My Child Care Inc. v. Westchester Surplus Lines Insurance Company

Plaintiff: My Child Care Inc. d/b/a Little People Preschool and My Child Care Inc. doing business as Little People Preschool
Defendant: Westchester Surplus Lines Insurance Company
Case Number: 2:2024cv00220
Filed: March 8, 2024
Court: US District Court for the Middle District of Florida
Presiding Judge: Kyle C Dudek
Referring Judge: John E Steele
Nature of Suit: Insurance
Cause of Action: 12 U.S.C. § 0635 Breach of Insurance Contract
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on April 22, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 22, 2024 Filing 20 ORDER granting #17 Motion Motion for Appraisal and to Stay Pending Completion of Appraisal. This case is STAYED pending appraisal, and the Clerk must add a stay flag to the file and ADMINISTRATIVELY CLOSE THE CASE. The parties are DIRECTED to file a joint report on the status of appraisal by July 22, 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 4/22/2024. (CGW)
April 18, 2024 Filing 19 NOTICE by Westchester Surplus Lines Insurance Company re #18 Response to motion for appraisal (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Konstam, Aaron)
April 18, 2024 Filing 18 RESPONSE to Motion re #14 MOTION for Appraisal in Accordance with Hurricane Scheduling Order filed by Westchester Surplus Lines Insurance Company. (Konstam, Aaron)
April 12, 2024 Filing 17 MOTION for Miscellaneous Relief, specifically Appraisal by My Child Care Inc. (Trescastro, Daniel) Motions referred to Magistrate Judge Kyle C. Dudek.
April 12, 2024 Filing 16 ENDORSED ORDER terminating #14 Plaintiff's Motion for Appraisal because the motion was denied without prejudice at Doc. 15. Signed by Magistrate Judge Kyle C. Dudek on 4/12/2024. (BLW)
April 12, 2024 Filing 15 ENDORSED ORDER. Plaintiff failed to supplement the 3.01(g) certification included in its recent motion as required (Doc. 14). Accordingly, the motion (Doc. 14) is DENIED WITHOUT PREJUDICE. Should Plaintiff re-file the motion, counsel should be mindful that the term "confer" in Local Rule 3.01(g) requires the parties to engage in a substantive conversation, whether in person, by telephone, or via videoconference. Signed by Magistrate Judge Kyle C. Dudek on 4/12/2024. (DM)
April 5, 2024 Filing 14 MOTION for Appraisal in Accordance with Hurricane Scheduling Order by My Child Care Inc. d/b/a Little People Preschool. (Trescastro, Daniel) Motions referred to Magistrate Judge Kyle C. Dudek. Modified text on 4/8/2024 (BD).
March 29, 2024 Filing 13 NOTICE of compliance with Hurricane Ian Scheduling Order/i> by My Child Care Inc. d/b/a Little People Preschool (Santisteban, Jr., Carlos) Modified text on 4/1/2024 (SET).
March 15, 2024 Filing 12 ANSWER and affirmative defenses to Complaint by Westchester Surplus Lines Insurance Company.(Konstam, Aaron)
March 15, 2024 Filing 11 NOTICE of Attorney Appearance by Carlos Santisteban, Jr. on behalf of My Child Care Inc. d/b/a Little People Preschool (Santisteban, Jr., Carlos)
March 12, 2024 Filing 10 NOTICE TO ALL COUNSEL 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)
March 11, 2024 Filing 8 HURRICANE IAN INTERIM PROTECTIVE ORDER which is referenced in and hereby attached to the #7 Case Management Scheduling Order (Hurricane Ian). Signed by Magistrate Judge Kyle C. Dudek on 3/11/2024. (Attachments: #1 Exhibit A.) (CGW)
March 11, 2024 Filing 7 CASE MANAGEMENT AND SCHEDULING ORDER (HURRICANE IAN): See Order for dates and details. Signed by Magistrate Judge Kyle C. Dudek on 3/11/2024. (CGW)
March 11, 2024 Filing 6 CIVIL Action Order. Signed by All Divisional Judges on 3/11/2024. (CGW)
March 8, 2024 Filing 9 COMPLAINT against My Child Care Inc. d/b/a Little People Preschool with Jury Demand filed by Westchester Surplus Lines Insurance Company. FILED in State Court on 1/30/24. (JTM)
March 8, 2024 Filing 5 NOTICE TO COUNSEL Daniel Trescastro 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). (ARL)
March 8, 2024 Filing 4 NEW CASE ASSIGNED to Judge John E. Steele and Magistrate Judge Kyle C. Dudek. New case number: 2:24-cv-220-JES-KCD. (ARL)
March 8, 2024 Filing 3 NOTICE of Lead Counsel Designation by Aaron Phillip Konstam on behalf of Westchester Surplus Lines Insurance Company. Lead Counsel: Aaron Konstam. (Konstam, Aaron)
March 8, 2024 Filing 2 CERTIFICATE of interested persons and corporate disclosure statement by Westchester Surplus Lines Insurance Company identifying Other Affiliate Chubb Limited, Other Affiliate Chubb Group Holdings Inc., Other Affiliate Chubb US Holdings Inc. for Westchester Surplus Lines Insurance Company. (Konstam, Aaron)
March 8, 2024 Filing 1 COMPLAINT and NOTICE OF REMOVAL from 20th Judicial Court of Lee County, Florida, case number 2024-CA-000901 filed in State Court on 01/30/2024. Filing fee $405, receipt number AFLMDC-21851365 filed by Westchester Surplus Lines Insurance Company. (Attachments: #1 State Court COMPLAINT Composite Exh. A, #2 State Court Docket Sheet, #3 State Court Other Documents, #4 Civil Cover Sheet, #5 Exhibit Exh. B, #6 Exhibit Composite Exh. C)(Konstam, Aaron)

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Plaintiff: My Child Care Inc. d/b/a Little People Preschool
Represented By: Daniel Trescastro
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Plaintiff: My Child Care Inc. doing business as Little People Preschool
Represented By: Carlos Santisteban, Jr.
Represented By: Daniel Adam Trescastro
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Defendant: Westchester Surplus Lines Insurance Company
Represented By: Bryan Matthew Walsh
Represented By: Eric A. Hiller
Represented By: Aaron Phillip Konstam
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