Port Charlotte Lodge #2507 Order of the Sons of Italy in America, Inc. v. Westchester Surplus Lines Insurance Company
Plaintiff: Port Charlotte Lodge #2507 Order of the Sons of Italy in America, Inc.
Defendant: Westchester Surplus Lines Insurance Company
Case Number: 2:2024cv00040
Filed: January 12, 2024
Court: US District Court for the Middle District of Florida
Presiding Judge: Sheri Polster Chappell
Referring Judge: Nicholas P Mizell
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. ยง 1332 Diversity-Insurance Contract
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on February 15, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 15, 2024 Opinion or Order Filing 15 ORDERED: Plaintiff's motion to remand (Doc. #8) is GRANTED. Defendant's motion to dismiss (Doc. #9) is DENIED WITHOUT PREJUDICE to renew in state court. The Clerk of Court is directed to REMAND this case to the Circuit Court of the Twentieth Judicial Circuit in and for Charlotte County, Florida and CLOSE this case. Signed by Judge Sheri Polster Chappell on 2/15/2024. (AEH)
February 8, 2024 Filing 14 RESPONSE in Opposition re #8 First MOTION to Remand to State Court filed by Westchester Surplus Lines Insurance Company. (Pasternack, Chad)
February 6, 2024 Filing 13 CERTIFICATE of counsel of Familiarity with the Local Rules and Orders Entered to Date by Chad A. Pasternack on behalf of Westchester Surplus Lines Insurance Company (Pasternack, Chad)
February 5, 2024 Opinion or Order Filing 12 TEXT ORDER directing the clerk to strike #10 plaintiff's notice of unavailability as prohibited by Local Rule 3.08(c). Signed by Magistrate Judge Nicholas P. Mizell on 2/5/2024. (JMM)
February 5, 2024 Filing 11 NOTICE TO COUNSEL Brandon Michael Pharis 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)
February 2, 2024 Filing 10 ***STRICKEN PER ORDER 12***NOTICE by Port Charlotte Lodge #2507 Order of the Sons of Italy in America, Inc. of Unavailability. (Pharis, Brandon) Modified text on 2/5/2024 (GL). Modified on 2/5/2024 (CTR).
January 29, 2024 Filing 9 MOTION to Dismiss Amended Complaint by Westchester Surplus Lines Insurance Company. (Attachments: #1 Exhibit Notice of Intent to Initiate Litigation)(Pasternack, Chad)
January 29, 2024 Filing 8 First MOTION to Remand to State Court by Port Charlotte Lodge #2507 Order of the Sons of Italy in America, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B)(Pharis, Brandon) Modified on 1/29/2024 to edit text. (LD).
January 18, 2024 Filing 7 CORPORATE Disclosure Statement by Westchester Surplus Lines Insurance Company identifying Other Affiliate Chubb Limited, Other Affiliate Chubb US Holdings, Inc., Other Affiliate Chubb Group Holdings, Inc., Other Affiliate Chubb Limited (NYSE: CB), Other Affiliate Chubb Limited (CB) for Westchester Surplus Lines Insurance Company.. (Pasternack, Chad)
January 18, 2024 Opinion or Order Filing 6 PROTECTIVE ORDER. Signed by Magistrate Judge Nicholas P. Mizell on 1/18/2024. (Attachments: #1 Exhibit)(WRW)
January 18, 2024 Opinion or Order Filing 5 CASE MANAGEMENT AND SCHEDULING ORDER: (HURRICANE IAN) Signed by Magistrate Judge Nicholas P. Mizell on 1/18/2024. (WRW)
January 18, 2024 Filing 4 CIVIL Action Order Signed by All Divisional Judges on 1/18/2024. (WRW)
January 12, 2024 Filing 3 AMENDED COMPLAINT against Westchester Surplus Lines Insurance Company with Jury Demand. filed by Port Charlotte Lodge #2507 Order of the Sons of Italy in America, Inc. ***Filed in State Court on 12/14/2023***(LD)
January 12, 2024 Filing 2 NEW CASE ASSIGNED to Judge Sheri Polster Chappell and Magistrate Judge Nicholas P. Mizell. New case number: 2:24-cv-40-SPC-NPM. (RLK)
January 12, 2024 Filing 1 COMPLAINT and NOTICE OF REMOVAL from Circuit Court, Charlotte County, case number 23-2812-CA filed in State Court on 12/14/23. Filing fee $405, receipt number AFLMDC-21652370 filed by Westchester Surplus Lines Insurance Company. (Attachments: #1 State Court COMPLAINT, #2 State Court Docket Sheet, #3 State Court Other Documents Part 1, #4 State Court Other Documents Part 2, #5 State Court Other Documents Part 3, #6 Civil Cover Sheet, #7 Exhibit Built-Rite Contracting LLC Repair Estimate)(Pasternack, Chad)

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Plaintiff: Port Charlotte Lodge #2507 Order of the Sons of Italy in America, Inc.
Represented By: Brandon Pharis
Represented By: Brandon Michael Pharis
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Defendant: Westchester Surplus Lines Insurance Company
Represented By: Chad A. Pasternack
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