Green et al v. The Cincinnati Insurance Company
| John Green and Deanna Green |
| The Cincinnati Insurance Company |
| 2:2025cv00431 |
| May 23, 2025 |
| U.S. District Court for the Middle District of Florida |
| Nicholas P Mizell |
| John E Steele |
| Insurance |
| 28 U.S.C. § 1441 Notice of Removal-Insurance Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 17, 2025. A more recent docket listing may be available from PACER.
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| Filing 26 AMENDED ANSWER and affirmative defenses to #4 Complaint by The Cincinnati Insurance Company.(JOS) |
Filing 25
ENDORSED ORDER granting #23 defendant's motion for leave to amend answer and affirmative defenses. Because plaintiffs never responded to the motion, the court treats it as unopposed. See M.D. Fla. R. 3.01(c) ("If a party fails to timely respond, the motion is subject to treatment as unopposed."). The clerk is directed to separately docket the amended answer attached to defendant's motion (Doc. 23-1). Signed by Magistrate Judge Nicholas P. Mizell on 10/17/2025. (TLP)
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| Filing 24 NOTICE OF SELECTION of Terrence L. Lavy, ESQ. as mediator by The Cincinnati Insurance Company. (Clawson, Patrick) Modified text to remove caps on 10/10/2025 (AM). |
| Filing 23 MOTION to Amend Answer with Affirmative Defenses by The Cincinnati Insurance Company. (Attachments: #1 Exhibit Proposed Amended Answer with Affirmative Defenses)(Clawson, Patrick) Motions referred to Magistrate Judge Nicholas P. Mizell. |
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Filing 22
ORDER denying #19 plaintiff's amended motion to compel appraisal and denying as moot #21 defendant's motion for oral argument regarding the same. All deadlines outlined in the Hurricane Case Management and Scheduling Order (Doc. #7) will run from the date of this order. Signed by Magistrate Judge Nicholas P. Mizell on 8/25/2025. (TLP)
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| Filing 21 REQUEST for oral argument by The Cincinnati Insurance Company. (Clawson, Patrick) |
| Filing 20 DEFENDANT'S BRIEF re #19 Amended MOTION to Compel Appraisal MOTION to Stay MOTION to Stay Discovery filed by The Cincinnati Insurance Company. (Clawson, Patrick) |
| Filing 19 Amended MOTION to Compel Appraisal, MOTION to Stay Litigation and Discovery by Deanna Green, John Green. (Struble, Matthew) Motions referred to Magistrate Judge Nicholas P. Mizell. Modified text and added event on 6/30/2025 (GL). |
| Filing 18 NOTICE of a related action per Local Rule 1.07(c) by Deanna Green, John Green. Related case(s): No (Struble, Matthew) |
| Filing 17 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Deanna Green, John Green. (Struble, Matthew) |
| Filing 16 NOTICE of Lead Counsel Designation by Matthew Struble on behalf of Deanna Green, John Green. Lead Counsel: Matthew Struble. (Struble, Matthew) |
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Filing 15
TEXT ORDER directing compliance. Because plaintiffs failed to file their Local Rule 3.03 disclosure statement with their initial appearance, the court entered an order compelling them to do so and even provided a direct link to the proper form. (Doc. 13). Nevertheless, plaintiffs did not comply. Plaintiffs must promptly file their disclosure statement, or by July 8, 2025, show cause why they should not be sanctioned for noncompliance. Signed by Magistrate Judge Nicholas P. Mizell on 6/24/2025. (TLP)
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Filing 14
TEXT ORDER. On June 16, 2025, the court denied without prejudice plaintiffs' motion to compel appraisal and stay litigation for failure to comply with Local Rule 3.01(g) (Doc. 13). To date, plaintiffs have not refiled their motion. If plaintiffs want to file another motion to compel appraisal, that comports with the court's local rules, they must do so by June 27, 2025. Signed by Magistrate Judge Nicholas P. Mizell on 6/23/2025. (TLP)
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Filing 13
ENDORSED ORDER denying without prejudice #12 plaintiffs' motion to compel appraisal and stay litigation for failure to comply with Local Rule 3.01(g). Plaintiffs certified they are familiar with and will abide by the local rules and orders entered in this action. (Doc. #11). Yet, they failed to confer in good faith with defendant before filing their motion. The court tends to strictly enforce its motion-related conference requirements to foster communication between the parties, narrow or resolve issues without court involvement, and ensure that disputes are neither under- nor overstated when first presented to the court for resolution. Furthermore, plaintiffs failed to comply with Local Rule 3.03, which requires that, with the first appearance, each party must file a disclosure statement using the standard form from the clerk or the court's website. By June 23, 2025, plaintiffs must file their disclosure statement using the standard form, which can be found at: https://www.flmd.uscourts.gov/form/disclosure-statement. Signed by Magistrate Judge Nicholas P. Mizell on 6/16/2025. (TLP)
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| Filing 12 MOTION to Compel APPRAISAL, STAY LITIGATION AND DISCOVERY PENDING COMPLETION OF APPRAISAL, AND INCORPORATED MEMORANDUM OF LAW by Deanna Green, John Green. (Bowen, Alexander) Motions referred to Magistrate Judge Nicholas P. Mizell. |
| Filing 11 Joint CERTIFICATE of counsel by Patrick Clawson on behalf of The Cincinnati Insurance Company (Clawson, Patrick) Modified on 6/9/2025 to edit text. (FLY). |
| Filing 10 ANSWER and affirmative defenses to #4 Complaint by The Cincinnati Insurance Company. (Attachments: #1 Exhibit A-Certified policy)(Clawson, Patrick) |
| Filing 9 NOTICE of Lead Counsel Designation by Patrick Clawson on behalf of The Cincinnati Insurance Company. Lead Counsel: Patrick J. Clawson, Jr. (Clawson, Patrick) Modified docket text on 5/30/2025 (EVK). |
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Filing 8
HURRICANE INTERIM PROTECTIVE ORDER. Signed by Magistrate Judge Nicholas P. Mizell on 5/28/2025. (Attachments: #1 Exhibit)(WRW)
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Filing 7
CASE MANAGEMENT AND SCHEDULING ORDER: (HURRICANE) Signed by Magistrate Judge Nicholas P. Mizell on 5/28/2025. (WRW)
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| Filing 6 CIVIL Action Order Signed by All Divisional Judges on 5/28/2025. (WRW) |
| Filing 5 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). (BD) |
| Filing 4 COMPLAINT against The Cincinnati Insurance Company with Jury Demand filed by All Plaintiffs. (Originally filed in State Court on 4/25/2025) (BD) |
| Filing 3 NEW CASE ASSIGNED to Judge John E. Steele and Magistrate Judge Nicholas P. Mizell. New case number: 2:25-cv-431-JES-NPM. (ARL) |
| Filing 2 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by The Cincinnati Insurance Company identifying Corporate Parent Cincinnati Financial Corporation for The Cincinnati Insurance Company.. (Clawson, Patrick) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from Circuit Court of Lee County Florida, case number 2025-CA-002228 filed in State Court on 04-25-2025. Filing fee $405, receipt number AFLMDC-23393381 filed by The Cincinnati Insurance Company. (Attachments: #1 State Court COMPLAINT, #2 State Court Docket Sheet, #3 State Court Other Documents, #4 Civil Cover Sheet -State Court, #5 Civil Cover Sheet -Federal Court, #6 Exhibit A to Notice of Removal)(Clawson, Patrick) Modified text on 5/23/2025 (BD). |
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