Picard et al v. USAA General Indemnity Company
Plaintiff: Susan K. Picard and Laurent G. Picard
Defendant: USAA General Indemnity Company
Case Number: 3:2019cv00307
Filed: March 15, 2019
Court: US District Court for the Middle District of Florida
Presiding Judge: Brian J Davis
Referring Judge: Joel B Toomey
Nature of Suit: Insurance
Cause of Action: 42 U.S.C. § 4001
Jury Demanded By: None
RSS RSS Track this Docket
Docket Report

This docket was last retrieved on November 6, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 6, 2020 Opinion or Order Filing 49 ORDER Dismissing Case With Prejudice. Signed by Judge Brian J. Davis on 11/6/2020. (AMP)
October 30, 2020 Filing 48 STIPULATION of Dismissal With Prejudice by USAA General Indemnity Company. (Attachments: #1 Text of Proposed Order Proposed Order)(Kappen, Tina)
October 29, 2020 Filing 47 Joint STATUS report Concerning Settlement by USAA General Indemnity Company. (Kappen, Tina) Modified docket text on 10/30/2020 (KEM).
October 16, 2020 Opinion or Order Filing 46 ENDORSED ORDER: #44 The Court's Order to Show Cause is DISCHARGED. The parties shall file an updated status report no later than November 2, 2020. Signed by Judge Brian J. Davis on 10/16/2020. (AMP)
October 15, 2020 Filing 45 Joint STATUS report Concerning Settlement by USAA General Indemnity Company. (Kappen, Tina) Modified docket text on 10/16/2020 (KEM).
October 14, 2020 Opinion or Order Filing 44 ORDER directing the parties to file a joint status of this case on or before October 19, 2020. The parties shall also show cause on or before October 19, 2020, why they should not be sanctioned for failing to comply with the Court's October 6, 2020 Order #43. Failure to respond to this order may result in dismissal of the case or the imposition of monetary sanctions. Signed by Judge Brian J. Davis on 10/14/2020. (AMP)
October 6, 2020 Opinion or Order Filing 43 ORDER DENYING #42 Defendant's Motion for Telephonic Status Conference; STAYING the dismissal or reopen deadline nunc pro tunc. The parties shall file a joint status of this case on or before October 12, 2020, or this case will be reopened. Signed by Judge Brian J. Davis on 10/6/2020. (AMP)
October 5, 2020 Filing 42 MOTION for Miscellaneous Relief, specifically Telephonic Status Conference by USAA General Indemnity Company. (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(Kappen, Tina) Motions referred to Magistrate Judge Joel B. Toomey.
August 17, 2020 Opinion or Order Filing 41 ORDER directing administrative closure. This case is REMOVED from the February 1, 2021 trial term. The parties shall have until October 5, 2020, to file a joint stipulated form of final order or judgment or move this Court upon good cause to reopen the case. Signed by Judge Brian J. Davis on 8/17/2020. (AMP)
August 6, 2020 Filing 40 Joint NOTICE of settlement by USAA General Indemnity Company (Cole, Scott) (Modified docket text on 8/6/2020) (KEM).
June 12, 2020 Filing 39 NOTICE of mediation conference/hearing to be held on August 7, 2020 10:00 a.m. before (Newman, Brenda)
June 11, 2020 Opinion or Order Filing 38 ENDORSED ORDER: #37 The First Joint Motion to Extend Mediation Deadline of June 30, 2020 and Expert Report Deadlines is GRANTED. Plaintiff's Expert Disclosure Deadline is extended to June 30, 2020. Defendant's Expert Disclosure Deadline is extended to July 15, 2020. The parties' mediation deadline is extended to August 7, 2020. Signed by Judge Brian J. Davis on 6/11/2020. (AMP)
June 5, 2020 Filing 37 Joint MOTION for Extension of Time to Complete Discovery regarding expert Disclosures and re-set Mediation Deadline by Laurent G. Picard, Susan K. Picard. (Messer, James)
May 19, 2020 Opinion or Order Filing 36 ENDORSED ORDER granting #35 Unopposed Motion for Admission Pro Hac Vice of Michael D. Breinin. If Michael D. Breinin, Esq. has not already done so, he shall immediately pay the admission fee and register for a login and password for electronic filing at the Court's website at www.flmd.uscourts.gov. Signed by Magistrate Judge Joel B. Toomey on 5/19/2020. (TAM)
May 18, 2020 Filing 35 Unopposed MOTION for Michael D. Breinin to appear pro hac vice, Special Admission fee paid, Receipt No. 113A-16821278 for $150 by Laurent G. Picard, Susan K. Picard. (Attachments: #1 Exhibit Special Admission Certification)(Messer, James) Motions referred to Magistrate Judge Joel B. Toomey. (Modified docket text on 5/19/2020) (KEM).
