Prime Property and Casualty Insurance Inc. et al v. Oakes Farm OP, LLC et al
| Prime Property and Casualty Insurance Inc. and Prime Insurance Company |
| Oakes Farm OP, LLC, Jesse Whatley, Denise Bean and Patricia Toombs |
| 2:2026cv00343 |
| February 12, 2026 |
| 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 July 2, 2026. A more recent docket listing may be available from PACER.
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| Filing 44 NOTICE of a related action per Local Rule 1.07(c) by Prime Insurance Company, Prime Property and Casualty Insurance Inc.. Related case(s): Yes (Taylor, Brady) |
| Filing 43 NOTICE OF SELECTION of John Thorton as mediator by Prime Insurance Company, Prime Property and Casualty Insurance Inc. (Taylor, Brady) Modified on 7/6/20206 to edit the docket text (RPB). |
| Filing 42 ANSWER and affirmative defenses to #1 Complaint by Oakes Farm OP, LLC.(Rutledge, John) |
Filing 41
TEXT ORDER. On June 11, 2026, the court held a Rule 16 conference during which the parties were granted extensions of time to file a notice of selection of mediator and a related case notice. The parties, however, failed to file the notices. By July 3, 2026, the parties must file the notice of selection of mediator and a related case notice. Signed by Magistrate Judge Nicholas P. Mizell on 6/26/2026. (TLP)
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| Filing 40 CASE REFERRED to Mediation. (MLB) |
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Filing 39
ENDORSED ORDER granting #36 defendant Oakes Farm OP, LLC's unopposed motion for extension of time to respond. By June 29, 2026, Oakes Farm must respond to the complaint. Signed by Magistrate Judge Nicholas P. Mizell on 6/23/2026. (TLP)
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| Filing 38 NOTICE of Appearance by John Robert Rutledge on behalf of Oakes Farm OP, LLC (Rutledge, John) |
| Filing 37 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Oakes Farm OP, LLC. (Rutledge, John) |
| Filing 36 Unopposed MOTION for Extension of Time to File Answer re #1 Complaint by Oakes Farm OP, LLC. (Ludens, Zachary) Motions referred to Magistrate Judge Nicholas P. Mizell. |
| Filing 35 NOTICE of Lead Counsel Designation by Zachary Dean Ludens on behalf of Oakes Farm OP, LLC. Lead Counsel: Zachary D. Ludens. (Ludens, Zachary) |
| Filing 34 NOTICE of Appearance by Zachary Dean Ludens on behalf of Oakes Farm OP, LLC (Ludens, Zachary) |
| Filing 33 CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 8/21/2026. Joinder of Parties due by 8/21/2026. Discovery due by 2/26/2027. Dispositive motions due by 3/26/2027. Pretrial statement due by 8/13/2027. All other motions due by 8/9/2027. Plaintiff disclosure of expert report due by 12/7/2026. Defendant disclosure of expert report due by 1/11/2027. Final Pretrial Conference set for 8/27/2027 at 01:30 PM in Ft. Myers Courtroom 6 B before District Judge Kyle C. Dudek. Jury Trial set for 9/1/2027 trial term in Ft. Myers Courtroom 6 B before District Judge Kyle C. Dudek. Conduct mediation hearing by 3/5/2027. Lead counsel to coordinate dates. Signed by All Divisional Judges on 6/22/2026. (CGW) |
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Filing 32
TEXT ORDER. Clerk's default has been entered against defendants Patricia Toombs and Jesse Whatley. (Doc. #25). But since the case is still open as to the other Defendants, Plaintiffs are relieved from their obligation to move for default judgment under Local Rule 1.10(c) until the claims against the other Defendants are resolved. Signed by Magistrate Judge Nicholas P. Mizell on 6/22/2026. (RCD)
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| Filing 31 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Denise Bean. (Leblanc, Marylynne) |
