Columbia Casualty Company et al v. West Jacksonville Care & Rehabilitation Center d/b/a Fouraker Hills Rehab & Nursing Center et al
| Continental Insurance Company and Columbia Casualty Company |
| Auburndale Oaks Care & Rehabilitation Center, LLC, Atlantic Care & Rehabilitation Center, LLC, West Jacksonville Care & Rehabilitation Center, LLC, Clearwater Care & Rehabilitation Center, LLC, Sky Line Health Care, LLC, Citadel Consulting Group, LLC, Laurel Point Care & Rehabilitation Center, LLC, Joseph Schwartz, Rosie Schwartz, Sun Island Capital, LLC, Clearwater Care & Rehabilitation Center, LLC doing business as Kensington Gardens Rehab & Nursing Center, Auburndale Oaks Care & Rehabilitation Center, LLC doing business as Oak Haven Rehab & Nursing Center, West Jacksonville Care & Rehabilitation Center, LLC doing business as Fouraker Hills Rehab & Nursing Center and Atlantic Care & Rehabilitation Center, LLC doing business as Sea Breeze Rehab & Nursing Center |
| 3:2018cv01384 |
| November 21, 2018 |
| US District Court for the Middle District of Florida |
| Brian J Davis |
| Joel B Toomey |
| Insurance |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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This docket was last retrieved on February 4, 2020. A more recent docket listing may be available from PACER.
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Filing 63
ORDER dismissing case without prejudice, each party shall bear its own costs and fees. The Clerk of the Court is directed to terminate all pending motions and close the file. Signed by Judge Brian J. Davis on 2/3/2020. (CKS)
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| Filing 62 STIPULATION of Dismissal by Columbia Casualty Company, Continental Insurance Company. (Schwartz, Jonathan) |
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Filing 61
ORDER granting #56 Defendants Joseph and Rosie Schwartz's Motion to Set Aside Default and #59 Defendants West Jacksonville Care & Rehabilitation Center, LLC, et al.'s Motion to Set Aside Default, and denying as moot #51 Plaintiffs' Renewed Motion for Default Judgment. On or before 1/23/2020, Defendants shall file a response to the Complaint. On or before 2/24/2020, the parties shall conduct a case management conference and file their case management report. See Order for details. Signed by Magistrate Judge Joel B. Toomey on 1/9/2020. (RLS)
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Filing 60
ENDORSED ORDER directing Plaintiffs to respond to #56 Defendants Joseph and Rosie Schwartz's Motion to Set Aside Default and #59 Defendants West Jacksonville Care & Rehabilitation Center, LLC, et al.'s Motion to Set Aside Default on or before 1/6/2020. If no responses are received, the Motions will be considered unopposed. Signed by Magistrate Judge Joel B. Toomey on 12/30/2019. (RLS)
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| Filing 59 MOTION to Set Aside Default by Atlantic Care & Rehabilitation Center, LLC, Auburndale Oaks Care & Rehabilitation Center, LLC, Clearwater Care & Rehabilitation Center, LLC, Laurel Point Care & Rehabilitation Center, LLC, Sky Line Health Care, LLC, Sun Island Capital, LLC, West Jacksonville Care & Rehabilitation Center, LLC. (Hall, Matthew) |
| Filing 58 SUPPLEMENT re #56 MOTION to Set Aside Default by Joseph Schwartz, Rosie Schwartz. (Hall, Matthew) |
| Filing 57 NOTICE of Appearance by Matthew F. Hall on behalf of Atlantic Care & Rehabilitation Center, LLC, Auburndale Oaks Care & Rehabilitation Center, LLC, Clearwater Care & Rehabilitation Center, LLC, Laurel Point Care & Rehabilitation Center, LLC, Sky Line Health Care, LLC, Sun Island Capital, LLC, West Jacksonville Care & Rehabilitation Center, LLC (Hall, Matthew) |
| Filing 56 MOTION to Set Aside Default by Joseph Schwartz, Rosie Schwartz. (Hall, Matthew) |
| Filing 55 NOTICE of Appearance by Matthew F. Hall on behalf of Joseph Schwartz, Rosie Schwartz (Hall, Matthew) |