March 6, 2020 Opinion or Order Filing 34 ORDER DENYING #9 Defendant's Motion to Dismiss Plaintiffs' Claims for Attorneys' Fees, Costs, and Case Expenses Under the Equal Access to Justice Act, 28 U.S.C. 2412(b) Pursuant to Fed. R. Civ. Pro. 12(b)(6). Signed by Judge Brian J. Davis on 3/6/2020. (AMP)
February 24, 2020 Opinion or Order Filing 33 AMENDED CASE MANAGEMENT AND SCHEDULING ORDER. The following deadlines and settings shall apply: Conduct mediation hearing by 6/30/2020; Discovery due by 7/31/2020; Dispositive motions due by 8/31/2020; Pretrial statement due by 1/13/2021; Final Pretrial Conference set for 1/20/2021 at 10:00 AM in Jacksonville Courtroom 12 C before Judge Brian J. Davis; Bench Trial set for trial term commencing on 2/1/2021 at 9:00 AM in Jacksonville Courtroom 12 C before Judge Brian J. Davis. Signed by Judge Brian J. Davis on 2/24/2020. (AMP)
February 19, 2020 Filing 32 CASE MANAGEMENT REPORT. (Messer, James)
February 10, 2020 Opinion or Order Filing 31 ENDORSED ORDER granting #30 Suggestion of Death and Motion for Substitution of Attorney. James M. Messer, Esq., is hereby substituted as counsel of record for Plaintiffs. The Clerk is directed to terminate Samuel W. Bearman, Esq., as counsel of record for Plaintiffs. Signed by Magistrate Judge Joel B. Toomey on 2/10/2020. (TSP)
February 7, 2020 Filing 30 SUGGESTION of Death and MOTION to Substitute Attorney by Laurent G. Picard, Susan K. Picard. (Attachments: #1 Exhibit Consent)(Messer, James) Motions referred to Magistrate Judge Joel B. Toomey. Modified on 2/7/2020 to edit text (PAM).
January 13, 2020 Opinion or Order Filing 29 ORDER regarding #28 Defendant's Notice of Filing Letter to the Court. The deadlines and settings in the #13 Case Management and Scheduling Order are VACATED and will be reset upon further order of the Court. Defendant's status update due by 3/13/20. See Order for details. Signed by Magistrate Judge Joel B. Toomey on 1/13/2020. (TAM)
December 19, 2019 Filing 28 NOTICE of Filing Letter to the Court by USAA General Indemnity Company (Attachments: #1 Exhibit A - Letter to the Court)(Cole, Scott) Modified on 12/20/2019 to edit text (PAM).
August 14, 2019 Filing 27 NOTICE of mediation conference to be held on January 14, 2020 before Kimberly Sands. (Sands, Kimberly) Modified on 8/14/2019 to edit text (PAM).
August 13, 2019 Filing 26 NOTICE of mediation conference to be held on Janurary 14, 2019 10:00 a.m. before Kimberly Sands. (Sands, Kimberly) Modified on 8/14/2019 (PAM). Counsel directed to refile notice due incorrect year for conference reflected.
June 24, 2019 Opinion or Order Filing 25 ENDORSED ORDER: #24 Plaintiffs' Opposed Motion for Leave to Respond is DENIED. The Court will treat Plaintiffs' Motion as a notice of supplemental authority and consider the attached case accordingly. Signed by Judge Brian J. Davis on 6/24/2019. (AMP)
June 22, 2019 Filing 24 OPPOSED MOTION for leave to file Response by Laurent G. Picard, Susan K. Picard. (Attachments: #1 Response to Reply, #2 Exhibit)(Bearman, Samuel) Modified on 6/24/2019 to edit text (PAM).
