SB Holdings I, LLC v. Indian Harbor Insurance Company
Plaintiff: SB Holdings I, LLC
Defendant: Indian Harbor Insurance Company
Case Number: 6:2019cv00668
Filed: April 9, 2019
Court: US District Court for the Middle District of Florida
Presiding Judge: Paul G Byron
Referring Judge: Daniel C Irick
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. § 1441
Jury Demanded By: Both
Docket Report

This docket was last retrieved on July 3, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 3, 2019 Filing 36 REPLY to Response to Motion re #29 MOTION to Compel Appraisal and Supporting Memorandum of Law and Request for Oral Argument filed by SB Holdings I, LLC. (Willman, Erik)
June 28, 2019 Opinion or Order Filing 35 ORDER to show cause why this case should not be remanded to state court for lack of federal subject matter as to Indian Harbor Insurance Company. Show Cause Response due by 7/12/2019. Signed by Magistrate Judge Daniel C. Irick on 6/28/2019. (SPM)
June 28, 2019 Opinion or Order Filing 34 ORDER re #13 MOTION to Strike Affirmative Defenses filed by SB Holdings I, LLC. It is ORDERED that the Motion (Doc. 13) is DENIED. In addition, the Clerk shall VACATE the Court's Endorsed Order (Doc. 19) as having been entered in error. Signed by Magistrate Judge Daniel C. Irick on 6/28/2019. (SPM) Text modified on 7/1/2019 (RDO).
June 28, 2019 Filing 33 REPORT AND RECOMMENDATION re #3 OBJECTION to Notice of Removal of Civil Action / MOTION to remand to State Court filed by SB Holdings I, LLC, #15 Amended MOTION to Strike filed by Indian Harbor Insurance Company. Signed by Magistrate Judge Daniel C. Irick on 6/28/2019. (SPM)
June 25, 2019 Opinion or Order Filing 32 ENDORSED ORDER granting in part and denying in part #31 Motion for Leave to File Reply. On or before July 5, 2019, Plaintiff may file a five-page reply to the response to Defendant's #30 Opposition to Plaintiff's #29 Motion to Compel Appraisal. Signed by Magistrate Judge Daniel C. Irick on 6/25/2019. (Irick, Daniel)
June 24, 2019 Filing 31 MOTION for leave to file Reply in Opposition to Indian Harbor Insurance company's #30 Response to SB Motion to Compel Appraisal and Request for Oral Argument by SB Holdings I, LLC. (Willman, Erik) Modified on 6/25/2019 (RDO).
June 18, 2019 Filing 30 MEMORANDUM in Opposition re #29 MOTION to Compel Appraisal and Supporting Memorandum of Law and Request for Oral Argument filed by Indian Harbor Insurance Company. (Attachments: #1 Exhibit 1 - June 18, 2018 correspondence, #2 Exhibit 2 - July 25, 2018 correspondence, #3 Exhibit 3 - January 18, 2019 correspondence, #4 Exhibit 4 - February 5, 2019 correspondence, #5 Exhibit 5 - February 20, 2019 correspondence, #6 Exhibit 6 - May 14, 2019 correspondence, #7 Exhibit 7 - June 18, 2018 correspondence)(Tobin, Jonathan) Modified on 6/19/2019 (RDO).
June 4, 2019 Filing 29 MOTION to Compel Appraisal and Supporting Memorandum of Law and Request for Oral Argument by SB Holdings I, LLC. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Willman, Erik) Motions referred to Magistrate Judge Daniel C. Irick.
May 28, 2019 Filing 28 NOTICE of Appearance by Erik J. Willman on behalf of SB Holdings I, LLC (Lambdin, Keith) Modified on 5/29/2019 (RDO).
