Davis v. Symetra Life Insurance Company et al
| Joseph D. Davis |
| Symetra Life Insurance Company and LPL Financial, LLC |
| Howard Tescher |
| 2:2026cv01546 |
| May 8, 2026 |
| U.S. District Court for the Middle District of Florida |
| Kevin R. Huguelet |
| Kyle C. Dudek |
| Contract: Recovery/Enforcement |
| 28 U.S.C. § 1330 Breach of Contract |
| None |
Docket Report
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This docket was last retrieved on October 22, 2026. A more recent docket listing may be available from PACER.
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Acknowledgment - Transferred case has been opened in the Central District of California as case 2:26-cv-12337, filed 09/14/2026.(JNB)
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Filing 54
CASE ELECTRONICALLY TRANSFERRED to the Central District of California. (LF)
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Filing 53
ORDER granting #27 Motion to Dismiss; granting #27 Motion to Change Venue / Transfer Case; granting #28 Motion to Dismiss. The Clerk is directed to transfer this case to the Central District of California under 28 U.S.C. 1404(a). The motions are otherwise DENIED, leaving it to the transferee court to address Defendants' remaining arguments on the merits. Following transfer, the Clerk is directed to terminate all deadlines and close the case. Signed by District Judge Kyle C. Dudek on 9/10/2026. (CGW)
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Filing 52
ENDORSED ORDER denying #51 Plaintiff's Motion for Leave to File a Sur-reply. The Court will order further briefing, if necessary. Signed by District Judge Kyle C. Dudek on 8/26/2026. (BLW)
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Filing 51
MOTION for Leave to File Sur-Reply to Defendant Symetra's Reply in Support of it's Motion to Dismiss Plaintiff's Amended Complaint by Joseph D. Davis. (Attachments: #1 Exhibit)(Peterson, Donald)
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Filing 50
ENDORSED ORDER granting the parties construed Motion to Select a Non-Certified Mediator. (Doc. #49). Upon the Court's research and satisfaction, Howard Tescher, Esq., may conduct the parties' mediation conference for this case. All other deadlines and provisions set in the Case Management Scheduling Order (Doc. #36) will remain in effect. Signed by Magistrate Judge Kevin R. Huguelet on 8/24/2026. (KDM)
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Filing 49
(Motion for Miscellaneous Relief, specifically to use a non-certified mediator) NOTICE by Joseph D. Davis (Peterson, Donald) Modified on 8/24/2026 (KDM).
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Filing 48
NOTICE of a related action and Relevant Filings per Local Rule 1.07(c) by Symetra Life Insurance Company. Related case(s): Yes (Buhite, Russell)
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Filing 47
REPLY to Response to Motion re #28 MOTION to Dismiss #23 Amended Complaint, or in the alternative, MOTION to Transfer Venue filed by Symetra Life Insurance Company. (Attachments: #1 Exhibit 1 - Davis Motion to Dismiss Complaint in Interpleader, #2 Exhibit 2 - Bagby Motion to Dismiss Complaint in Interpleader)(Buhite, Russell)
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Filing 46
ORDER directing the Clerk to STRIKE #45 Declaration filed by Douglas A. Bagby. Signed by District Judge Kyle C. Dudek on 8/18/2026. (Dudek, Kyle)
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Filing 45
STRICKEN per #46 Order; DECLARATION of Douglas A. Bagby re #28 MOTION to Dismiss #23 Amended Complaint, or in the alternative, MOTION to Transfer Venue , #27 MOTION to Dismiss Amended Complaint MOTION to Change Venue / Transfer Case by Douglas A. Bagby. (SJD) Modified text on 8/19/2026 (JDR).
