Nickell v. The Penn Warranty Corporation
| David Nickell |
| The Penn Warranty Corporation |
| 3:2025cv00463 |
| April 28, 2025 |
| U.S. District Court for the Middle District of Florida |
| Patricia D Barksdale |
| Wendy W Berger |
| Insurance |
| 28 U.S.C. ยง 1332 Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 24, 2025. A more recent docket listing may be available from PACER.
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Filing 19
ORDER denying #17 the plaintiff's motion for an extension of time and #18 the plaintiff's motion to compel and for other relief. The court sua sponte extends the deadline to respond to #15 the motion to dismiss to November 7, 2025. See the order for details. Signed by Magistrate Judge Patricia D. Barksdale on October 24, 2025. (KG)
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| Filing 18 MOTION for an Order Compelling Disclosure and Other Relief by David Nickell. (Attachments: #1 Mailing Envelope)(ELA) |
| Filing 17 MOTION for Extension of Time/Continuance by David Nickell. (Attachments: #1 Mailing Envelope)(ELA) Motions referred to Magistrate Judge Patricia D. Barksdale. |
| Filing 16 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by David Nickell. (Attachments: #1 Mailing Envelope)(ELA) |
| Filing 15 MOTION to Dismiss this lawsuit and compel arbitration by The Penn Warranty Corporation. (Attachments: #1 Exhibit GAP Contract)(Jennings, Todd) |
| Filing 14 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by The Penn Warranty Corporation. (Jennings, Todd) |
| Filing 13 SUMMONS issued as to The Penn Warranty Corporation. (ELA) |
| Filing 12 NOTICE to pro se plaintiff. Signed by Magistrate Judge Patricia D. Barksdale on 8/26/2025. (KG) |
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Filing 11
ORDER. By September 15, 2025, the plaintiff must take two actions. First, he must complete the two required forms for service of process: (1) a summons in a civil action form (AO 440) and (2) a process receipt and return form (USM-285). The United States Marshal must serve the completed summons with a copy of the amended complaint and this order on the defendant by October 6, 2025. See order for details. Signed by Magistrate Judge Patricia D. Barksdale on August 25, 2025. (Attachments: #1 AO 440 form, #2 USM-285 form)(KG)
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Filing 10
ORDER granting #2 the application to proceed without prepaying fees or costs. The issuance of a summons and service of process are stayed. Signed by Magistrate Judge Patricia D. Barksdale on July 7, 2025. (AMH)
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| Filing 9 AMENDED COMPLAINT against The Penn Warranty Corporation with Jury Demand filed by David Nickell. (e-portal)(ELA) |
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Filing 8
ORDER granting #7 the response to the order to show cause, construed as a motion for leave to file an amended complaint. Signed by Magistrate Judge Patricia D. Barksdale on 6/2/2025. (AMH)
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| Filing 7 RESPONSE to this Court's Order and MOTION for Leave to Amend #1 Complaint by David Nickell. (e-portal) (ELA) Motions referred to Magistrate Judge Patricia D. Barksdale. |
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Filing 6
ORDER. By June 13, 2025, the plaintiff must show cause why the case should not be dismissed for lack of subject-matter jurisdiction. Signed by Magistrate Judge Patricia D. Barksdale on May 16, 2025. (AMH)
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| Filing 5 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). (CKS) |
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Filing 4
NOTICE TO COUNSEL AND PARTIES: The Middle District of Florida's revised Local Rules become effective April 1, 2024, and can be found on the Court's public website https://www.flmd.uscourts.gov/local-rules. Additionally, the undersigned has issued Standing Orders, available at https://www.flmd.uscourts.gov/judges/wendy-berger, that apply to all proceedings before the undersigned. For a just and efficient resolution of this case, the parties are DIRECTED to read and comply with the Middle District of Florida's Local Rules and this Court's Standing Orders. See Local Rule 1.01(a). Failure to comply with ANY Local Rules or Court Orders may result in the imposition of sanctions including, but not limited to, the dismissal of this action or entry of default without further notice. Signed by Judge Wendy W. Berger on 5/1/2025. (CKS)
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| Filing 3 PROPOSED summons to be issued by David Nickell. (e-portal) (ELA) |
| Filing 2 MOTION to Proceed In Forma Pauperis by David Nickell. (e-portal) (ELA) Motions referred to Magistrate Judge Patricia D. Barksdale. |
| Filing 1 COMPLAINT against The Penn Warranty Corporation filed by David Nickell. (e-portal) (Attachments: #1 Civil Cover Sheet)(ELA) |
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| Plaintiff: David Nickell | |
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| Defendant: The Penn Warranty Corporation | |
| Represented By: | Todd A. Jennings |
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