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Filing 54
ORDER dismissing case without prejudice as to Defendant Citadel Consulting Group, LLC only. The Clerk of the Court is directed to terminate Defendant Citadel Consulting Group, LLC from the Court Docket. Signed by Judge Brian J. Davis on 10/30/2019. (CKS)
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| Filing 53 NOTICE by Columbia Casualty Company, Continental Insurance Company of Partial Dismissal without Prejudice at to Defendant Citadel Consulting Group, LLC. (Schwartz, Jonathan) |
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Filing 52
ORDER regarding #51 Plaintiffs' Renewed Motion for Default Judgment. On or before 10/25/2019, Plaintiffs shall file an appropriate notice or stipulation dismissing Citadel from this case. See Order for details. Signed by Magistrate Judge Joel B. Toomey on 10/11/2019. (RLS)
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| Filing 51 MOTION for default judgment against Atlantic Care & Rehabilitation Center, LLC, Auburndale Oaks Care & Rehabilitation Center, LLC, Clearwater Care & Rehabilitation Center, LLC, Laurel Point Care & Rehabilitation Center, LLC, Joseph Schwartz, Rosie Schwartz, Sky Line Health Care, LLC, Sun Island Capital, LLC, West Jacksonville Care & Rehabilitation Center, LLC by Continental Insurance Company, Columbia Casualty Company. (Attachments: #1 Exhibit "1", #2 Text of Proposed Order)(Schwartz, Jonathan) Motions referred to Magistrate Judge Joel B. Toomey. |
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Filing 50
ORDER ADOPTING #48 Report and Recommendation; GRANTING #22 Defendant Citadel Consulting Group, LLC's Motion to Dismiss Counts XI, XIII and XV of Plaintiff's Complaint. On or before August 12, 2019, Plaintiffs shall file their amended complaint. Defendant Citadel Consulting Group, LLC shall respond to Plaintiff's amended complaint within 14 days of its filing. Signed by Judge Brian J. Davis on 7/24/2019. (AMP)
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Filing 49
ORDER denying without prejudice #47 Plaintiffs' Motion for Default Judgment. See Order for details. Signed by Magistrate Judge Joel B. Toomey on 6/28/2019. (RLS)
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| Filing 48 REPORT AND RECOMMENDATIONS re #22 Defendant Citadel Consulting Group, LLC's Motion to Dismiss Counts XI, XIII and XV of Plaintiffs' Complaint. Signed by Magistrate Judge Joel B. Toomey on 6/17/2019. (RLS) |
| Filing 47 MOTION for default judgment against Atlantic Care & Rehabilitation Center, LLC, Auburndale Oaks Care & Rehabilitation Center, LLC, Clearwater Care & Rehabilitation Center, LLC, Laurel Point Care & Rehabilitation Center, LLC, Joseph Schwartz, Rosie Schwartz, Sky Line Health Care, LLC, Sun Island Capital, LLC, West Jacksonville Care & Rehabilitation Center, LLC by Continental Insurance Company, Columbia Casualty Company. (Attachments: #1 Exhibit 1, #2 Text of Proposed Order Proposed Order)(Schwartz, Jonathan) Motions referred to Magistrate Judge Joel B. Toomey. |
| Filing 46 Clerk's ENTRY OF DEFAULT as to Sky Line Health Care, LLC (TSW) |
| Filing 45 Clerk's ENTRY OF DEFAULT as to Rosie Schwartz (TSW) |
| Filing 44 Clerk's ENTRY OF DEFAULT as to Joseph Schwartz (TSW) |
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Filing 43
ORDER granting #32 Plaintiffs' Motion for Entry of Clerk's Default Against Defendants. The Clerk of Court is directed to enter default against Defendants Joseph Schwartz, Rosie Schwartz, and Sky Line Health Care, LLC. See Order for details. Signed by Magistrate Judge Joel B. Toomey on 4/10/2019. (RLS)
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Filing 42
ORDER REFERRING Motion for Report and Recommendation: #22 Defendant Citadel Consulting Group, LLC's Motion to Dismiss Counts XI, XIII and XV of Plaintiffs' Complaint. Signed by Judge Brian J. Davis on 4/9/2019. (AMP) Motion referred to Magistrate Judge Joel B. Toomey.
