Old Town Villages Condominium Association, Inc. v. FCCI Insurance Company et al
| OLD TOWN VILLAGES CONDOMINIUM ASSOCIATION, INC and Old Town Villages Condominium Association, Inc. |
| OLD DOMINION INSURANCE COMPANY, FIRST SPECIALTY INSURANCE CORPORATION, FRANKENMUTH MUTUAL INSURANCE COMPANY, WESTFIELD INSURANCE COMPANY, COMPANION PROPERTY & CASUALTY INSURANCE COMPANY, ESSEX INSURANCE COMPANY, FCCI COMMERCIAL INSURANCE COMPANY, RSUI INDEMNITY COMPANY, NATIONAL UNION FIRE INSURANCE CO. OF PITTSBURGH, PA, FIRST MERCURY INSURANCE COMPANY, FCCI INSURANCE COMPANY, SOUTHERN-OWNERS INSURANCE COMPANY, SCOTTSDALE INSURANCE COMPANY, EMCASCO INSURANCE COMPANY, USF INSURANCE COMPANY, STATE FARM FIRE AND CASUALTY COMPANY and State Farm Florida Insurance Company |
| 3:2020cv01379 |
| December 7, 2020 |
| US District Court for the Middle District of Florida |
| Timothy J Corrigan |
| James R Klindt |
| Insurance |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on February 2, 2021. A more recent docket listing may be available from PACER.
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Filing 60
ENDORSED ORDER granting #59 Plaintiff, Old Town Villages Condominium Association, Inc.'s Motion for Leave to File a Reply to Defendant, USF Insurance Company's Response to Plaintiff's Motion to Remand. Old Town Villages shall file a reply of no more than five (5) pages no later than 2/9/2021. Defendant USF Insurance Company may file an optional sur-reply of no more than five (5) pages no later than 2/23/2021. Signed by Judge Timothy J. Corrigan on 2/2/2021. (TNM)
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| Filing 59 MOTION for Leave to File Reply to #58 Defendant USF Ins. Co.'s Response to Plaintiff's Motion to Remand by Old Town Villages Condominium Association, Inc.. (Brockmeyer, Molly) Modified to create docket entry relationship and edit text on 1/26/2021 (KKH). |
| Filing 58 RESPONSE to Motion re #48 MOTION to Remand to State Court filed by USF Insurance Company. (Attachments: #1 Exhibit 1)(Zelonka, Richard) |
| Filing 57 CERTIFICATE of interested persons and corporate disclosure statement by First Specialty Insurance Corporation identifying Corporate Parent Westport Insurance Corporation, Corporate Parent SR Corporate Solutions America Holding Corporation, Corporate Parent Swiss Re Corporate Solutions Ltd., Corporate Parent Swiss Re Ltd. for First Specialty Insurance Corporation.. (Grimley, John) |
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Filing 56
ENDORSED ORDER granting #51 First Mercury Insurance Company's Unopposed Motion for Clarification. Responses to the Complaint are stayed per Doc. 50, which effectively vacated the 1/4/2021 deadline for First Mercury's response. First Mercury need not respond until further order. Signed by Judge Timothy J. Corrigan on 12/28/2020. (TNM)
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Filing 55
ORDER granting #53 Defendant USF Insurance Company's Unopposed Motion for an Extension of Time to Respond to Plaintiff's Motion to Remand; Defendant USF Insurance Company shall have up to and including 1/15/2021 to respond to #48 Plaintiff's Motion to Remand. Signed by Magistrate Judge James R. Klindt on 12/23/2020. (BHC)
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| Filing 54 CERTIFICATE of interested persons and corporate disclosure statement by Essex Insurance Company. (Newman, Paige) |
| Filing 53 Unopposed MOTION for Extension of Time to File Response/Reply to Motion to Remand by USF Insurance Company. (Zelonka, Richard) Motions referred to Magistrate Judge James R. Klindt. |
| Filing 52 NOTICE of Appearance by Chelsey R. Pankratz on behalf of Southern-Owners Insurance Company (Pankratz, Chelsey) |
| Filing 51 Unopposed MOTION for Clarification re 50 Order on Motion to Stay by First Mercury Insurance Company. (Booth, Spencer) |
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Filing 50
ENDORSED ORDER granting #49 unopposed motion to stay consideration of the pending motions to dismiss until the Court rules on Old Town Villages' motion to remand #48. Additionally, the parties are relieved of their other pretrial compliance obligations, including the filing of a case management report, until further order. Signed by Judge Timothy J. Corrigan on 12/22/2020. (TNM)
