Roll et al v. USAA General Indemnity Company
RICHARD ALLEN ROLL and CYNTHIA ANDERSEN ROLL |
USAA GENERAL INDEMNITY COMPANY |
3:2019cv00356 |
March 27, 2019 |
US District Court for the Middle District of Florida |
Marcia Morales Howard |
Monte C Richardson |
Insurance |
42 U.S.C. § 4000 |
None |
Docket Report
This docket was last retrieved on September 17, 2020. A more recent docket listing may be available from PACER.
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Filing 46 ORDER dismissing case with prejudice. Signed by Judge Marcia Morales Howard on 9/17/2020. (JW) |
Filing 45 Joint STIPULATION of Dismissal With Prejudice by USAA General Indemnity Company. (Kappen, Tina) (Modified on 9/16/2020 to edit text)(BGR). |
Filing 44 ORDER dismissing case without prejudice. The Clerk of the Court is directed to close the file. Signed by Judge Marcia Morales Howard on 9/14/2020. (JW) |
Filing 43 ORDER directing administrative closure of case. The parties shall have until September 8, 2020, to file a joint stipulation of dismissal. Signed by Judge Marcia Morales Howard on 7/7/2020. (JW) |
Filing 42 MEDIATION report Hearing held on July 3, 2020. Hearing outcome: Settled. (Newman, Brenda) |
Filing 41 NOTICE of mediation conference to be held on July 3, 2020, 9:00 a.m. before Brenda Newman. (Newman, Brenda) Modified on 6/11/2020 to edit text (PAM). |
Filing 40 ENDORSED ORDER granting #39 First Joint Motion to Extend Mediation Deadline of June 5, 2020. The parties shall have up to and including July 3, 2020 to conduct mediation. All other deadlines shall remain in effect. Signed by Magistrate Judge Monte C. Richardson on 6/9/2020. (MM) |
Filing 39 Joint MOTION for Extension of Time to File Mediation by CYNTHIA ANDERSEN ROLL, RICHARD ALLEN ROLL. (Messer, James) Motions referred to Magistrate Judge Monte C. Richardson. |
Filing 38 ORDER denying without prejudice #36 Motion to Appear Pro Hac Vice. See Order for details. Signed by Magistrate Judge Monte C. Richardson on 5/21/2020. (MM) |
Filing 37 NOTICE to counsel Michael David Breinin of Local Rule 2.02, Special Admission to Practice - Non-resident attorney shall file a written designation and consent-to-act on the part of some member of the bar of this Court. Pay the $150.00 Special Admission Fee. (Signed by Deputy Clerk). (PAM) |
Filing 36 MOTION for Michael D. Breinin to appear pro hac vice, Special Admission fee paid, Receipt No. 113A-16819684 for $150 by CYNTHIA ANDERSEN ROLL, RICHARD ALLEN ROLL. (Attachments: #1 Exhibit Special Admission Certification)(Messer, James) Motions referred to Magistrate Judge Monte C. Richardson. Modified on 5/19/2020 (PAM). Counsel notified to use entire case number on future pleadings. |
Filing 35 ORDER overruling as moot #32 Plaintiffs' Objections to Report and Recommendation; adopting #29 Report and Recommendation to the extent the Report construes the motion as a motion to strike under Rule 12(f); denying without prejudice #10 Defendant's Motion to Dismiss Plaintiffs' Claims for Attorneys' Fees, Costs, and Case Expenses Under the Equal Access to Justice Act. Signed by Judge Marcia Morales Howard on 3/25/2020. (JW) |
Filing 34 RESPONSE to objections to #29 Report and Recommendations by Plaintiff filed by USAA GENERAL INDEMNITY COMPANY. (Cole, Scott) |
Filing 33 NOTICE of supplemental authority re #11 Response in Opposition to Motion to Dismiss claim for Attorney fees by CYNTHIA ANDERSEN ROLL, RICHARD ALLEN ROLL. (Attachments: #1 Exhibit Order)(Messer, James) |
Filing 32 OBJECTION re #29 REPORT AND RECOMMENDATIONS re #10 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) and Memorandum in Support . (Messer, James) |
