 2:2023cv00994 |
| November 6, 2023 |
| US District Court for the Middle District of Florida |
| John L Badalamenti |
| Kyle C Dudek |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Insurance Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 12, 2023. A more recent docket listing may be available from PACER.
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Filing 23
TEXT ORDER. On December 4, 2023, Plaintiff filed a Notice of Voluntary Dismissal (Doc. #21). Thereafter, on December 6, 2023, the parties filed a Joint Stipulation for Dismissal with Prejudice (Doc. #22). Dismissal, however, was "effective immediately upon the filing of" Plaintiff's Notice of Voluntary Dismissal (Doc. #21). Matthews v. Gaither, 902 F.2d 877, 880 (11th Cir. 1990) (per curiam); see Fed. R. Civ. P. 41(a)(1)(A)(i). Accordingly, based on the Notice (Doc. #21), the Clerk of Court is DIRECTED to terminate any pending deadlines and motions and close the file. Signed by Judge John L. Badalamenti on 12/12/2023. (MAG)
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| Filing 22 STIPULATION of Dismissal with Prejudice by Metropolitan Tower Life Insurance Company. (Jacobson, Jeannine) |
| Filing 21 NOTICE of voluntary dismissal by Timothy Fitzgerald (Page, Whitney) |
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Filing 20
TEXT ORDER. Plaintiff has filed a Notice of Settlement. (Doc. #19). Accordingly, this action is DISMISSED without prejudice subject to the right of any party within 30 days to file another paper per Local Rule 3.09(b) or to move to reopen the case, which motion the Court would liberally grant. If no such papers have been filed within this 30-day period, the dismissal of this case shall be with prejudice. The Clerk of Court is now DIRECTED to deny all pending motions as moot, terminate any deadlines, and close the case, subject to reopening if the parties file an appropriate motion within the 30-day deadline set forth above. Signed by Judge John L. Badalamenti on 11/20/2023. (MAG)
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| Filing 19 NOTICE of settlement by Timothy Fitzgerald (Page, Whitney) |
| Filing 18 NOTICE of compliance re 10 Notice to Counsel of Local Rule by Metropolitan Tower Life Insurance Company (Pilcher, Elizabeth) |
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Filing 17
ENDORSED ORDER granting #15 Defendant's Unopposed Motion for Extension of Time to Respond to the Complaint. Given the parties' agreement, and otherwise finding good cause, Defendant must respond to the complaint by 12/4/23. Signed by Magistrate Judge Kyle C. Dudek on 11/9/2023. (BLW)
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| Filing 16 NOTICE of compliance re 9 Notice to Counsel of Local Rule by Metropolitan Tower Life Insurance Company (Jacobson, Jeannine) |
| Filing 15 Unopposed MOTION for Extension of Time to File Response/Reply as to #1 Notice of Removal by Metropolitan Tower Life Insurance Company. (Jacobson, Jeannine) Motions referred to Magistrate Judge Kyle C. Dudek. |
| Filing 14 Amended COMPLAINT and NOTICE OF REMOVAL re #1 Notice of Removal from 20th Judicial Circuit, case number 23-003840-CA filed in State Court on 10/4/2023. filed by Metropolitan Tower Life Insurance Company. (Attachments: #1 Exhibit 1 State Court COMPLAINT, #2 Exhibit 2 State Court Other Documents, #3 Exhibit 3)(Jacobson, Jeannine) Modified text on 11/13/2023 (MCB). |
| Filing 13 CERTIFICATE of interested persons and corporate disclosure statement re #3 Civil Action Order by Metropolitan Tower Life Insurance Company identifying Corporate Parent Metlife, Inc. for Metropolitan Tower Life Insurance Company. (Jacobson, Jeannine) |
| Filing 12 NOTICE of a related action per Local Rule 1.07(c) by Timothy Fitzgerald. Related case(s): No (Page, Whitney) |
| Filing 11 NOTICE of Lead Counsel Designation by Jeannine Cline Jacobson on behalf of Metropolitan Tower Life Insurance Company. Lead Counsel: Jeannine C. Jacobson. (Jacobson, Jeannine) |
| Filing 10 NOTICE TO COUNSEL Elizabeth Pilcher 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) |
| Filing 9 NOTICE TO COUNSEL Jeannine Jacobson and Elizabeth Pilcher 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) |
| Filing 8 COMPLAINT against Metropolitan Tower Life Insurance Company with Jury Demand. Filed in State Court 10/4/2023(ARL) |
| Filing 7 **COUNSEL NOTIFIED TO REFILE USING CORRECT EVENT** NOTICE by Timothy Fitzgerald Pendency of Other Actions (Page, Whitney) Modified on 11/7/2023 as to docket text (ARL). |
| Filing 6 CERTIFICATE of interested persons and corporate disclosure statement by Timothy Fitzgerald. (Page, Whitney) |
| Filing 5 NOTICE of Lead Counsel Designation by Whitney Page on behalf of Timothy Fitzgerald. Lead Counsel: Whitney Page, Esq. (Page, Whitney) |
| Filing 4 NOTICE of hearing: Preliminary Pretrial Conference set for 1/2/2024 at 09:15 AM via Zoom Video Conference before Magistrate Judge Kyle C. Dudek. Case Management Report due by 12/15/2023. Zoom instructions will be sent via separate email to counsel of record. (CGW) |
| Filing 3 CIVIL Action Order. Signed by All Divisional Judges on 11/7/2023. (CGW) |
| Filing 2 NEW CASE ASSIGNED to Judge John L. Badalamenti and Magistrate Judge Kyle C. Dudek. New case number: 2:23-cv-00994-JLB-KCD. (JG) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from Charlotte County Circuit Court, case number 23-003840-CA filed in State Court on October 4, 2023. Filing fee $402, receipt number AFLMDC-21430895 filed by Metropolitan Life Insurance Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 State Court COMPLAINT, #5 State Court Docket Sheet, #6 State Court Other Documents, #7 Civil Cover Sheet)(Jacobson, Jeannine) |
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