May 8, 2019 Filing 27 NOTICE by SB Holdings I, LLC of Change of Designated Lead Counsel Pursuant to Local Rule 9.04(a)(3) (Lambdin, Keith)
May 7, 2019 Filing 26 CASE REFERRED to Mediation. John Freud appointed as mediator. (RDO)
May 7, 2019 Set/reset scheduling order deadlines: Amended Pleadings due by 7/2/2019, Discovery due by 10/1/2019, Dispositive motions due by 10/31/2019, Pretrial statement due by 1/6/2020, All other motions due by 1/17/2020, Final Pretrial Conference set for 2/19/2020 at 03:00 PM in Orlando Courtroom 4 B before Judge Paul G. Byron, Jury Trial set for trial term beginning on 3/2/2020 at 09:00 AM in Orlando Courtroom 4 B before Judge Paul G. Byron., Conduct mediation hearing by 10/15/2019. Lead counsel to coordinate dates., Defendant disclosure of expert report due by 9/3/2019, Plaintiff disclosure of expert report due by 8/1/2019 (RDO)
May 6, 2019 Opinion or Order Filing 25 CASE MANAGEMENT AND SCHEDULING ORDER. Signed by Judge Paul G. Byron on 5/6/2019. (MMW)
May 6, 2019 Filing 24 CASE MANAGEMENT REPORT. (Lambdin, Keith)
May 6, 2019 Filing 23 MEMORANDUM in opposition re #13 Motion to Strike filed by Indian Harbor Insurance Company. (Tobin, Jonathan)
May 3, 2019 Filing 22 (UNSIGNED. REFILED AT #24) CASE MANAGEMENT REPORT. (Lambdin, Keith) Modified on 5/6/2019 (RDO).
May 1, 2019 Filing 21 NOTICE of Appearance by William Stewart Berk on behalf of Indian Harbor Insurance Company (Berk, William)
May 1, 2019 Opinion or Order Filing 20 ORDER for William Berk to comply with the administrative procedures regarding electronic filing within thirty (30) days from the date of this Order. Signed by Judge Paul G. Byron on 5/1/2019. (GNB) copies mailed/e-mailed
April 29, 2019 Opinion or Order Filing 19 (VACATED PER #34 ORDER) ENDORSED ORDER denying as moot #13 Motion to Strike, as an amended motion was filed. See Doc. 15. Signed by Magistrate Judge Daniel C. Irick on 4/29/2019. (Irick, Daniel) Modified on 7/1/2019 (RDO).
April 29, 2019 Filing 18 RESPONSE in Opposition re #15 Amended MOTION to Strike #1 Notice of Removal and Incorporated Memorandum of Law filed by SB Holdings I, LLC. (Lambdin, Keith)
April 26, 2019 Filing 17 NOTICE of pendency of related cases re #4 Related case order and track 2 notice per Local Rule 1.04(d) by Indian Harbor Insurance Company. Related case(s): n (Tobin, Jonathan)
April 26, 2019 Filing 16 CERTIFICATE of interested persons and corporate disclosure statement re #5 Interested persons order by Indian Harbor Insurance Company identifying Corporate Parent XL Specialty Insurance Company, Corporate Parent XL Reinsurance America Inc., Corporate Parent X.L. America, Inc., Corporate Parent XL Bermuda Ltd. (Bermuda), Corporate Parent Excel Holdings Limited (Cayman), Corporate Parent XL Group, Ltd. (Bermuda), Corporate Parent AXA SA (France), Corporate Parent XLIT Ltd. (Cayman) for Indian Harbor Insurance Company.. (Tobin, Jonathan)
April 25, 2019 Filing 15 Amended MOTION to Strike #1 Notice of Removal and Incorporated Memorandum of Law by Indian Harbor Insurance Company. (Tobin, Jonathan) Motions referred to Magistrate Judge Daniel C. Irick.
April 25, 2019 Filing 14 RESPONSE to Motion re #3 OBJECTION to Notice of Removal of Civil Action / MOTION to remand to State Court and Incorporated Memorandum of Law and Incorporated Memorandum of Law filed by Indian Harbor Insurance Company. (Attachments: #1 Exhibit A - A copy of the Sworn Statement in Proof of Loss, #2 Exhibit B - Examination Under Oath of Micah Bass dated March 14, 2018)(Tobin, Jonathan)
April 24, 2019 Filing 13 MOTION to Strike #6 Answer/Affirmative Defenses to Complaint and Incorporated Memorandum of Law by SB Holdings I, LLC. (Lambdin, Keith) Motions referred to Magistrate Judge Daniel C. Irick. Modified on 4/25/2019 (RDO).
