Azari et al v. National Fire & Marine Insurance Company
| Karen Azari and Rafael Azari |
| National Fire & Marine Insurance Company |
| 2:2024cv00941 |
| October 7, 2024 |
| U.S. District Court for the Middle District of Florida |
| Nicholas P Mizell |
| John E Steele |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Both |
Docket Report
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This docket was last retrieved on December 5, 2024. A more recent docket listing may be available from PACER.
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| Filing 25 Minute Entry. Telephonic Proceedings held before Magistrate Judge Nicholas P. Mizell: STATUS CONFERENCE held on 12/4/2024. (digital) (WRW) |
| Filing 24 NOTICE canceling Motion Hearing scheduled for 12/9/2024 (WRW) |
| Filing 23 NOTICE of hearing: TELEPHONIC Status Conference set for 12/4/2024 at 01:00 PM before Magistrate Judge Nicholas P. Mizell. Join by phone: 1-855-244-8681 Toll Free, Access code: 23015190142 (WRW) |
Filing 22
TEXT ORDER. As the parties are aware, the court has scheduled a hearing on plaintiffs' motion to compel appraisal on December 9, 2024 (Doc. 21). In the interim, notwithstanding contrary language in the Hurricane Scheduling Order, the court requests that the parties proceed with the exchange of automatic discovery as set forth in the Scheduling Order (Doc. #16 at 3-13). To the extent the parties have not conducted examinations under oath, the parties should move forward with completing the examinations as well. Signed by Magistrate Judge Nicholas P. Mizell on 11/8/2024. (TLP)
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| Filing 21 NOTICE of hearing on motion re #15 MOTION to Compel Appraisal . Motion Hearing set for 12/9/2024 at 10:00 AM in Ft. Myers Courtroom 5 C before Magistrate Judge Nicholas P. Mizell. (WRW) |
| Filing 20 Joint NOTICE of Certification Regarding Local Rules and Certification of Orders re 19 Order by Karen Azari, Rafael Azari (Barnhill, David) Modified text on 11/6/2024 (MGB). |
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Filing 19
TEXT ORDER. The Hurricane Scheduling Order (Doc. #16) 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 November 19, 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. The parties are reminded that the Scheduling Order conveniently includes a table summarizing all deadlines. (Doc. #16 at 17-18). Signed by Magistrate Judge Nicholas P. Mizell on 11/5/2024. (TLP)
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| Filing 18 RESPONSE in Opposition re #15 MOTION to Compel Appraisal filed by National Fire & Marine Insurance Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit Composite 4, #5 Exhibit Composite 5)(Kelly, Donald) |
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Filing 17
PROTECTIVE ORDER. Signed by Magistrate Judge Nicholas P. Mizell on 10/21/2024. (Attachments: #1 Exhibit)(WRW)
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| Filing 16 CASE MANAGEMENT AND SCHEDULING ORDER: (HURRICANE IAN) Signed by All Divisional Judges on 10/21/2024. (WRW) |
| Filing 15 MOTION to Compel Appraisal by Karen Azari, Rafael Azari. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Barnhill, David) Motions referred to Magistrate Judge Nicholas P. Mizell. |
| Filing 14 NOTICE of Lead Counsel Designation by David Duff Barnhill on behalf of Karen Azari, Rafael Azari. Lead Counsel: David D. Barnhill. (Barnhill, David) |
| Filing 13 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Karen Azari, Rafael Azari identifying Other Affiliate David Barnhill, Other Affiliate McDonald & Barnhill, P.A., Other Affiliate Andrew P McDonald, Other Affiliate Rami boaziz, Other Affiliate Stellar Public Adjusting Services, LLC for Karen Azari, Rafael Azari.. (Barnhill, David) |
| Filing 12 NOTICE of a related action per Local Rule 1.07(c) by Karen Azari, Rafael Azari. Related case(s): Yes (Barnhill, David) |
| Filing 11 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by National Fire & Marine Insurance Company identifying Corporate Parent Berkshire Hathaway, Inc. for National Fire & Marine Insurance Company.. (Kelly, Donald) |
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Filing 10
TEXT ORDER. Local Rule 3.03 requires that each party file a disclosure statement using the standard form from the clerk or the court's website. However, in filing its disclosure, defendant used an outdated form. As such, the paper is deemed stricken, and the clerk is directed to delete the PDF file (Doc. 9) from the CM/ECF docket. By October 31, 2024, defendant must refile its disclosure statement using the proper form, which can be found at: https://www.flmd.uscourts.gov/form/disclosure-statement. Signed by Magistrate Judge Nicholas P. Mizell on 10/17/2024. (TLP)
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| Filing 9 STRICKEN AND REMOVED PURSUANT TO COURT'S 10 ORDER DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by National Fire & Marine Insurance Company identifying Corporate Parent Berkshire Hathaway, Inc. for National Fire & Marine Insurance Company. (Kelly, Donald) Modified on 10/17/2024 to edit the docket text (MLB). Modified text on 10/18/2024 (AA). |
| Filing 8 NOTICE of a related action per Local Rule 1.07(c) by National Fire & Marine Insurance Company. Related case(s): No (Kelly, Donald) |
| Filing 7 NOTICE of Lead Counsel Designation by Donald Grayson Kelly on behalf of National Fire & Marine Insurance Company. Lead Counsel: D. Grayson Kelly, Esq. (Kelly, Donald) Modified on 10/17/2024 to edit the docket text(MLB). |
| Filing 6 CIVIL Action Order Signed by All Divisional Judges on 10/15/2024. (WRW) |
| Filing 5 ANSWER and affirmative defenses to #4 Complaint with Jury Demand by National Fire & Marine Insurance Company. (Filed in state court 8/16/2024.)(LNR) |
| Filing 4 COMPLAINT against National Fire & Marine Insurance Company with Jury Demand filed by Rafael Azari, Karen Azari. (Filed in state court 7/25/2024.)(LNR) |
| Filing 3 NOTICE 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). (LNR) |
| Filing 2 NEW CASE ASSIGNED to Judge John E. Steele and Magistrate Judge Nicholas P. Mizell. New case number: 2:24-cv-00941-JES-NPM. (JOS) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from the 20th Judicial Circuit, Charlotte County, case number 24001653CA filed in State Court on 7/25/24. Filing fee $405, receipt number AFLMDC-22596282 filed by National Fire & Marine Insurance Company. (Attachments: #1 State Court COMPLAINT, #2 State Court ANSWER, #3 State Court Docket Sheet, #4 State Court Other Documents Composite Exhibit 1, #5 Exhibit 2, #6 Civil Cover Sheet)(Kelly, Donald) |
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