Railworks Maintenance of Way, Inc. v. Aspen American Insurance Company
| Railworks Maintenance of Way, Inc. |
| Aspen American Insurance Company |
| 3:2021cv00495 |
| May 10, 2021 |
| US District Court for the Middle District of Florida |
| Marcia Morales Howard |
| Monte C Richardson |
| Insurance |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 1, 2021. A more recent docket listing may be available from PACER.
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| Filing 25 CASE REFERRED to Mediation. (BGR) |
Filing 24
CASE MANAGEMENT AND SCHEDULING ORDER AND REFERRAL TO MEDIATION: Defendant's Disclosure Statement due by 7/14/2021. Fact Discovery due by 11/22/2021. Notice regarding mediator and mediation date due by 3/28/2022. Expert Discovery due by 4/29/2022. Dispositive motions due by 5/31/2022. Conduct mediation hearing by 6/27/2022. Final Pretrial Conference set for 10/24/2022 at 10:00 AM in Jacksonville Courtroom 10 B before Judge Marcia Morales Howard. Jury Trial set for trial term commencing on 11/7/2022 at 09:00 AM in Jacksonville Courtroom 10 B before Judge Marcia Morales Howard. Signed by Judge Marcia Morales Howard on 6/30/2021. (JW)
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Filing 23
ENDORSED ORDER granting #20 and #21 Unopposed Motions to Appear Pro Hac Vice. If John Mezzacappa and Benjamin Messing 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. Counsel of record are cautioned that any future filings must comply with the new Local Rules of this Court, including the typography requirements in Local Rule 1.08. Signed by Magistrate Judge Monte C. Richardson on 6/28/2021. (ADM)
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| Filing 22 CASE MANAGEMENT REPORT. (Podolak, Gregory) |
| Filing 21 Unopposed MOTION for Benjamin Messing to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-18404047 for $150 by Aspen American Insurance Company. (Goodman, Perry) Motions referred to Magistrate Judge Monte C. Richardson. |
| Filing 20 Unopposed MOTION for John Mezzacappa to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-18404011 for $150 by Aspen American Insurance Company. (Goodman, Perry) Motions referred to Magistrate Judge Monte C. Richardson. (Modified on 6/25/2021, to edit text)(BGR). |
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Filing 19
ENDORSED ORDER granting #15 Plaintiff's Motion for Special Admission. If K. Alexandra O'Neill has not already done so, she 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 6/24/2021. (ADM)
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| Filing 18 NOTICE to counsel Benjamin Messing and John C. Mezzacappa of Local Rule 2.01(a), which requires membership or special admission in the Middle District bar to practice in the Middle District, except for the limited exceptions identified in the Rule. To apply for membership in the Middle District, visit www.flmd.uscourts.gov/for-lawyers. (Signed by Deputy Clerk). (BGR) |
| Filing 17 CERTIFICATE of compliance re 16 Order on Motion to Appear Pro Hac Vice, #15 MOTION for K. Alexandra O'Neill to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-18389186 for $150 by Railworks Maintenance of Way, Inc.. (Podolak, Gregory) |
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Filing 16
ENDORSED ORDER taking under advisement #15 Plaintiff's Motion for Special Admission for K. Alexandra O'Neill. On or before June 30, 2021, movant shall supplement the Motion with a certificate pursuant to Local Rule 3.01(g), or else the Motion will be denied without prejudice. Signed by Magistrate Judge Monte C. Richardson on 6/23/2021. (ADM)
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| Filing 15 MOTION for K. Alexandra O'Neill to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-18389186 for $150 by Railworks Maintenance of Way, Inc.. (Podolak, Gregory) Motions referred to Magistrate Judge Monte C. Richardson. |
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Filing 14
ENDORSED ORDER granting #11 Joint Motion for Extension of Time to File Case Management Report and #12 Defendant's Unopposed Motion for Extension of Time to Respond to Amended Complaint. The joint Case Management Report is due June 25, 2021. Defendant's answer or response to the Amended Complaint is due June 28, 2021. Signed by Magistrate Judge Monte C. Richardson on 6/22/2021. (ADM)