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| Filing 41 MEMORANDUM in support re #33 Order on Motion for Entry of Default, #32 Motion for entry of clerk's default filed by Columbia Casualty Company, Continental Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Schwartz, Jonathan) |
| Filing 40 CERTIFICATE of interested persons and corporate disclosure statement by Citadel Consulting Group, LLC. (Turner, Christa) |
| Filing 39 Clerk's ENTRY OF DEFAULT as to Laurel Point Care & Rehabilitation Center, LLC (AEJ) |
| Filing 38 Clerk's ENTRY OF DEFAULT as to Clearwater Care & Rehabilitation Center, LLC (AEJ) |
| Filing 37 Clerk's ENTRY OF DEFAULT as to Auburndale Oaks Care & Rehabilitation Center, LLC (AEJ) |
| Filing 36 Clerk's ENTRY OF DEFAULT as to Atlantic Care & Rehabilitation Center, LLC (AEJ) |
| Filing 35 Clerk's ENTRY OF DEFAULT as to Sun Island Capital, LLC (AEJ) |
| Filing 34 Clerk's ENTRY OF DEFAULT as to West Jacksonville Care & Rehabilitation Center, LLC (AEJ) |
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Filing 33
ORDER granting in part and taking under advisement in part #32 Plaintiffs' Motion for Entry of Clerk's Default Against Defendants. On or before April 9, 2019, Plaintiffs shall file a supplemental memorandum and/or other proof showing how service was proper on Defendants Joseph Schwartz, Rosie Schwartz, and Sky Line. See Order for details. Signed by Magistrate Judge Joel B. Toomey on 3/19/2019. (RLS)
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| Filing 32 MOTION for entry of clerk's default against Atlantic Care & Rehabilitation Center, LLC, Auburndale Oaks Care & Rehabilitation Center, LLC, Clearwater Care & Rehabilitation Center, LLC, Laurel Point Care & Rehabilitation Center, LLC, Joseph Schwartz, Rosie Schwartz, Sky Line Health Care, LLC, Sun Island Capital, LLC, West Jacksonville Care & Rehabilitation Center, LLC by Continental Insurance Company, Columbia Casualty Company. (Schwartz, Jonathan) Motions referred to Magistrate Judge Joel B. Toomey. |
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Filing 31
Confidentiality Agreement and Stipulated Protective Order. See Order for details. Signed by Magistrate Judge Joel B. Toomey on 3/5/2019. (RLS)
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Filing 30
ORDER granting #27 the parties' Confidentiality Agreement and Stipulated Protective Order. See Order for details. Signed by Magistrate Judge Joel B. Toomey on 3/5/2019. (RLS)
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| Filing 29 CASE REFERRED to Mediation. (AEJ) |
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Filing 28
CASE MANAGEMENT AND SCHEDULING ORDER: Discovery due by 12/4/2019; Conduct mediation hearing by 12/13/2019; Dispositive motions due by 1/6/2020; Pretrial statement due by 5/13/2020; Final Pretrial Conference set for 5/20/2020 at 9:00 AM in Jacksonville Courtroom 12 C before Judge Brian J. Davis; Bench Trial set for trial term commencing on 6/1/2020 at 9:00 AM in Jacksonville Courtroom 12 C before Judge Brian J. Davis. Signed by Judge Brian J. Davis on 3/4/2019. (Attachments: #1 Mediation Report Form, #2 Docket Sheets)(AMP)
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| Filing 27 STIPULATION (Confidentiality Agreement and Stipulated Protective Order) by Columbia Casualty Company, Continental Insurance Company. (Schwartz, Jonathan) Modified event on 3/1/2019 at chambers request. (AEJ) |
| Filing 26 CASE MANAGEMENT REPORT. (Schwartz, Jonathan) |
| Filing 25 RESPONSE in Opposition re #22 MOTION to Dismiss Counts XI, XIII and XV of Complaint filed by Columbia Casualty Company, Continental Insurance Company. (Schwartz, Jonathan) |
| Filing 24 NOTICE of Appearance by Andrew V. Layden on behalf of Citadel Consulting Group, LLC (Layden, Andrew) |
| Filing 23 NOTICE of Appearance by Wendy Cramer Townsend on behalf of Citadel Consulting Group, LLC (Townsend, Wendy) |
| Filing 22 MOTION to Dismiss Counts XI, XIII and XV of Complaint by Citadel Consulting Group, LLC. (Attachments: #1 Exhibit Consulting Agreement)(Turner, Christa) |
| Filing 21 NOTICE of Appearance by Christa C. Turner on behalf of Citadel Consulting Group, LLC (Turner, Christa) |
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Filing 20