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| Filing 49 Unopposed MOTION to Stay re #6 Notice (Other), #39 MOTION to Dismiss for Failure to State a Claim Rule 12(b)(6) or, in the Alternative, Extend Plaintiff's Deadline to Respond to Motions to Dismiss by Old Town Villages Condominium Association, Inc.. (Brockmeyer, Molly) |
| Filing 48 MOTION to Remand to State Court by Old Town Villages Condominium Association, Inc.. (Brockmeyer, Molly) |
| Filing 47 CERTIFICATE of interested persons and corporate disclosure statement re #46 Related case order and track 2 notice by Old Town Villages Condominium Association, Inc.. (Brockmeyer, Molly) |
| Filing 46 NOTICE of designation under Local Rule 3.05 - track 2. Signed by Deputy Clerk on 12/18/2020. (Attachments: #1 Case Management Report form, #2 Consent to US Magistrate Judge Jurisdiction letter and form)(MD) |
| Filing 45 CERTIFICATE of interested persons and corporate disclosure statement by Westfield Insurance Company. (Worley, Steven) |
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Filing 44
ORDER granting #41 Southern-Owners Insurance Company's Unopposed Motion for Extension of Time to Respond to Complaint and Demand for Jury Trial. Defendant Southern-Owners Insurance Company shall have up to and including 1/8/2020 to respond to Plaintiff's Complaint and Demand for Jury Trial (Doc. No. 4). Signed by Magistrate Judge James R. Klindt on 12/15/2020. (MDC)
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Filing 43
ORDER granting #38 Essex Insurance Company's Unopposed Motion for Extension of Time to Respond to Plaintiff's Complaint. Defendant Essex Insurance Company shall have up to and including 1/8/2021 to respond to Plaintiff's Complaint and Demand for Jury Trial (Doc. No. 4). The proposed order attached to the Motion (Doc. No. 38 at pp. 5-6) is STRICKEN, and the Clerk shall remove it from the electronic filing system. Signed by Magistrate Judge James R. Klindt on 12/15/2020. (MDC)
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| Filing 42 CERTIFICATE of interested persons and corporate disclosure statement by Scottsdale Insurance Company identifying Corporate Parent Nationwide Mutual Insurance Company for Scottsdale Insurance Company.. (Feldman, Bret) |
| Filing 41 Unopposed MOTION for Extension of Time to File Answer re #4 Complaint by Southern-Owners Insurance Company. (Davis, Todd) Motions referred to Magistrate Judge James R. Klindt. |
| Filing 40 ANSWER and affirmative defenses to #4 Complaint by RSUI Indemnity Company.(Kiernan, Michael) |
| Filing 39 MOTION to Dismiss for Failure to State a Claim Rule 12(b)(6) by USF Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Zelonka, Richard) |
| Filing 38 Unopposed MOTION for Extension of Time to File Response to Complaint by Essex Insurance Company. (Perkins, Kristen) Motions referred to Magistrate Judge James R. Klindt. Proposed Order STRICKEN and removed from PDF on 12/15/2020 (KKH). |
| Filing 37 CERTIFICATE of interested persons and corporate disclosure statement by National Union Fire Insurance Co. of Pittsburgh, PA. (Rapp, Stephen) |
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Filing 36
ORDER granting #26 First Mercury Insurance Company's Unopposed Motion for Extension of Time to File a Response to Complaint and Demand for Jury Trial; Defendant First Mercury Insurance Company shall have up to and including 1/4/2021 to respond to #4 Plaintiff's Complaint. Signed by Magistrate Judge James R. Klindt on 12/11/2020. (BHC)
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| Filing 35 CORPORATE Disclosure Statement by Old Dominion Insurance Company identifying Corporate Parent Main Street America Financial Corporation for Old Dominion Insurance Company.. (Grimm, Reed) |
| Filing 34 NOTICE of Appearance by Paige Samantha Newman on behalf of Essex Insurance Company (Newman, Paige) |
| Filing 33 NOTICE of Appearance of Ashley R. Kellgren Appearance by Michael Keegan Kiernan on behalf of RSUI Indemnity Company (Kiernan, Michael) |
| Filing 32 NOTICE of Appearance by Michael Keegan Kiernan on behalf of RSUI Indemnity Company (Kiernan, Michael) |