| Filing 29 Minute Entry. Virtual Proceedings held before Magistrate Judge Nicholas P. Mizell: granting 28 Motion for Extension of Time to File Notice of selection of mediator; granting 28 Motion for extension of time to file Related Case Notice ; Rule 16(b) Conference held on 6/11/2026. (digital) (WRW) |
| Filing 28 ORAL MOTION for Extension of Time to File Notice of selection of mediator, ORAL MOTION for extension of time to file Related Case Notice. (WRW) Motions referred to Magistrate Judge Nicholas P. Mizell. |
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Filing 27
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. Defendant Denise Bean failed to do so. By June 17, 2026, Bean must file her disclosure statement using the standard form, which can be found at: https://www.flmd.uscourts.gov/local-rules/rule-303-disclosure-statement. Signed by Magistrate Judge Nicholas P. Mizell on 6/10/2026. (TLP)
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| Filing 26 CASE MANAGEMENT REPORT. (Taylor, Brady) |
| Filing 25 Clerk's ENTRY OF DEFAULT as to Patricia Toombs, Jesse Whatley Signed by Deputy Clerk on 5/12/2026. (WRW) |
| Filing 24 Defendant Denise Bean ANSWER and affirmative defenses to Complaint for Declaratory Judgment by Denise Bean.(Leblanc, Marylynne) |
| Filing 23 MOTION for Clerk's Entry of Default against Patricia Toombs by Prime Property and Casualty Insurance Inc., Prime Insurance Company. (Attachments: #1 Exhibit 1 - Non-Military Affidavit, #2 Exhibit 2 - Proposed Default)(Taylor, Brady) Motions referred to Magistrate Judge Nicholas P. Mizell. |
| Filing 22 MOTION for Clerk's Entry of Default against Jesse Whatley by Prime Property and Casualty Insurance Inc., Prime Insurance Company. (Attachments: #1 Exhibit 1 - Non-Military Affidavit, #2 Exhibit 2 - Proposed Default)(Taylor, Brady) Motions referred to Magistrate Judge Nicholas P. Mizell. |
| Filing 21 WAIVER of service returned executed on 04/22/2026 by Prime Property and Casualty Insurance Inc., Prime Insurance Company as to Oakes Farm OP, LLC. (Taylor, Brady) |
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Filing 20
ENDORSED ORDER denying without prejudice #13 Plaintiff's renewed motion for clerk's default against defendant Oakes Farm OP, LLC. Under Florida law, if a limited liability company cannot be served via its registered agent after a good faith attempt, then process may be served on a manager or member of the LLC or persons listed publicly on the LLC's most recent annual report. See Fla. Stat. 48.062(2)-(3). In moving for clerk's default, Plaintiff has not demonstrated that it made any good faith attempt to serve Oakes Farm's registered agent--Kimberly Salven-Hauth--before serving Oakes Farm's CFO, Lech Buga. Therefore, Plaintiff's motion does not comply with 48.062(2)-(3), Fla. Stat. Signed by Magistrate Judge Nicholas P. Mizell on 4/20/2026. (TLP)
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| Filing 19 NOTICE of hearing: Rule 16(b) Conference set for 6/11/2026 at 10:15 AM via Zoom Video Conference before Magistrate Judge Nicholas P. Mizell. A case management report to be filed by 5/25/2026. Join ZoomGov Meeting: https://www.zoomgov.com/j/1608390712?pwd=CpeI58jpE433dXxiWjlKscibUBg0wE.1; Meeting ID: 160 839 0712; Passcode: 718812(WRW) |
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Filing 18
ENDORSED ORDER granting #16 defendant Denise Bean's unopposed motion for extension of time to respond. By May 1, 2026, Bean must respond to the complaint. Signed by Magistrate Judge Nicholas P. Mizell on 4/10/2026. (TLP)
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| Filing 17 NOTICE of Lead Counsel Designation by Marylynne Leblanc on behalf of Denise Bean. Lead Counsel: Marylynne Leblanc. (Leblanc, Marylynne) |
| Filing 16 Unopposed MOTION for Extension of Time to File Answer to Complaint by Denise Bean. (Leblanc, Marylynne) Motions referred to Magistrate Judge Nicholas P. Mizell. |