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| Filing 13 MOTION to Dismiss or, in Alternative, to Compel Appraisal, and Incorporated Memorandum of Law by Aspen American Insurance Company. (Attachments: #1 Exhibit Exhibit A DC)(Goodman, Perry) (Modified on 6/22/2021, to edit text) (BGR). |
| Filing 12 Unopposed MOTION for Extension of Time to Respond to Amended Complaint by Aspen American Insurance Company. (Turetzky, Brooke) Motions referred to Magistrate Judge Monte C. Richardson. (Modified on 6/21/2021, to edit text) (BGR). |
| Filing 11 Joint MOTION for Extension of Time to File Case Management Report by Aspen American Insurance Company. (Turetzky, Brooke) Motions referred to Magistrate Judge Monte C. Richardson. (Modified on 6/21/2021, to edit text) (BGR). |
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Filing 10
ORDER denying as moot #5 Defendant's Motion to Dismiss or, in the Alternative, to Compel Appraisal, and Incorporated Memorandum of Law. Signed by Judge Marcia Morales Howard on 6/8/2021. (JW)
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| Filing 9 CERTIFICATE of interested persons and corporate disclosure statement by Railworks Maintenance of Way, Inc. identifying Corporate Parent RailWorks Corporation, Corporate Parent RailWorks, LLC, Other Affiliate RailWorks Group, LLC, Other Affiliate Saxe Doernberger & Vita, P.C., Other Affiliate Podolak, Gregory, Other Affiliate Johnson, Kelly, Other Affiliate O'Neil, K. Alexandra for Railworks Maintenance of Way, Inc.. (Podolak, Gregory) |
| Filing 8 FIRST AMENDED COMPLAINT against Aspen American Insurance Company with Jury Demand. filed by Railworks Maintenance of Way, Inc. (Attachments: #1 Exhibit A - Aspen Policy, #2 Exhibit B - Stephen Rogers CV)(Podolak, Gregory) (Modified on 6/8/2021, to edit text) (BGR). |
| Filing 7 NOTICE to counsel K. Alexandra O'Neill of Local Rule 2.01(a), which requires membership or special admission in the Middle District bar to practice in the Middle District, except for the limited exceptions identified in the Rule. To apply for membership in the Middle District, visit www.flmd.uscourts.gov/for-lawyers. (Signed by Deputy Clerk). (BGR) |
| Filing 6 CORPORATE Disclosure Statement by Aspen American Insurance Company identifying Corporate Parent Aspen U.S. Holdings, Inc., Corporate Parent Aspen (UK) Holdings, Limited, Corporate Parent Aspen Insurance Holdings Limited for Aspen American Insurance Company.. (Goodman, Perry) |
| Filing 5 MOTION to Dismiss for Failure to State a Claim by Aspen American Insurance Company. (Attachments: #1 Exhibit A - Declaration of Counsel)(Goodman, Perry) |
| Filing 4 COMPLAINT against Aspen American Insurance Company with Jury Demand filed by Railworks Maintenance of Way, Inc. (originally filed in St. Johns County Circuit Court on 4/20/2021) (Attachments: #1 Exhibit A)(BGR) |
| Filing 3 NOTICE of Local Rule 3.02(a)(2), which requires the parties in every civil proceeding, except those described in subsection (d), to file a case management report (CMR) using the uniform form at www.flmd.uscourts.gov. The CMR must be filed (1) within forty days after any defendant appears in an action originating in this court, (2) within forty days after the docketing of an action removed or transferred to this court, or (3) within seventy days after service on the United States attorney in an action against the United States, its agencies or employees. Judges may have a special CMR form for certain types of cases. These forms can be found at www.flmd.uscourts.gov under the Forms tab for each judge. (Signed by Deputy Clerk). (JW) |
| Filing 2 NEW CASE ASSIGNED to Judge Marcia Morales Howard and Magistrate Judge Monte C. Richardson. New case number: 3:21-cv-0495-MMH-MCR. (SJB) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from Seventh Judicial Circuit, St. Johns County, Florida, case number 55-2021-CA-000457 filed in State Court on 04/20/2021. Filing fee $ 402, receipt number AFLMDC-18234261 filed by Aspen American Insurance Company. (Attachments: #1 State Court COMPLAINT, #2 State Court Docket Sheet, #3 State Court Other Documents, #4 Civil Cover Sheet, #5 Exhibit A - State Court Documents, #6 Exhibit B - Policy, #7 Exhibit C - Railworks Citizenship, #8 Exhibit D - Aspen Citizenship)(McKell, Brian) |
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