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Filing 44
ENDORSED ORDER granting #43 Defendant's Motion for Leave to File a Reply. Though opposed, the Court finds that a reply will assist the decisional process. Defendant may file a reply, not to exceed 5 pages, by 8/19/26. Signed by District Judge Kyle C. Dudek on 8/12/2026. (BLW)
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Filing 43
MOTION for Leave to File Reply in Support of its Motion to Dismiss Plaintiff's Amended Complaint or, In the Alternative, Motion to Transfer Venue by Symetra Life Insurance Company. (Buhite, Russell)
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Filing 42
NOTICE of a related action per Local Rule 1.07(c) by Joseph D. Davis. Related case(s): Yes (Peterson, Donald)
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Filing 41
NOTICE of a related action per Local Rule 1.07(c) by LPL Financial, LLC. Related case(s): Yes (Johnson, Alise)
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Filing 40
RESPONSE in Opposition re #27 MOTION to Dismiss Amended Complaint MOTION to Change Venue / Transfer Case filed by Joseph D. Davis. (Attachments: #1 Exhibit A LPL v Davis - Motion to Quash, #2 Exhibit B LPL v Davis - Motion to Quash - Declaration)(Peterson, Donald) Modified on 7/29/2026 to edit duplicate text. (JVC)
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Filing 39
RESPONSE in Opposition re #28 MOTION to Dismiss #23 Amended Complaint, or in the alternative, MOTION to Transfer Venue filed by Joseph D. Davis. (Attachments: #1 Exhibit)(Peterson, Donald)
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Filing 38
NOTICE of Lead Counsel Designation by Alise M. Johnson on behalf of LPL Financial, LLC. Lead Counsel: Alise Johnson, Esq.. (Johnson, Alise)
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Filing 36
CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 2/26/2027. Joinder of Parties due by 2/26/2027. Discovery due by 7/2/2027. Dispositive motions due by 7/30/2027. Pretrial statement due by 1/14/2028. Plaintiff disclosure of expert report due by 4/3/2027. Defendant disclosure of expert report due by 5/3/2027. Final Pretrial Conference set for 1/28/2028 at 01:30 PM in Ft. Myers Courtroom 6 B before District Judge Kyle C. Dudek. Bench Trial set for 2/1/2028 at 09:00 AM in Ft. Myers Courtroom 6 B before District Judge Kyle C. Dudek. Conduct mediation hearing by 7/9/2027. Lead counsel to coordinate dates. Signed by Magistrate Judge Kevin R. Huguelet on 7/22/2026. (TLS)
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Filing 35
ORAL ORDER GRANTING filing of: Notice of Selected Mediator shall be filed by August 22, 2026; Notice of Related Action to be filed by 8/5/2026; Defendant, LPL to file Lead Counsel Designation by 8/5/2026. Signed by Magistrate Judge Kevin R. Huguelet on 7/22/2026. (TLS)
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Filing 34
Minute Entry. Virtual Proceedings held before Magistrate Judge Kevin R. Huguelet: granting 33 Oral Motion for Extension of Time to File; RULE 16(b) CONFERENCE held on 7/22/2026. (DIGITAL) (TLS)
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Filing 33
ORAL MOTION for Extension of Time to File notice of selected Mediator by All Parties. (TLS) Motions referred to Magistrate Judge Kevin R. Huguelet.
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Filing 32
NOTICE of Lead Counsel Designation by Sean P. Nalty on behalf of Symetra Life Insurance Company. Lead Counsel: Sean P. Nalty. (Nalty, Sean)
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Filing 31
NOTICE of Appearance by Sean P. Nalty on behalf of Symetra Life Insurance Company (Nalty, Sean)
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Filing 30
CASE MANAGEMENT REPORT. (Peterson, Donald)
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Filing 29
DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by LPL Financial, LLC identifying Corporate Parent LPL Financial LLC, Corporate Parent LPL Financial Holdings Inc for LPL Financial, LLC. (Johnson, Alise) Modified on 7/16/2026 to edit docket text. (AR)
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Filing 28
MOTION to Dismiss #23 Amended Complaint, or in the alternative, MOTION to Transfer Venue by Symetra Life Insurance Company. (Buhite, Russell)
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Filing 27
MOTION to Dismiss #23 Amended Complaint, or in the alternative, MOTION to Transfer Venue by LPL Financial, LLC. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(Johnson, Alise) . Added MOTION to Change Venue / Transfer Case on 7/7/2026 (LJC). Modified on 7/7/2026 as to docket text and to add applicable motion type (LJC).
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Filing 26
ENDORSED ORDER granting Unopposed Motion for Special Admission for Attorney Sean P. Nalty to appear specially to represent Defendant Symetra Life Insurance Company. (Doc. 25). The Motion complies with Local Rules 2.01(c) and 3.01(g). Unless non-resident Attorney Nalty already has CM/ECF filing credentials for the Middle District of Florida, he shall submit an E-Filer Registration Form within fourteen days of the date of this order. Failure to complete this step may cause the Court to revoke his permission to appear specially without further notice. Signed by Magistrate Judge Kevin R. Huguelet on 7/7/2026. (KDM)
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Filing 25
Unopposed MOTION for Sean P. Nalty to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-25212310 for $150 by Symetra Life Insurance Company. (Buhite, Russell) Motions referred to Magistrate Judge Kevin R. Huguelet.