ENDORSED ORDER: #19 Plaintiffs' Motion to Extend Time to File Case Management Report is GRANTED. On or before February 28, 2019, the parties shall file a case management report. Signed by Judge Brian J. Davis on 1/29/2019. (AMP)
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| Filing 19 MOTION for Extension of Time to File Case Management Report by Columbia Casualty Company, Continental Insurance Company. (Schwartz, Jonathan) |
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Filing 18
ENDORSED ORDER granting #17 Joint Motion to Extend Time for Defendant, Citadel Consulting Group, LLC, to Respond to Complaint. Citadel Consulting Group, LLC shall have up to and including February 6, 2019 to respond to the Complaint #1. Signed by Magistrate Judge Joel B. Toomey on 1/24/2019. (TSP)
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| Filing 17 Joint MOTION for Extension of Time to File Answer re #1 Complaint by Citadel Consulting Group, LLC. (Layden, Andrew) Motions referred to Magistrate Judge Joel B. Toomey. |
| Filing 16 RETURN of service executed on 1/7/19 by Continental Insurance Company, Columbia Casualty Company as to Sky Line Health Care, LLC. (Schwartz, Jonathan) |
| Filing 15 AFFIDAVIT of Michelle Desautels (Affidavit of Service on 1/3/19) by Columbia Casualty Company, Continental Insurance Company. (Schwartz, Jonathan) |
| Filing 14 RETURN of service executed on 12/15/18 by Continental Insurance Company, Columbia Casualty Company as to Rosie Schwartz. (Schwartz, Jonathan) |
| Filing 13 RETURN of service executed on 12/15/18 by Continental Insurance Company, Columbia Casualty Company as to Joseph Schwartz. (Schwartz, Jonathan) |
| Filing 12 RETURN of service executed on 12/03/2018 by Continental Insurance Company, Columbia Casualty Company as to Citadel Consulting Group, LLC. (Schwartz, Jonathan) |
| Filing 11 RETURN of service executed on 12/3/18 by Continental Insurance Company, Columbia Casualty Company as to Laurel Point Care & Rehabilitation Center, LLC. (Schwartz, Jonathan) |
| Filing 10 RETURN of service executed on 12/3/18 by Continental Insurance Company, Columbia Casualty Company as to Clearwater Care & Rehabilitation Center, LLC. (Schwartz, Jonathan) |
| Filing 9 RETURN of service executed on 12/3/18 by Continental Insurance Company, Columbia Casualty Company as to Auburndale Oaks Care & Rehabilitation Center, LLC. (Schwartz, Jonathan) |
| Filing 8 RETURN of service executed on 12/3/18 by Continental Insurance Company, Columbia Casualty Company as to Atlantic Care & Rehabilitation Center, LLC. (Schwartz, Jonathan) |
| Filing 7 RETURN of service executed on 12/3/18 by Continental Insurance Company, Columbia Casualty Company as to Sun Island Capital, LLC. (Schwartz, Jonathan) |
| Filing 6 RETURN of service executed on 12/3/18 by Continental Insurance Company, Columbia Casualty Company as to West Jacksonville Care & Rehabilitation Center, LLC. (Schwartz, Jonathan) |
| Filing 5 NOTICE of designation under Local Rule 3.05 - track 2. Signed by Deputy Clerk on 11/26/2018. (Attachments: #1 Case Management Report Form, #2 Consent Letter and Form)(CKS) |
| Filing 4 SUMMONS issued as to Atlantic Care & Rehabilitation Center, LLC, Auburndale Oaks Care & Rehabilitation Center, LLC, Citadel Consulting Group, LLC, Clearwater Care & Rehabilitation Center, LLC, Laurel Point Care & Rehabilitation Center, LLC, Joseph Schwartz, Rosie Schwartz, Sky Line Health Care, LLC, Sun Island Capital, LLC, West Jacksonville Care & Rehabilitation Center, LLC. (AEJ) |
| Filing 3 NEW CASE ASSIGNED to Judge Brian J. Davis and Magistrate Judge Joel B. Toomey. New case number: 3:18-cv-1384-J-39JBT. (SJB) |
| Filing 2 CERTIFICATE of interested persons and corporate disclosure statement by Columbia Casualty Company, Continental Insurance Company identifying Corporate Parent CNA Financial Corporation, Corporate Parent Continental Casualty Company, Other Affiliate Loews Corporation for Columbia Casualty Company, Continental Insurance Company.. (Schwartz, Jonathan) |
| Filing 1 COMPLAINT against All Defendants (Filing fee $ 400 receipt number 113A-14849610) filed by All Plaintiffs. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D-1, #5 Exhibit D-2, #6 Exhibit D-3, #7 Civil Cover Sheet, #8 Proposed Summons)(Schwartz, Jonathan) |
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