June 20, 2019 ***PRO HAC VICE FEES paid by attorney Seth Schmeeckle, appearing on behalf of USAA General Indemnity Company (Filing fee $150 receipt number JAX031073.) Related document: #19 UNOPPOSED MOTION for Seth Schmeeckle to appear pro hac vice. (AFC)
June 19, 2019 Filing 23 REPLY to Response to Motion re #9 MOTION to Dismiss Plaintiffs' Claims for Attorneys' Fees, Costs, and Case Expenses Under the Equal Access to Justice Act, 28 U.S.C. 2412(b) Pursuant to Fed.R.Civ.Proc. 12(B)(6) and Memorandum in Support Thereof filed by USAA General Indemnity Company. (Cole, Scott)
June 14, 2019 Opinion or Order Filing 22 ENDORSED ORDER: #20 Defendant's Unopposed Motion for Leave to File Reply is GRANTED. Defendant shall file its reply of no more than five (5) substantive pages on or before June 21, 2019. Signed by Judge Brian J. Davis on 6/14/2019. (AMP)
June 14, 2019 Opinion or Order Filing 21 ENDORSED ORDER granting #19 Unopposed Motion to Appear Pro Hac Vice of Seth Schmeeckle, Written Designation and Consent-to-Act. If Seth Schmeeckle, Esq., has not already done so, he shall immediately pay the admission fee and register for a login and password for electronic filing at the Court's website at www.flmd.uscourts.gov. Signed by Magistrate Judge Joel B. Toomey on 6/14/2019. (RLS)
June 13, 2019 Filing 20 UNOPPOSED MOTION for leave to file Reply in Support of Motion to Dismiss Plaintiffs' Claim for Attorneys' Fees Pursuant to the Equal Access to Justice Act by USAA General Indemnity Company. (Cole, Scott) Modified on 6/14/2019 to edit text (PAM).
June 13, 2019 Filing 19 UNOPPOSED MOTION for Seth Schmeeckle to appear pro hac vice by USAA General Indemnity Company. (Cole, Scott) Motions referred to Magistrate Judge Joel B. Toomey. Modified on 6/14/2019 to edit text (PAM).
June 13, 2019 Mail addressed to Mediator Kimberly Sands, Esquire marked return to sender insufficient address unable to forward re: #13 Case management and scheduling order. Mail resent to Mediator Kimberly Sands, Esquire after confirmation that address is correct on the envelope. (PAM)
June 10, 2019 ***PRO HAC VICE FEES paid by attorney Tina Kappen, appearing on behalf of USAA General Indemnity Company (Filing fee $150 receipt number JAX031020.) Related document: #15 UNOPPOSED MOTION for Tina Kappen to appear pro hac vice. (AFC)
June 6, 2019 Filing 18 RESPONSE in Opposition re #9 MOTION to Dismiss Plaintiffs' Claims for Attorneys' Fees, Costs, and Case Expenses Under the Equal Access to Justice Act, 28 U.S.C. 2412(b) Pursuant to Fed.R.Civ.Proc. 12(B)(6) and Memorandum in Support Thereof filed by Laurent G. Picard, Susan K. Picard. (Bearman, Samuel)
June 4, 2019 Opinion or Order Filing 17 ENDORSED ORDER granting #15 Unopposed Motion to Appear Pro Hac Vice of Tina Kappen, Written Designation and Consent-To-Act. If Tina Kappen, Esq., has not already done so, she shall immediately pay the admission fee and register for a login and password for electronic filing at the Court's website at www.flmd.uscourts.gov. Signed by Magistrate Judge Joel B. Toomey on 6/4/2019. (TSP)
June 4, 2019 Filing 16 NOTICE to counsel of Local Rule 2.02 as to Counsel Tina Kappen regarding Special Admission Attorney Certification Form and Special Admission Fee (signed by deputy clerk). (PAM)
June 3, 2019 Filing 15 UNOPPOSED MOTION for Tina Kappen to appear pro hac vice by USAA General Indemnity Company. (Cole, Scott) Motions referred to Magistrate Judge Joel B. Toomey. Modified on 6/4/2019 to edit text (PAM).
