Hammond DDGAS LLC v. Auto Owners Insurance Company
| HAMMOND DDGAS LLC |
| Auto Owners Insurance Company |
| 3:2023cv01332 |
| November 8, 2023 |
| US District Court for the Middle District of Florida |
| Marcia Morales Howard |
| Laura Lothman Lambert |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Both |
Docket Report
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Filing 32
ORDER regarding letter received from Plaintiff's counsel. The Court will take no action on emails or letters submitted directly to chambers. Counsel for Plaintiff shall review the Local Rules of this Court and file a notice no later than January 16, 2024, advising the Court that he has done so. Signed by Judge Marcia Morales Howard on 1/2/2024. (Attachments: #1 Letter from Counsel)(JW)
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| Filing 31 RESPONSE re #25 Order filed by Hammond DDGAS LLC. (Robertson, Peter) |
| Filing 30 MOTION to Stay by Hammond DDGAS LLC. (Robertson, Peter) |
| Filing 29 NOTICE by Hammond DDGAS LLC Disclosure Statement Pursuant to Federal Rule of Civil Procedure 7.1 and Local Rule 3.03 (Robertson, Peter) |
| Filing 28 CORPORATE Disclosure Statement by Auto Owners Insurance Company. (Gillis, Kelly) |
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Filing 27
ORDER striking #16 Defendant's Corporate Disclosure Statement. By December 29, 2023, defendant must file a disclosure statement using the form and answering all questions listed on the form. Signed by Magistrate Judge Laura Lothman Lambert on 12/19/2023. (NK)
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Filing 26
CASE MANAGEMENT AND SCHEDULING ORDER AND REFERRAL TO MEDIATION: Plaintiff's disclosure statement due by 1/12/2024. Notice regarding mediator and mediation date due by 8/20/2024. Discovery due by 9/30/2024. Dispositive motions due by 10/31/2024. Conduct mediation hearing by 11/20/2024. Final Pretrial Conference set for 3/24/2025 at 10:00 AM in Jacksonville Courtroom 10 B before Judge Marcia Morales Howard. Jury Trial set for trial term commencing on 4/7/2025 at 09:00 AM in Jacksonville Courtroom 10 B before Judge Marcia Morales Howard. Signed by Judge Marcia Morales Howard on 12/20/2023. (JW)
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Filing 25
ORDERED: To the extent that it requests affirmative relief from the Court, #23 Plaintiff's Response to Defendant's Amended Motion to Dismiss Plaintiff's Complaint and Motion to Stay Proceedings is DENIED without prejudice to filing a legally sufficient motion that complies with the Federal Rules of Civil Procedure and the Local Rules of this Court. See Order for details. Signed by Judge Marcia Morales Howard on 12/19/2023. (WT)
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| Filing 24 CASE MANAGEMENT REPORT. (Gillis, Kelly) |
| Filing 23 RESPONSE to Motion re #9 Amended MOTION to Dismiss Complaint filed by Hammond DDGAS LLC. (Robertson, Peter) |
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Filing 22
ENDORSED ORDER removing Lance C. Renfro and Victor T. Smith as attorneys of record for this case. Plaintiff will continue to be represented by other counsel of record. Signed by Magistrate Judge Laura Lothman Lambert on 12/15/2023. (NMK)
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Filing 21
ORDER directing Plaintiff to file a response to #9 Defendant's Amended Motion to Dismiss Plaintiff's Complaint on or before December 29, 2023, and to show cause by this same date why this case should not be dismissed without prejudice for failure to prosecute. Signed by Judge Marcia Morales Howard on 12/14/2023. (JW)
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| Filing 19 NOTICE of Lead Counsel Designation by Peter Arnold Robertson on behalf of Hammond DDGAS LLC. Lead Counsel: Peter A. Robertson. (Robertson, Peter) |
| Filing 18 NOTICE of Lead Counsel Designation by Kelly L. Gillis on behalf of Auto Owners Insurance Company. Lead Counsel: Kansas R. Gooden. (Gillis, Kelly) |
| Filing 17 NOTICE TO COUNSEL of Record of Local Rule 2.02(a), which states, "The first paper filed on behalf of a party must designate only one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action." Counsel must file a Notice of Lead Counsel Designation identifying lead counsel. (Signed by Deputy Clerk). (AJS) |
| Filing 16 ***STRICKEN pursuant to Order #27. CERTIFICATE of interested persons and corporate disclosure statement by Auto Owners Insurance Company. (Gillis, Kelly) Modified on 12/21/2023 to edit text (ABC). |