| Filing 31 CERTIFICATE of interested persons and corporate disclosure statement by FCCI Commercial Insurance Company, FCCI Insurance Company identifying Corporate Parent FCCI Insurance Company, Corporate Parent FCCI Insurance Group, Inc., Corporate Parent FCCI Commercial Insurance Company, Corporate Parent FCCI Mutual Insurance Holding Company, Corporate Parent FCCI Group, Inc. for FCCI Commercial Insurance Company; Corporate Parent FCCI Insurance Company, Corporate Parent FCCI Mutual Insurance Holding Company, Corporate Parent FCCI Group, Inc. for FCCI Insurance Company.. (Blumenthal, Dustin) |
| Filing 30 NOTICE of Appearance by Dustin Craig Blumenthal on behalf of FCCI Commercial Insurance Company, FCCI Insurance Company (Blumenthal, Dustin) |
| Filing 29 NOTICE of Appearance by Stephen Richard Gross on behalf of Essex Insurance Company (Gross, Stephen) |
| Filing 28 NOTICE of Appearance by Kristen Dana Perkins on behalf of Essex Insurance Company (Perkins, Kristen) |
| Filing 27 ANSWER and affirmative defenses to #4 Complaint by Scottsdale Insurance Company.(Feldman, Bret) |
| Filing 26 Unopposed MOTION for Extension of Time to File Response/Reply as to #4 Complaint and Demand for Jury Trial by First Mercury Insurance Company. (Booth, Spencer) Motions referred to Magistrate Judge James R. Klindt. |
| Filing 25 CERTIFICATE of interested persons and corporate disclosure statement by First Mercury Insurance Company identifying Corporate Parent FFHL Group Ltd., Corporate Parent Crum & Forster Holdings Corp., Corporate Parent Fairfax Financial Holdings Limited, Corporate Parent Fairfax (US) Inc., Corporate Parent United State Fire Insurance Company for First Mercury Insurance Company.. (Booth, Spencer) |
| Filing 24 NOTICE of Appearance by Spencer Ross Booth on behalf of First Mercury Insurance Company (Booth, Spencer) |
| Filing 23 NOTICE of Appearance by Holly S. Harvey on behalf of First Mercury Insurance Company (Harvey, Holly) |
| Filing 22 ANSWER and affirmative defenses to #4 Complaint with Jury Demand by National Union Fire Insurance Co. of Pittsburgh, PA.(Rapp, Stephen) |
| Filing 21 REPLY and MOTION to Strike State Farm Fire and Casualty Company's Third Affirmative Defense #8, originally filed in the Seventh Judicial Circuit, St. Johns County, case CA20-0700 on 11/12/20 by Old Town Villages Condominium Association, Inc.. (KKH) Motions referred to Magistrate Judge James R. Klindt. |
| Filing 20 REPLY and MOTION to Strike State Farm Florida Insurance Company's Third Affirmative Defense #9, originally filed in the Seventh Judicial Circuit, St. Johns County, case CA20-0700 on 11/12/20 by Old Town Villages Condominium Association, Inc.. (KKH) Motions referred to Magistrate Judge James R. Klindt. |
| Filing 19 REPLY to #10 First Specialty Insurance Corporation's Answer and Affirmative Defenses and MOTION to Strike Seventh and Ninth Affirmative Defenses, originally filed in the Seventh Judicial Circuit, St. Johns County, case 3CA20-0700 on 12/3/2020 by Old Town Villages Condominium Association, Inc.. (KKH) Motions referred to Magistrate Judge James R. Klindt. |
| Filing 18 MOTION to Dismiss Complaint #4 originally filed in the Seventh Judicial Circuit, St. Johns County, case CA20-0700 on 11/11/20 by FCCI Commercial Insurance Company. (KKH) |
| Filing 17 MOTION to Strike Paragraph 222 of #4 Complaint, originally filed in the Seventh Judicial Circuit, St. Johns County, case # CA20-0700 on 11/10/20 by Westfield Insurance Company. (KKH) Motions referred to Magistrate Judge James R. Klindt. |
| Filing 16 MOTION to Dismiss Complaint #4, originally filed in the Seventh Judicial Circuit, St. Johns County, case #CA20-0700 on 11/10/20 by Westfield Insurance Company. (KKH) |
| Filing 15 MOTION to Strike and Incorporated Memorandum of Law, originally filed in the Seventh Judicial Circuit, St. Johns County, case #CA20-0700 on 11/10/20 by Old Dominion Insurance Company. (KKH) Motions referred to Magistrate Judge James R. Klindt. |
| Filing 14 MOTION to Dismiss Counts 8, 10, and 13 of Complaint #4, originally filed in the Seventh Judicial Circuit, St. Johns County, case #CA20-0700, on 11/10/20 by Old Dominion Insurance Company. (KKH) |
| Filing 13 MOTION to Strike Supplemental Relief Claims, originally filed in the Seventh Judicial Circuit, St. Johns County, case CA20-0700, on 10/7/20 by FCCI Commercial Insurance Company. (KKH) Motions referred to Magistrate Judge James R. Klindt. |