April 19, 2019 Filing 12 NOTICE of compliance re #4 Related case order and track 2 notice, #5 Interested persons order by SB Holdings I, LLC (Lambdin, Keith)
April 19, 2019 Filing 11 AMENDED CERTIFICATE of interested persons and corporate disclosure statement re #5 Interested Persons Order by SB Holdings I, LLC. (Lambdin, Keith) Modified on 4/22/2019 (RDO).
April 19, 2019 Filing 10 CERTIFICATE of interested persons and corporate disclosure statement by SB Holdings I, LLC. (Lambdin, Keith)
April 19, 2019 Filing 9 NOTICE of pendency of related cases per Local Rule 1.04(d) re #4 Related Case Order by SB Holdings I, LLC. Related case(s): no. (Lambdin, Keith) Modified on 4/22/2019 (RDO).
April 18, 2019 Opinion or Order Filing 8 ENDORSED ORDER denying without prejudice for failure to comply with Local Rule 3.01(g) #7 Motion to Strike. Signed by Magistrate Judge Daniel C. Irick on 4/18/2019. (Irick, Daniel)
April 16, 2019 Filing 7 MOTION to Strike Allegations within Plaintiff's Amended Complaint by Indian Harbor Insurance Company. (Tobin, Jonathan) Motions referred to Magistrate Judge Daniel C. Irick.
April 16, 2019 Filing 6 Defendant's ANSWER and affirmative defenses to Complaint with Jury Demand by Indian Harbor Insurance Company.(Tobin, Jonathan)
April 12, 2019 Opinion or Order Filing 5 INTERESTED PERSONS ORDER. The Certificate of Interested Persons shall be filed within fourteen (14) days from the date of this Order. Signed by Judge Paul G. Byron on 4/12/2019. (GNB) copies e-mailed/mailed
April 12, 2019 Opinion or Order Filing 4 RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. The Notice of Pendency of Other Actions shall be filed within fourteen (14) days from the date of this Order. Signed by Judge Paul G. Byron on 4/12/2019. (GNB) copies e-mailed/mailed
April 11, 2019 Filing 3 OBJECTION to Notice of Removal of Civil Action / MOTION to remand to State Court and Incorporated Memorandum of Law by SB Holdings I, LLC. (Lambdin, Keith) Modified on 4/12/2019 (SPM).
April 9, 2019 Filing 2 NEW CASE ASSIGNED to Judge Paul G. Byron and Magistrate Judge Daniel C. Irick. New case number: 6:19-cv-668-Orl-40DCI. (SJB)
April 9, 2019 Filing 1 COMPLAINT and NOTICE OF REMOVAL from Orange County, case number 2019-CA-001709 filed in State Court on 02/08/2019. Filing fee $ 400, receipt number 113A-15333848 filed by Indian Harbor Insurance Company. (Attachments: #1 Civil Cover Sheet, #2 State Court COMPLAINT Ex. 1 - Plaintiff's Complaint, #3 State Court COMPLAINT Ex. 2 - Plaintiff's Amended Complaint, #4 Exhibit Ex. 3 - Declaration in Support of Removal by Isaac Franks, #5 State Court Other Documents Ex. 4 - Defense Counsel's Notice of Appearance, #6 State Court Other Documents Ex. 5 - Defense Counsel's Designation of E-mail Addresses, #7 State Court Other Documents Ex. 6 - Plaintiff's Notice of Filing the Notice of Service of Process, #8 State Court Other Documents Ex. 7 - Defendant's Motion for Enlargement of Time to respond to the Complaint, #9 State Court Other Documents Ex. 8 - Defendant's Notice to State Court of Removal)(Tobin, Jonathan)

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Plaintiff: SB Holdings I, LLC
Represented By: Brenda A. Emerson
Represented By: Erik Joseph Willman
Represented By: Brenda Ann Emerson
Represented By: Keith J. Lambdin
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Defendant: Indian Harbor Insurance Company
Represented By: Jonathan Daniel Tobin
Represented By: William Stewart Berk
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