The Cincinnati Casualty Company v. Sim-Bell, LLC et al
Plaintiff: The Cincinnati Casualty Company
Defendant: SIM-BELL, LLC and GARY SIMMONS
Counter-Claimant: SIM-BELL, LLC
Counter-Defendant: The Cincinnati Casualty Company
Case Number: 2:2026cv00346
Filed: February 12, 2026
Court: U.S. District Court for the Middle District of Florida
Presiding Judge: Kyle C Dudek
Referring Judge: Nicholas P Mizell
Nature of Suit: Contract: Marine
Cause of Action: 28 U.S.C. § 2201 Declaratory Judgment (Insurance)
Jury Demanded By: None
Docket Report

This docket was last retrieved on August 11, 2026. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 11, 2026 Opinion or Order Filing 25 ORDER denying #14 Gary Simmons' Amended Motion to Dismiss for Failure to State a Claim. Signed by District Judge Kyle C. Dudek on 8/11/2026. (CGW)
July 31, 2026 Opinion or Order Filing 24 CASE MANAGEMENT AND SCHEDULING ORDER: Dispositive motions due by 4/15/2027 Final Pretrial Conference set for 9/24/2027 at 01:30 PM before District Judge Kyle C. Dudek Bench Trial term 10/4/2027 at 09:00 AM before District Judge Kyle C. Dudek. Conduct mediation hearing by 3/30/2027. Lead counsel to coordinate dates. Signed by All Divisional Judges on 7/31/2026. (WRW)
July 23, 2026 Opinion or Order Filing 22 Minute Entry. Virtual Proceedings held before Magistrate Judge Nicholas P. Mizell: granting 21 Motion for Extension of Time to File Notice of selection of mediator; Rule 16(b) Conference held on 7/23/2026. (digital) (WRW)
July 23, 2026 Opinion or Order Filing 21 JOINT ORAL MOTION for Extension of Time to File Notice of selection of mediator. (WRW) Motions referred to Magistrate Judge Nicholas P. Mizell.
July 20, 2026 Opinion or Order Filing 20 Case Reassigned to District Judge Kyle C. Dudek. New case number: 2:26-cv-00346-KCD-NPM. Judge John E. Steele no longer assigned to the case. (FLMD_CMECF_SVC01, )
July 16, 2026 Opinion or Order Filing 19 JOINT NOTICE of a related action per Local Rule 1.07(c) by The Cincinnati Casualty Company. Related case(s): No (Coizeau, Christina) Modified on 7/17/2026 to edit docket text. (AR)
July 16, 2026 Opinion or Order Filing 18 CASE MANAGEMENT REPORT. (Coizeau, Christina)
July 14, 2026 Opinion or Order Filing 17 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Sim-Bell, LLC, Gary Simmons. (Mescolotto, Andrew)
May 8, 2026 Opinion or Order Filing 16 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by The Cincinnati Casualty Company identifying Other Affiliate The Cincinnati Insurance Company, Other Affiliate Cincinnati Financial Corporation for The Cincinnati Casualty Company. (Coizeau, Christina) Modified on 5/8/2026 to edit docket text. (AR)
May 8, 2026 Opinion or Order Filing 15 RESPONSE to Motion re #14 Amended MOTION to Dismiss for Failure to State a Claim as to Gary Simmons filed by The Cincinnati Casualty Company. (Coizeau, Christina)
May 6, 2026 Opinion or Order Filing 14 Amended MOTION to Dismiss for Failure to State a Claim as to Gary Simmons by Gary Simmons. (Mescolotto, Andrew)
May 5, 2026 Opinion or Order Filing 13 RESPONSE to Motion re #6 First MOTION to Dismiss for Failure to State a Claim filed by The Cincinnati Casualty Company. (Coizeau, Christina)
May 5, 2026 Opinion or Order Filing 12 PLAINTIFFS REPLY to #7 Counterclaim by The Cincinnati Casualty Company. Related document: #7 Answer to Complaint, Counterclaim filed by Sim-Bell, LLC.(Coizeau, Christina)