Filing 31 AMENDED CASE MANAGEMENT AND SCHEDULING ORDER: Conduct mediation hearing by 6/5/2020. Discovery due by 6/30/2020. Dispositive motions due by 7/31/2020. Final Pretrial Conference set for 12/21/2020 at 10:00 AM in Jacksonville Courtroom 10 B before Judge Marcia Morales Howard. Bench Trial set for trial term commencing on 1/4/2021 at 09:30 AM in Jacksonville Courtroom 10 B before Judge Marcia Morales Howard. Signed by Judge Marcia Morales Howard on 2/21/2020. (Attachments: #1 Mediation Report Form, #2 Court Docket)(JW) |
Filing 30 CASE MANAGEMENT REPORT. (Messer, James) |
Filing 29 REPORT AND RECOMMENDATION re #10 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) and Memorandum in Support filed by USAA GENERAL INDEMNITY COMPANY. Signed by Magistrate Judge Monte C. Richardson on 2/12/2020. (MM) |
Filing 28 NOTICE of supplemental authority re #11 Response in Opposition to Motion by CYNTHIA ANDERSEN ROLL, RICHARD ALLEN ROLL. (Attachments: #1 Supplement Case No. 5:19-cv-183 doc 18, #2 Supplement Case No. 5:19-cv-450 doc 11)(Messer, James) |
Filing 27 NOTICE by CYNTHIA ANDERSEN ROLL, RICHARD ALLEN ROLL re #26 Order regarding Plaintiffs' position on Defendant's Motion to Dismiss(Doc 10) (Messer, James) |
Filing 26 ORDER directing the parties to confer. Counsel for Plaintiffs shall file a notice no later than February 7, 2020, advising the Court of Plaintiffs' position on #10 Defendant's Motion to Dismiss. Joint motion to continue the case management deadlines, if necessary, due February 19, 2020. Signed by Judge Marcia Morales Howard on 1/29/2020. (JW) |
Filing 25 ENDORSED ORDER granting #24 Suggestion of Death and Motion for Substitution of Attorney. The Clerk shall add James M. Messer of the Messer Law Firm as counsel of record for Plaintiffs, and terminate Samuel W. Bearman as counsel of record for Plaintiffs. Signed by Magistrate Judge Monte C. Richardson on 1/28/2020. (MM) |
Filing 24 SUGGESTION of Death and MOTION to Substitute Attorney by CYNTHIA ANDERSEN ROLL, RICHARD ALLEN ROLL. (Attachments: #1 Exhibit Consent)(Messer, James) Motions referred to Magistrate Judge Monte C. Richardson. Modified on 1/28/2020 to edit text (PAM). |
Filing 23 STATUS report with Letter of Contact for Plaintiff's Counsel by USAA GENERAL INDEMNITY COMPANY. (Attachments: #1 Exhibit)(Cole, Scott) |
Filing 22 ENDORSED ORDER: No later than January 10, 2020, counsel for Defendant is directed to provide the Court with any contact information it may have for Plaintiffs. Signed by Judge Marcia Morales Howard on 12/23/2019. (JW) |
Filing 21 NOTICE by USAA GENERAL INDEMNITY COMPANY of Filing Letter to the Court (Attachments: #1 Exhibit A - Letter to Court)(Cole, Scott) |
Filing 20 ORDER referring motion for report and recommendation: #10 Defendant's Motion to Dismiss Plaintiffs' Claims for Attorneys' Fees, Costs, and Case Expenses Under the Equal Access to Justice Act. Signed by Judge Marcia Morales Howard on 10/7/2019. (JW) Motions referred to Magistrate Judge Monte C. Richardson. |
***PRO HAC VICE FEES paid by attorney Tina L. Kappen, appearing on behalf of USAA GENERAL INDEMNITY COMPANY (Filing fee $150 receipt number JAX031513.) Related document: #17 Unopposed MOTION for Tina L. Kappen to appear pro hac vice. (AFC) |
***PRO HAC VICE FEES paid by attorney Seth Schmeeckle, appearing on behalf of USAA GENERAL INDEMNITY COMPANY (Filing fee $150 receipt number JAX031512.) Related document: #18 Unopposed MOTION for Seth Schmeeckle to appear pro hac vice. (AFC) |
Filing 19 ENDORSED ORDER granting #17 motion to appear pro hac vice; granting #18 motion to appear pro hac vice. If Attorneys Kappen and Schmeeckle have not already done so, they shall immediately register for a login and password for electronic filing at the Court's website at www.flmd.uscourts.gov. Signed by Magistrate Judge Monte C. Richardson on 8/20/2019. (MM) |
