Southwind Risk Retention Group v. Triple E Trucking, LLC et al
| SOUTHWIND RISK RETENTION GROUP |
| TRIPLE E TRUCKING, LLC, ELIO CHAVEZ CABRERA and CODY JAMES HOUCHIN TROXEL |
| 2:2025cv00945 |
| October 20, 2025 |
| U.S. District Court for the Middle District of Florida |
| Kyle C Dudek |
| Nicholas P Mizell |
| Insurance |
| 28 U.S.C. § 2201 Declaratory Judgment (Insurance) |
| None |
Docket Report
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This docket was last retrieved on April 9, 2026. A more recent docket listing may be available from PACER.
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| Filing 28 RESPONSE TO ORDER TO SHOW CAUSE re 26 Order filed by Southwind Risk Retention Group. (Savino, Brittney) |
| Filing 27 MOTION for Alternative Service by U.S. Marshal as to Defendants Elio Chavez Cabrera and Triple Trucking LLC by Southwind Risk Retention Group. (Attachments: #1 Exhibit 1 - Affidavit of Due Diligence, #2 Exhibit A - Returns of Non-Service, #3 Exhibit B - Non-Military Affidavit, #4 Exhibit 2 - Unexecuted Waivers of Service)(Savino, Brittney) Modified text on 4/9/2026 (BD). |
Filing 26
TEXT ORDER. The court gave Plaintiff until February 20, 2026, to effect service of process upon or obtain waivers from defendants Elio Chavez Cabrera and Triple E. Trucking, LLC (Doc. 19). Then we issued a second order on January 28, stating that if Cabrera and Triple E. Trucking did not waive service within 45 days, we would entertain a request to serve these defendants via the U.S. Marshals Service (Doc. #23). To date, Cabrera and Triple E. Trucking have not returned waivers, nor has Plaintiff requested that the U.S. Marshals assist with service of process. By April 13, 2026, Plaintiff must show cause why this case should not be dismissed for lack of prosecution. Signed by Magistrate Judge Nicholas P. Mizell on 3/30/2026. (TLP)
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| Filing 25 NOTICE of compliance and Clarification of Scope of Representation re #23 Order by Sastre, Saavedra & Epstein (Epstein, Aaron) Modified on 1/30/2026 (SPM). |
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Filing 24
ENDORSED ORDER denying as moot #15, #21, #22 plaintiff's motion and renewed motion for service by publication as to Elio Chavez Cabrera and motion for extension of time to effect service on Cabrera given the courts January 28 order (Doc. #23) directing plaintiff to send waivers of service to Cabrera and Triple E Trucking, LLC's counsel. Signed by Magistrate Judge Nicholas P. Mizell on 1/28/2026. (TLP)
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Filing 23
ORDER directing plaintiff to send appropriate waivers of service to defendants Cabrera and Triple E Trucking, LLC's counsel of record in the underlying state court matter, Aaron H. Epstein and Cruz Rangel, within two weeks of this order and to promptly file any waivers. If, within 45 days of this order, Cabrera and Triple E do not waive service or accept service via their counsel, then we will entertain or request that the U.S. Marshal locate and serve Cabrera at Cabrera's expense. See order for details. Signed by Magistrate Judge Nicholas P. Mizell on 1/28/2026. (TLP)
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| Filing 22 Second MOTION for Extension of Time to Effect Service on Defendant Elio Chavez Cabrera by Southwind Risk Retention Group. (Taylor, Rebecca) Modified text on 1/26/2026 (ABM). |
| Filing 21 Unopposed MOTION for Service by Publication and Issuance by Clerk of a Notice of Action as to Elio Chavez Cabrera/i> by Southwind Risk Retention Group. (Attachments: #1 Exhibit 1 - Affidavit of Due Diligence, #2 Exhibit A - Returns of Non-Service, #3 Exhibit B - Non-Military Affidavit, #4 Exhibit 2 - Notice of Action)(Taylor, Rebecca) Motions referred to Magistrate Judge Nicholas P. Mizell. Modified text on 1/26/2026 (ABM). |