May 5, 2026 Opinion or Order Filing 11 OPINION AND ORDER denying without prejudice for failure to comply with Local Rule 3.01(g) Defendant Gary Simmons's #6 Motion to Dismiss. Signed by Judge John E. Steele on 5/5/2026. (BCW)
April 28, 2026 Opinion or Order Filing 10 ENDORSED ORDER granting #8 Plaintiff's unopposed motion for extension of time. By May 5, 2026, Plaintiff must respond to the motion to dismiss. Signed by Magistrate Judge Nicholas P. Mizell on 4/28/2026. (RCD)
April 27, 2026 Opinion or Order Filing 9 NOTICE of hearing: Rule 16(b) Conference set for 7/23/2026 at 10:15 AM via Zoom Video Conference before Magistrate Judge Nicholas P. Mizell. A case management report to be filed by 7/16/2026. Join ZoomGov Meeting: https://www.zoomgov.com/j/1602683946?pwd=0XGwTbukjJowk4zfPQpDdLypEI3S5v.1; Meeting ID: 160 268 3946; Passcode: 133670(WRW)
April 27, 2026 Opinion or Order Filing 8 Unopposed MOTION for Extension of Time to File Response/Reply as to #6 First MOTION to Dismiss for Failure to State a Claim by The Cincinnati Casualty Company. (Coizeau, Christina) Motions referred to Magistrate Judge Nicholas P. Mizell.
April 14, 2026 Opinion or Order Filing 7 SIM-BELL, LLC ANSWER and affirmative defenses to #1 Complaint , First COUNTERCLAIM against The Cincinnati Casualty Company by Sim-Bell, LLC.(Mescolotto, Andrew)
April 14, 2026 Opinion or Order Filing 6 First MOTION to Dismiss for Failure to State a Claim by Gary Simmons. (Attachments: #1 Exhibit A - Subject Policy of Insurance, #2 Exhibit B - Subject Application for Insurance)(Mescolotto, Andrew)
February 18, 2026 Opinion or Order Filing 5 WAIVER of service returned executed on 02/17/2026 by The Cincinnati Casualty Company as to All Defendants. (Coizeau, Christina) Modified on 2/20/2026 to edit docket text (MSN).
February 17, 2026 Opinion or Order Filing 4 CIVIL Action Order Signed by All Divisional Judges on 2/17/2026. (WRW)
February 13, 2026 Opinion or Order Filing 3 SUMMONS issued as to Sim-Bell, LLC, Gary Simmons. (JOS)
February 13, 2026 Opinion or Order Filing 2 NEW CASE ASSIGNED to Judge John E. Steele and Magistrate Judge Nicholas P. Mizell. New case number: 2:26-cv-346-JES-NPM. (RLD)
February 12, 2026 Opinion or Order Filing 1 COMPLAINT FOR DECLARATORY RELIEF against All Defendants (Filing fee $405 receipt number AFLMDC-24465250) filed by The Cincinnati Casualty Company. (Attachments: #1 Exhibit A - Policy, #2 Exhibit B - Initial Unsigned Application, #3 Exhibit C - Final Signed Application, #4 Exhibit D - January 11 2023 Email Chain, #5 Exhibit E - ISO Claim Search, #6 Proposed Summons, #7 Proposed Summons, #8 Civil Cover Sheet)(Davant, Charles)

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Plaintiff: The Cincinnati Casualty Company
Represented By: Christina Coizeau
Represented By: Charles Stuart Davant
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Defendant: SIM-BELL, LLC
Represented By: Andrew Nicholas Mescolotto
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Defendant: GARY SIMMONS
Represented By: Andrew Nicholas Mescolotto
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Counter-claimant: SIM-BELL, LLC
Represented By: Andrew Nicholas Mescolotto
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Counter-defendant: The Cincinnati Casualty Company
Represented By: Christina Coizeau
Represented By: Charles Stuart Davant
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