| Filing 15 RETURN of service executed on 3/31/26 by Prime Property and Casualty Insurance Inc., Prime Insurance Company as to Patricia Toombs. (Taylor, Brady) |
| Filing 14 RETURN of service executed on 03/31/2026 by Prime Property and Casualty Insurance Inc., Prime Insurance Company as to Jesse Whatley. (Taylor, Brady) |
| Filing 13 MOTION for Clerk's Entry of Default against Oakes Farm OP, LLC by All Plaintiffs. (Attachments: #1 Exhibit 1 - Proposed Default)(Taylor, Brady) Motions referred to Magistrate Judge Nicholas P. Mizell. |
| Filing 12 WAIVER of service returned executed on 03/23/2026 by Prime Property and Casualty Insurance Inc., Prime Insurance Company as to Denise Bean. (Taylor, Brady) |
| Filing 11 RETURN of service executed on 02/17/2026 by Prime Property and Casualty Insurance Inc., Prime Insurance Company as to Oakes Farm OP, LLC. (Taylor, Brady) |
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Filing 10
ENDORSED ORDER denying without prejudice #9 Plaintiffs' motion for clerk's default against defendant Oakes Farm OP, LLC. Florida Statute 48.062 requires that a domestic limited liability company be served with process by serving its registered agent, and if service cannot be made upon the registered agent, then a manager or member of the LLC or persons listed publicly on the LLC's most recent annual report. See Fla. Stat. 48.062(2)-(3). The return of service filed with the court indicates that CFO Lech Buga was served (Doc. #7), but it does not inform the court whether he was a member or manager of the LLC, or a person listed publicly on Oakes Farm OP's latest annual report. Plaintiffs' return of service may be amended, or Plaintiffs will need to file a proper return of service. Signed by Magistrate Judge Nicholas P. Mizell on 3/24/2026. (TLP)
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| Filing 9 MOTION for Clerk's Entry of Default against Oakes Farm OP, LLC by All Plaintiffs. (Attachments: #1 Exhibit Exhibit 1 - Proposed Default)(Taylor, Brady) Motions referred to Magistrate Judge Nicholas P. Mizell. |
| Filing 8 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Prime Insurance Company, Prime Property and Casualty Insurance Inc. identifying Corporate Parent RLI Corp. for Prime Insurance Company, Prime Property and Casualty Insurance Inc... (Taylor, Brady) |
| Filing 7 RETURN of service executed on 2/17/26 by Prime Property and Casualty Insurance Inc., Prime Insurance Company as to Oakes Farm OP, LLC. (Taylor, Brady) |
| Filing 6 CIVIL Action Order Signed by All Divisional Judges on 2/17/2026. (WRW) |
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Filing 5
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. Plaintiffs failed to do so. By February 24, 2026, plaintiffs must file their disclosure statement using the standard form, which can be found at: https://www.flmd.uscourts.gov/local-rules/rule-303-disclosure-statement. Signed by Magistrate Judge Nicholas P. Mizell on 2/17/2026. (TLP)
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| Filing 4 SUMMONS issued as to All Defendants. (ELA) |
| Filing 3 NEW CASE ASSIGNED to District Judge Kyle C. Dudek and Magistrate Judge Nicholas P. Mizell. New case number: 2:26-cv-00343-KCD-NPM. (LAW) |
| Filing 2 NOTICE of Lead Counsel Designation by Pedro E. Hernandez on behalf of Prime Insurance Company, Prime Property and Casualty Insurance Inc.. Lead Counsel: Pedro E. Hernandez. (Hernandez, Pedro) |
| Filing 1 COMPLAINT FOR DECLARATORY JUDGMENT against All Defendants (Filing fee $405 receipt number AFLMDC-24465224) filed by All Plaintiffs. (Attachments: #1 Exhibit A - Underlying Complaint, #2 Exhibit B - The PPCI Policy, #3 Exhibit C - The PCI Policy, #4 Civil Cover Sheet, #5 Proposed Summons Oakes Farm OP LLC, #6 Proposed Summons Jesse Whatley, #7 Proposed Summons Denise Bean, #8 Proposed Summons Patricia Toombs)(Taylor, Brady) |
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