May 31, 2019 Filing 14 CASE REFERRED to Mediation. (PAM)
May 31, 2019 Opinion or Order Filing 13 CASE MANAGEMENT AND SCHEDULING ORDER: Discovery due by 1/15/2020; Conduct mediation hearing by 1/31/2020; Dispositive motions due by 2/14/2020; Pretrial statement due by 6/17/2020; Final Pretrial Conference set for 6/24/2020 at 10:00 AM in Jacksonville Courtroom 12 C before Judge Brian J. Davis; Bench Trial set for trial term commencing on 7/6/2020 at 9:00 AM in Jacksonville Courtroom 12 C before Judge Brian J. Davis. Signed by Judge Brian J. Davis on 5/31/2019. (Attachments: #1 Mediation Report Form, #2 Docket Sheets)(AMP) Modified on 1/14/2020 (PAM). Vacated Per Order Doc. #29
May 28, 2019 Filing 12 CASE MANAGEMENT REPORT. (Cole, Scott)
May 21, 2019 Filing 11 NOTICE to counsel of Local Rule 2.02 as to Counsels Seth A. Schmeeckle and Tina Kappen(signed by deputy clerk). (PAM)
May 20, 2019 Filing 10 CERTIFICATE of interested persons and corporate disclosure statement by USAA General Indemnity Company for USAA General Indemnity Company. (Cole, Scott) Modified on 5/21/2019 to edit text (PAM).
May 20, 2019 Filing 9 MOTION to Dismiss Plaintiffs' Claims for Attorneys' Fees, Costs, and Case Expenses Under the Equal Access to Justice Act, 28 U.S.C. 2412(b) Pursuant to Fed.R.Civ.Proc. 12(B)(6) and Memorandum in Support Thereof by USAA General Indemnity Company. (Attachments: #1 Exhibit A)(Cole, Scott)
May 20, 2019 Filing 8 ANSWER and affirmative defenses to #1 Complaint by USAA General Indemnity Company.(Cole, Scott)
May 16, 2019 Filing 7 CERTIFICATE of interested persons and corporate disclosure statement by Laurent G. Picard, Susan K. Picard. (Bearman, Samuel)
April 19, 2019 Opinion or Order Filing 6 ENDORSED ORDER granting #5 Defendant's Unopposed Motion for Extension of Time to Respond to Plaintiffs' Complaint. Defendant shall have up to and including May 20, 2019 to respond to the Complaint #1. Signed by Magistrate Judge Joel B. Toomey on 4/19/2019. (TSP)
April 18, 2019 Filing 5 Unopposed MOTION for Extension of Time to File Response/Reply as to #1 Complaint by USAA General Indemnity Company. (Cole, Scott) Motions referred to Magistrate Judge Joel B. Toomey.
March 22, 2019 Filing 4 NOTICE of designation under Local Rule 3.05 - track 2. Signed by Deputy Clerk on 3/22/2019. (Attachments: #1 Case Management Report Form, #2 Consent Letter and Form)(CKS)
March 15, 2019 Filing 3 SUMMONS issued as to USAA General Indemnity Company. (PAM)
March 15, 2019 Filing 2 NEW CASE ASSIGNED to Judge Brian J. Davis and Magistrate Judge Joel B. Toomey. New case number: 3:19-cv-307-J-39JBT. (NAS)
March 15, 2019 Filing 1 COMPLAINT against USAA GENERAL INDEMNITY COMPANY (Filing fee $ 400 receipt number 113A-15243788) filed by All Plaintiffs. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons)(Bearman, Samuel)

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the Florida Middle District Court's Electronic Court Filings (ECF) System

Search for this case: Picard et al v. USAA General Indemnity Company
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: USAA General Indemnity Company
Represented By: Scott Allen Cole
Represented By: Seth A. Schmeeckle
Represented By: Tina Kappen
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Susan K. Picard
Represented By: Samuel W. Bearman
Represented By: James Michael Messer
Represented By: Michael David Breinin
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Laurent G. Picard
Represented By: Samuel W. Bearman
Represented By: James Michael Messer
Represented By: Michael David Breinin
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?