| Filing 20 AFFIDAVIT of Compliance of Service of Process on Triple E Trucking LLC, Through The Secretary of State by Southwind Risk Retention Group. (Attachments: #1 Exhibit A - Annual Report and Sunbiz Printout, #2 Exhibit B - Acceptance Letter from Secretary of State, #3 Exhibit C - Certified Mail Receipt)(Taylor, Rebecca) Modified on 1/8/2026 to edit docket text. (WLB). |
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Filing 19
ENDORSED ORDER granting #16 plaintiff's motion for extension of time. By February 20, 2026, plaintiff must effect service of process upon defendants Elio Chavez Cabrera and Triple E Trucking LLC or obtain a waiver. Signed by Magistrate Judge Nicholas P. Mizell on 12/19/2025. (TLP)
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| Filing 18 SUMMONS reissued as to Triple E Trucking, LLC. (JVC) |
| Filing 17 PROPOSED summons to be issued by Southwind Risk Retention Group. (Taylor, Rebecca) |
| Filing 16 MOTION for Miscellaneous Relief, specifically Extension of Time to Effect Service on Defendants Elio Chavez Cabrera and Triple E Trucking LLC by Southwind Risk Retention Group. (Taylor, Rebecca) |
| Filing 15 MOTION for Service by Publication as to Elio Chavez Cabrera by Southwind Risk Retention Group. (Attachments: #1 Exhibit 1 - Affidavit of Due Diligence, #2 Exhibit A - Returns of Non-Service, #3 Exhibit B - Non-Military Affidavit, #4 Exhibit 2 - Notice of Action)(Taylor, Rebecca) Motions referred to Magistrate Judge Nicholas P. Mizell. |
| Filing 14 SUMMONS returned unexecuted by Southwind Risk Retention Group as to Elio Chavez Cabrera. (Savino, Brittney) |
| Filing 13 SUMMONS returned unexecuted by Southwind Risk Retention Group as to Triple E Trucking, LLC. (Savino, Brittney) |
| Filing 12 Clerk's ENTRY OF DEFAULT as to Cody James Houchin Troxel Signed by Deputy Clerk on 12/5/2025. (WRW) |
| Filing 11 NOTICE of Lead Counsel Designation by Pedro E. Hernandez on behalf of Southwind Risk Retention Group. Lead Counsel: Pedro E. Hernandez, Esq. (Hernandez, Pedro) Modified to remove extra period on 12/3/2025 (AA). |
| Filing 10 SECOND NOTICE TO PLAINTIFF'S 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) (AR) |
| Filing 9 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Southwind Risk Retention Group. (Savino, Brittney) |
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Filing 8
TEXT ORDER: Local Rule 3.03 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. Plaintiff failed to do so. By November 28, 2025, plaintiff must file its 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 11/20/2025. (TLP)
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| Filing 7 MOTION for Clerk's Entry of Default against Cody James Houchin Troxel by Southwind Risk Retention Group. (Attachments: #1 Exhibit 1 - Non-Military Affidavit, #2 Exhibit 2 - Proposed Default)(Taylor, Rebecca) Motions referred to Magistrate Judge Nicholas P. Mizell. |
| Filing 6 RETURN of service executed on 10/24/2025 by Southwind Risk Retention Group as to Cody James Houchin Troxel. (Savino, Brittney). |
| Filing 5 CIVIL Action Order. Signed by All Divisional Judges on 10/22/2025. (CGW) |
| Filing 4 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). (FLY) |
| Filing 3 SUMMONS issued as to Triple E Trucking, LLC, Elio Chavez Cabrera and Cody James Houchin Troxel. (FLY) |
| Filing 2 NEW CASE ASSIGNED to District Judge Kyle C. Dudek and Magistrate Judge Nicholas P. Mizell. New case number: 2:25-cv-00945-KCD-NPM. (KME) |
| Filing 1 COMPLAINT for Declaratory Relief against All Defendants (Filing fee $405 receipt number AFLMDC-24015417) filed by Southwind Risk Retention Group. (Attachments: #1 Exhibit A - Underlying Complaint, #2 Exhibit B - Policy, #3 Civil Cover Sheet, #4 Proposed Summons Triple E Trucking, LLC #5 Proposed Summons Elio Chavez Cabrera, #6 Proposed Summons Cody Hanes Houchin Troxel)(Savino, Brittney) Modified docket text on 10/21/2025 (FLY). |
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