| Filing 12 MOTION to Strike Supplemental Relief Claims, originally filed in the Seventh Judicial Circuit, St. Johns County, case #CA20-0700, on 10/7/2020 by FCCI Insurance Company. (KKH) Motions referred to Magistrate Judge James R. Klindt. |
| Filing 11 ANSWER and affirmative defenses to #4 Complaint with Jury Demand, originally filed in the Seventh Judicial Circuit, St. Johns County, case #CA20-0700, on 12/7/2020 by Emcasco Insurance Company.(KKH) |
| Filing 10 ANSWER and affirmative defenses to #4 Complaint with Jury Demand, originally filed in the Seventh Judicial Circuit, St. Johns County, case #CA20-0700, on 11/13/2020 by First Specialty Insurance Corporation.(KKH) |
| Filing 9 ANSWER and affirmative defenses and MOTION to STRIKE to #4 Complaint, originally filed in the Seventh Judicial Circuit, St. Johns County, case #CA20-0700, on 10/23/20 by State Farm Florida Insurance Company.(KKH) |
| Filing 8 ANSWER and affirmative defenses and MOTION to STRIKE to #4 Complaint, originally filed in the Seventh Judicial Circuit, St. Johns County, case #CA20-0700, on 10/23/20 by State Farm Fire and Casualty Company.(KKH) |
| Filing 7 ANSWER and affirmative defenses to #4 Complaint, filed originally in the Seventh Judicial Circuit, St. Johns County, case #CA20-0700, on 10/20/20 by FCCI Insurance Company.(KKH) |
| Filing 6 NOTICE of Filing State Court Documents by USF Insurance Company re #1 Notice of Removal (Attachments: #1 Proposed Summons, #2 Proposed Summons, #3 Proposed Summons, #4 Proposed Summons, #5 Proposed Summons, #6 Proposed Summons, #7 Proposed Summons, #8 Proposed Summons, #9 Proposed Summons, #10 Proposed Summons, #11 State Court ANSWER, #12 State Court ANSWER, #13 State Court ANSWER, #14 State Court ANSWER, #15 State Court ANSWER, #16 State Court ANSWER, #17 State Court Pending Motions, #18 State Court Pending Motions, #19 State Court Pending Motions, #20 State Court Pending Motions, #21 State Court Pending Motions, #22 State Court Pending Motions, #23 State Court Pending Motions, #24 State Court Pending Motions, #25 State Court Pending Motions, #26 State Court Pending Motions, #27 State Court Pending Motions, #28 State Court Other Documents)(Zelonka, Richard) Modified to edit text on 12/9/2020 (KKH). |
| Filing 5 NOTICE of Filing Civil Cover Sheet by USF Insurance Company re #1 Notice of Removal (Zelonka, Richard) Modified to edit text on 12/9/2020 (KKH). |
| Filing 3 NOTICE to counsel Richard E. Zelonka, Jr. of Local Rule 1.05(e), which states - The Clerk is authorized and directed to require a complete and executed AO Form JS44, Civil Cover Sheet, which shall accompany each civil case as a condition to the filing thereof. State and federal prisoners, and other persons filing civil cases pro se are exempt from the requirements of this subsection. File a completed Civil Cover Sheet using the event Notice (Other) (Signed by Deputy Clerk). (KKH) |
| Filing 2 NEW CASE ASSIGNED to Judge Timothy J. Corrigan and Magistrate Judge James R. Klindt. New case number: 3:20-cv-1379-J-32JRK. (SJB) |
| Filing 4 COMPLAINT against All Defendants with Jury Demand originally filed in the Seventh Judicial Circuit, St. Johns County, on 6/23/2020 filed by Old Town Villages Condominium Association, Inc. (See Doc #1 for all Exhibits to this Complaint.)(KKH) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from Seventh Judicial Circuit in and for St. Johns County, Florida, Civil Division, case number CA20-0700 filed in State Court on 06.23.2020. Filing fee $ 402, receipt number 113A-17633793. (Attachments: #1 State Court COMPLAINT Part 1, #2 State Court COMPLAINT Part 2, #3 State Court COMPLAINT Part 3, #4 State Court COMPLAINT Part 4, #5 State Court COMPLAINT Part 5, #6 State Court COMPLAINT Part 6, #7 State Court COMPLAINT Part 7, #8 State Court COMPLAINT Part 8, #9 State Court COMPLAINT Part 9, #10 State Court COMPLAINT Part 10, #11 State Court COMPLAINT Part 11, #12 State Court COMPLAINT Part 12, #13 State Court COMPLAINT Part 13, #14 State Court COMPLAINT Part 14, #15 State Court COMPLAINT Part 15, #16 State Court COMPLAINT Part 16, #17 State Court COMPLAINT Part 17, #18 State Court COMPLAINT Part 18, #19 Affidavit Notice of Service of Process, #20 State Court Docket Sheet)(Zelonka, Richard) |
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