First Myers, LLC v. Westchester Surplus Lines Insurance Company
| FIRST MYERS, LLC |
| Westchester Surplus Lines Insurance Company |
| 2:2024cv00279 |
| March 28, 2024 |
| U.S. District Court for the Middle District of Florida |
| John L Badalamenti |
| Kyle C Dudek |
| Insurance |
| 28 U.S.C. ยง 1332 Diversity-Notice of Removal |
| Both |
Docket Report
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This docket was last retrieved on May 14, 2024. A more recent docket listing may be available from PACER.
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Filing 19
ORDER denying #14 Motion to Remand to State Court. Signed by Magistrate Judge Kyle C. Dudek on 5/14/2024. (CGW)
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| Filing 18 Joint Certification of Familiarity and to Abide with Local Rules and Orders entered to date by Westchester Surplus Lines Insurance Company (Showell, Erica) Modified on 5/6/2024 to edit docket text (AJS). |
| Filing 17 RESPONSE in Opposition re #14 Amended MOTION to Remand to State Court filed by Westchester Surplus Lines Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Showell, Erica) |
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Filing 16
ENDORSED ORDER directing Defendant Westchester Surplus Lines Insurance Company to respond to #14 Plaintiff's Amended Motion to Remand. Response due by 5/3/24. If nothing is filed, the motion will be treated as unopposed. See Local Rule 3.01(c). Signed by Magistrate Judge Kyle C. Dudek on 4/29/2024. (BLW)
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Filing 15
ENDORSED ORDER. The #7 Hurricane Ian Scheduling Order requires a joint certification that the parties are familiar with and will abide by the court's local rules and orders entered as of the certification date. The parties failed to file a certification by the required date. They must promptly file the certification, or, by 5/3/2024, they must show cause why they should not be sanctioned for neither participating in the filing of the joint notice nor seeking any relief from the certification requirement. Signed by Magistrate Judge Kyle C. Dudek on 4/26/2024. (DM)
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| Filing 14 Amended MOTION to Remand to State Court by First Myers, LLC. (Attachments: #1 Exhibit State Court Service of Process, #2 Exhibit State Court Clerk Default, #3 Exhibit State Court Def. Notice of App., #4 Exhibit State Court Def. Mt. to Set Aside Default, #5 Exhibit State Court Def. Proposed Order Filings, #6 Exhibit State Court Order Setting Aside Default, #7 Exhibit State Court Docket Sheet of 4/10/24, #8 Exhibit State Court Docket Sheet of 4/12/24)(Basco, Nicholas) Motions referred to Magistrate Judge Kyle C. Dudek. |
| FEES Paid by Westchester Surplus Lines Insurance Company (Filing fee $405, Receipt Number 16567). (ABM) |
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Filing 13
ENDORSED ORDER denying without prejudice for failure to comply with Local Rule 3.01(g) #11 Plaintiff's Motion to Remand. Plaintiff must confer with opposing counsel and denote its position with respect to the relief sought. Any renewed motion must indicate in its Rule 3.01(g) certification the manner of conferral and any agreements reached. Further, future filings must comply with the typography requirements of Local Rule 1.08. Signed by Magistrate Judge Kyle C. Dudek on 4/11/2024. (BLW)
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| Filing 12 ANSWER and affirmative defenses to Complaint with Jury Demand by Westchester Surplus Lines Insurance Company. (Showell, Erica) Modified text on 4/11/2024 (GL). |
| Filing 11 MOTION to Remand to State Court by First Myers, LLC. (Attachments: #1 Exhibit State Court Service of Process, #2 Exhibit State Court Clerk Default, #3 Exhibit State Court Def. Notice of App., #4 Exhibit State Court Def. Mt. to Set Aside Default, #5 Exhibit State Court Def. Proposed Order Filings, #6 Exhibit State Court Order Setting Aside Default, #7 Exhibit State Court Docket Sheet)(Basco, Nicholas) Motions referred to Magistrate Judge Kyle C. Dudek. |
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Filing 10
ENDORSED ORDER. Defendant Westchester Surplus Lines Insurance Company has failed to respond to #4 the Complaint within the time required by Rule 81 of the Rules of Civil Procedure. Defendant must respond to the Complaint or file a motion for an extension of time to respond by 4/16/2024. Signed by Magistrate Judge Kyle C. Dudek on 4/10/2024. (DM)
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Filing 9
ENDORSED ORDER directing Defendant to pay the $405 filing fee by 4/12/24. Signed by Magistrate Judge Kyle C. Dudek on 4/10/2024. (BLW)
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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 4/1/2024. (Attachments: #1 Exhibit A.) (CGW)
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| Filing 7 CASE MANAGEMENT AND SCHEDULING ORDER (HURRICANE IAN): See Order for dates and details. Signed by All Divisional Judges on 4/1/2024. (CGW) |
| Filing 6 CIVIL Action Order. Signed by All Divisional Judges on 4/1/2024. (CGW) |
| Filing 5 NOTICE of Lead Counsel Designation by Erica Showell on behalf of Westchester Surplus Lines Insurance Company. Lead Counsel: Erica A. Showell. (Showell, Erica) |
| Filing 4 COMPLAINT against Westchester Surplus Lines Insurance Company with Jury Demand filed by First Myers, LLC. Filed in State court on 2/17/2024 (AJS) |
| Filing 3 NOTICE TO 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). (AJS) |
| Filing 2 NEW CASE ASSIGNED to Judge John L. Badalamenti and Magistrate Judge Kyle C. Dudek. New case number: 2:24-cv-279-JLB-KCD. (ARL) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from 20th Judicial Circuit, Lee County, FL case number 24-CA-001421 filed in State Court on 02/17/2024 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 Policy, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit)(Ramsammy, Louisa) Modified on 3/29/2024 to edit docket text (AJS). |
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| Plaintiff: FIRST MYERS, LLC | |
| Represented By: | Glen B. Levine |
| Represented By: | Nicholas Peter Basco |
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| Defendant: Westchester Surplus Lines Insurance Company | |
| Represented By: | Erica Showell |
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