Filing 18 Unopposed MOTION for Seth Schmeeckle to appear pro hac vice by USAA GENERAL INDEMNITY COMPANY. (Attachments: #1 Exhibit Special Admission Attorney Certification)(Cole, Scott) Motions referred to Magistrate Judge Monte C. Richardson. |
Filing 17 Unopposed MOTION for Tina L. Kappen to appear pro hac vice by USAA GENERAL INDEMNITY COMPANY. (Attachments: #1 Exhibit Special Admission Attorney Certification)(Cole, Scott) Motions referred to Magistrate Judge Monte C. Richardson. |
Filing 16 CORPORATE Disclosure Statement by USAA GENERAL INDEMNITY COMPANY identifying Corporate Parent United Services Automobile Association for USAA GENERAL INDEMNITY COMPANY.. (Cole, Scott) |
Filing 15 CASE REFERRED to Mediation. (RH) |
Filing 14 CASE MANAGEMENT AND SCHEDULING ORDER AND REFERRAL TO MEDIATION: Defendant's Certificate of Interested Persons and Corporate Disclosure Statement due 8/16/2019. Conduct mediation hearing by 1/15/2020. Dispositive motions due by 4/17/2020. Final Pretrial Conference set for 8/24/2020 at 10:00 AM in Jacksonville Courtroom 10 B before Judge Marcia Morales Howard. Bench Trial set for trial term commencing on 9/8/2020 at 09:30 AM in Jacksonville Courtroom 10 B before Judge Marcia Morales Howard. Signed by Judge Marcia Morales Howard on 7/31/2019. (Attachments: #1 Mediation Report Form, #2 Court Docket)(JW) |
Filing 13 CASE MANAGEMENT REPORT. (Cole, Scott) |
Filing 12 CERTIFICATE of interested persons and corporate disclosure statement re #3 Related case order and track 2 notice by CYNTHIA ANDERSEN ROLL, RICHARD ALLEN ROLL. (Bearman, Samuel) |
Filing 11 RESPONSE in Opposition re #10 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) and Memorandum in Support filed by CYNTHIA ANDERSEN ROLL, RICHARD ALLEN ROLL. (Attachments: #1 Exhibit)(Bearman, Samuel) |
Filing 10 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) and Memorandum in Support by USAA GENERAL INDEMNITY COMPANY. (Cole, Scott) |
Filing 9 ANSWER and affirmative defenses to #1 Complaint by USAA GENERAL INDEMNITY COMPANY.(Cole, Scott) |
Set/reset deadlines/hearings: Replies due by 7/8/2019. (RH) |
Filing 8 ENDORSED ORDER granting #7 Motion for Extension of Time. Defendant's response to Plaintiffs' complaint is due on or before 7/8/2019. Signed by Magistrate Judge Monte C. Richardson on 6/26/2019. (MM) |
Filing 7 Unopposed MOTION for Extension of Time to File Response/Reply as to #1 Complaint by USAA GENERAL INDEMNITY COMPANY. (Cole, Scott) |
Filing 6 SUMMONS issued as to USAA GENERAL INDEMNITY COMPANY. (BD) |
Filing 5 PROPOSED summons to be issued by CYNTHIA ANDERSEN ROLL, RICHARD ALLEN ROLL. (Bearman, Samuel) |
Filing 4 NOTICE: Based upon the parties' filings, the Court is satisfied of the existence of subject matter jurisdiction over this action. (MMG) |
Filing 3 NOTICE of designation under Local Rule 3.05 - track 2. Signed by Deputy Clerk on 3/28/2019. (Attachments: #1 Case Management Report Form, #2 Consent Letter and Form)(JW) |
Filing 2 NEW CASE ASSIGNED to Judge Marcia Morales Howard and Magistrate Judge Monte C. Richardson. New case number: 3:19-cv-356-J-34MCR. (SJB) |
Filing 1 COMPLAINT against All Defendants (Filing fee $ 400 receipt number 113A-15287792) filed by All Plaintiffs. (Attachments: #1 Civil Cover Sheet)(Bearman, Samuel) |
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