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Filing 24
ENDORSED ORDER denying as moot #17 Motion to Dismiss and #22 Motion to Dismiss because Plaintiff has filed an amended complaint, which is now the operative pleading by law. Defendants can reassert any applicable arguments in response to the new pleading. Signed by District Judge Kyle C. Dudek on 6/28/2026. (Dudek, Kyle)
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Filing 23
AMENDED COMPLAINT against LPL Financial, LLC, Symetra Life Insurance Company filed by Joseph D. Davis. (Attachments: #1 Exhibit Annuity Contract, #2 Exhibit Account Application & Agreement)(Peterson, Donald)
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Filing 22
MOTION to Dismiss Complaint or in the Alternative, Motion to Transfer Venue by LPL Financial, LLC. (Attachments: #1 Exhibit No. 1, #2 Exhibit No. 2, #3 Exhibit No. 3, #4 Exhibit No. 4, #5 Exhibit No. 5)(Johnson, Alise)
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Filing 21
NOTICE of compliance re 20 Notice to Counsel of Local Rule 2.01(b)(2)(B) by Symetra Life Insurance Company (Attachments: #1 Exhibit A)(Buhite, Russell)
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Filing 20
NOTICE TO COUNSEL Russell S. Buhite of Local Rule 2.01(b)(2)(B), which requires members of the Middle District bar to maintain with the clerk a current telephone number, mailing address, and email address. Update your contact information for the Middle District through PACER. The attorney listed shall file a notice of compliance within fourteen days. Failure to comply with this notice within fourteen days will result in counsel being terminated from the docket sheet without further notice. (Signed by Deputy Clerk). (MSN)
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Filing 19
DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Symetra Life Insurance Company identifying Corporate Parent Symetra Financial Corporation for Symetra Life Insurance Company.. (Buhite, Russell)
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Filing 18
NOTICE to the Courts to take judicial notice regarding #17 MOTION to Dismiss Plaintiff's Complaint for Breach of Contract , or in the Alternative, Motion to Transfer Venue by Symetra Life Insurance Company. (Attachments: #1 Exhibit 1 Complaint in Interpleader, #2 Exhibit 2 Petition for Review S296315, #3 Exhibit 3 Register of Actions Case No. S295470, #4 Exhibit 4 Register of Actions Case No. S296315, #5 Exhibit 5 Bagby v. Superior Court No. 1789409, #6 Exhibit 6 Bagby v. Davis No. 746860)(Buhite, Russell)
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Filing 17
MOTION to Dismiss Plaintiff's Complaint for Breach of Contract, or in the Alternative, MOTION to Change Venue/Transfer Case by Symetra Life Insurance Company. (Buhite, Russell) . Added MOTION to Change Venue / Transfer Case on 6/4/2026 (LJC). Modified on 6/4/2026 as to docket text and to add applicable motion type (LJC).
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Filing 16
ENDORSED ORDER granting #14 Agreed Motion for Extension of Time to File a Response to Plaintiff's Complaint. By July 6, 2026, LPL Financial, LLC will file a response. Signed by Magistrate Judge Kevin R. Huguelet on 6/2/2026. (BRH)
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Filing 15
NOTICE of hearing: Rule 16(b) Conference set for 7/22/2026 at 10:45 AM in Zoom Video Conference before Magistrate Judge Kevin R. Huguelet. Case Management Report due by 7/14/2026. Join Zoom by: https://www.zoomgov.com/j/1655551793?pwd=FJjwaxWIR7VWM718aOh9xpaNWmx5wX.1 Meeting ID: 165 555 1793 Passcode: 695521 (TLS)
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Filing 14
MOTION for Extension of Time to File Answer to Plaintiff's Complaint by LPL Financial, LLC. (Johnson, Alise) Motions referred to Magistrate Judge Kevin R. Huguelet.
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Filing 13
NOTICE of Lead Counsel Designation by Russell Scott Buhite on behalf of Symetra Life Insurance Company. Lead Counsel: Russell S. Buhite. (Buhite, Russell)
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Filing 12
NOTICE of Appearance by Russell Scott Buhite on behalf of Symetra Life Insurance Company (Buhite, Russell)
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Filing 11
RETURN of service executed on 05/13/2026 by Joseph D. Davis as to LPL Financial, LLC., SUMMONS returned executed by Joseph D. Davis. LPL Financial, LLC served on 5/13/2026, answer due 7/13/2026. (Peterson, Donald)
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Filing 10
RETURN of service executed on 05/13/2026 by Joseph D. Davis as to Symetra Life Insurance Company. (Peterson, Donald)
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Filing 9
NOTICE of Lead Counsel Designation by Donald Grayson Peterson on behalf of Joseph D. Davis. Lead Counsel: Donald G. Peterson. (Peterson, Donald)
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Filing 8
DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Joseph D. Davis. (Peterson, Donald)
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Filing 7
SUMMONS issued as to LPL Financial, LLC, Symetra Life Insurance Company. (AM)
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Filing 6
NOTICE TO ALL COUNSELS 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). (AM)
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Filing 5
CIVIL Action Order. Signed by All Divisional Judges on 5/12/2026. (LF)
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Filing 4
PROPOSED summons to be issued by Joseph D. Davis. (Peterson, Donald)
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Filing 3
PROPOSED summons to be issued by Joseph D. Davis. (Peterson, Donald)
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Filing 2
NEW CASE ASSIGNED to District Judge Kyle C. Dudek and Magistrate Judge Kevin R. Huguelet. New case number: 2:26-cv-1546-KCD-KRH. (RLD)
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Filing 1
COMPLAINT against All Defendants (Filing fee $405 receipt number AFLMDC-24921346) filed by Joseph D. Davis. (Attachments: #1 Civil Cover Sheet)(Peterson, Donald)
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