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Filing 15
ENDORSED ORDER directing Lance C. Renfro and Victor T. Smith to comply with Rule 2.01(a), Local Rules of the United States District Court for the Middle District of Florida, regarding membership or special admission to practice in the Middle District of Florida. Both Mr. Renfro and Mr. Smith shall have up to and including December 13, 2023, to comply with the requirements set forth in Rule 2.01 or to file a notice indicating he will not be appearing in the case. Failure to do so may result in counsel being terminated from this case. Signed by Magistrate Judge Laura Lothman Lambert on 11/29/2023. (NMK)
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| Filing 14 Supplement to Amended MOTION to Dismiss Complaint by Auto Owners Insurance Company. (Gillis, Kelly) Modified on 11/24/2023 to edit text (ABC). |
| Filing 13 NOTICE: Upon review of Defendant's #11 Response to Jurisdictional Order, the Court's sua sponte inquiry into its subject matter jurisdiction is satisfied. (WT) |
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Filing 12
ORDER directing Defendant to file a supplement to its #9 Amended Motion to Dismiss Complaint on or before November 22, 2023. See Order for details. Signed by Judge Marcia Morales Howard on 11/16/2023. (WT)
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| Filing 11 RESPONSE re #8 Order filed by Auto Owners Insurance Company. (Attachments: #1 Exhibit A)(Gillis, Kelly) Modified on 11/16/2023 as to docket text (ARL). |
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Filing 10
ENDORSED ORDER striking doc. 7 Plaintiff, Hammond DDGAS, LLC's Rule 26 Initial Disclosures. See Fed. R. Civ. P. 5(d)(1)(A); Section I.C.1, Middle District Discovery Handbook. The Clerk of Court is directed to remove this document from the official court record. Signed by Magistrate Judge Laura Lothman Lambert on 11/15/2023. (NMK)
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| Filing 9 Amended MOTION to Dismiss Complaint by Auto Owners Insurance Company. (Gillis, Kelly) |
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Filing 8
ORDERED: Defendant shall provide the Court with sufficient information so that it can determine whether it has subject matter jurisdiction over this action. See Order for details. Response due November 30, 2023. Signed by Judge Marcia Morales Howard on 11/14/2023. (WT)
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| Filing 7 **STRICKEN per Order 10** INITIAL disclosure statement . (Robertson, Peter) Modified to edit docket text on 11/14/2023 (HAI). Modified on 11/16/2023 as to docket text and removal of document(ARL). |
| Filing 6 ANSWER titled "Motion to Dismiss" to #5 Complaint by Auto Owners Insurance Company. (Filed in State Court on 11/2/2023)(RLK) |
| Filing 5 COMPLAINT against Auto Owners Insurance Company filed by Hammond DDGAS LLC.(Filed in State Court 10/10/2023)(RLK) |
| Filing 4 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 3 NOTICE TO COUNSEL Lance C. Renfro and Victor T. Smith 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). (JG) |
| Filing 2 NEW CASE ASSIGNED to Judge Marcia Morales Howard and Magistrate Judge Laura Lothman Lambert. New case number: 3:23-cv-01332-MMH-LLL. (JG) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from 4th Judicial Circuit Court Duval County, case number 16-2023-CA-010780 filed in State Court on 10/10/2023. Filing fee $402, receipt number AFLMDC-21444621 filed by Auto Owners Insurance Company. (Attachments: #1 State Court COMPLAINT Complaint, #2 State Court ANSWER Motion to Dismiss, #3 State Court Docket Sheet State Court Docket Sheet, #4 State Court Other Documents State Court Other Documents, #5 Civil Cover Sheet Civil Cover Sheet, #6 Exhibit A to Notice of Removal, #7 Exhibit B to Notice of Removal, #8 Exhibit C to Notice of Removal, #9 Exhibit D to Notice of Removal, #10 Exhibit E to Notice of Removal, #11 Exhibit F to Notice of Removal, #12 Exhibit G to Notice of Removal, #13 Exhibit H to Notice of Removal, #14 Exhibit I to Notice of Removal, #15 Exhibit J to Notice of Removal, #16 Exhibit K to Notice of Removal, #17 Exhibit L to Notice of Removal, #18 Exhibit M to Notice of Removal, #19 Exhibit N to Notice of Removal, #20 Exhibit O to Notice of Removal, #21 Exhibit P to Notice of Removal, #22 Exhibit Q to Notice of Removal, #23 Exhibit R to Notice of Removal, #24 Exhibit S to Notice of Removal, #25 Exhibit T to Notice of Removal)(Gillis, Kelly) |
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