Padrick et al v. USAA Casualty Insurance Company
Plaintiff: Mindy Padrick and William Padrick
Defendant: USAA Casualty Insurance Company
Case Number: 6:2020cv01506
Filed: August 19, 2020
Court: US District Court for the Middle District of Florida
Presiding Judge: Daniel C Irick
Referring Judge: Carlos E Mendoza
Nature of Suit: Insurance
Cause of Action: 28:1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on October 8, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 8, 2020 Opinion or Order Filing 28 ORDER granting #12 Motion to Remand to State Court; denying #22 Motion for leave to Conduct Jurisdictional Discovery; denying as moot #25 Plaintiffs' Motion for Leave to File Reply; denying as moot #26 Plaintiffs' Amended Motion for Leave to File Reply. This case is REMANDED to the Circuit Court of the Eighteenth Judicial Circuit in and for Brevard County, Florida, Case Number 05-2020-CA-034561. The Clerk is directed to close this case. Signed by Judge Carlos E. Mendoza on 10/8/2020. (MEH) ctp
October 6, 2020 Filing 27 CASE MANAGEMENT REPORT. (Garcia, Francisco)
October 5, 2020 Filing 26 AMENDED STIPULATION as to Amount in Controversy, or Alternatively, MOTION for leave of Court to File Reply Pursuant to Local Rule 3.01(d) re #22 RESPONSE to Motion and Alternatively, MOTION for leave to Conduct Jurisdictional Discovery as to amount in controversy and to Stay Ruling on Plaintiff's Motion for Remand pending such discovery, #12 MOTION to Remand to State Court by Mindy Padrick, William Padrick. (Garcia, Francisco) Modified on 10/5/2020 (SPM).
October 1, 2020 Filing 25 STIPULATION as to Amount in Controversy, or Alternatively, MOTION for leave of Court to File Reply Pursuant to Local Rule 3.01(d) re #22 RESPONSE to Motion and Alternatively, MOTION Conduct Jurisdictional Discovery as to amount in controversy and to Stay Ruling on Plaintiff's Motion for Remand pending such discovery, #12 MOTION to Remand to State Court by Mindy Padrick, William Padrick. (Garcia, Francisco) Modified on 10/2/2020 (SPM).
September 30, 2020 Filing 24 RESPONSE in Opposition re #11 MOTION to Dismiss Plaintiff's Complaint for Statutory Bad Faith MOTION to Strike Plaintiff's Claim for Attorneys Fees filed by Mindy Padrick, William Padrick. (Garcia, Francisco)
September 29, 2020 Filing 23 NOTICE of supplemental authority re #22 RESPONSE to Motion and Alternatively, MOTION for leave to Conduct Jurisdictional Discovery as to amount in controversy and to Stay Ruling on Plaintiff's Motion for Remand pending such discovery by USAA Casualty Insurance Company. (Lagomasino, Leonor)
September 17, 2020 Filing 22 RESPONSE to Motion and Alternatively, MOTION for leave to Conduct Jurisdictional Discovery as to amount in controversy and to Stay Ruling on Plaintiff's Motion for Remand pending such discovery re #12 MOTION to Remand to State Court filed by USAA Casualty Insurance Company. (Lagomasino, Leonor) Modified on 9/18/2020 (SPM).
September 17, 2020 Opinion or Order Filing 21 ENDORSED ORDER denying #20 Unopposed Motion for Extension of Time to File Response to Motion to Remand. No cause, let alone good cause, is stated in the Motion. The Court takes a dim view of an extension request filed late in the afternoon of the deadline. If the response is not filed by 5:00 pm on 9/17/2020 the Motion to Remand may be deemed unopposed and granted without further notice. Signed by Magistrate Judge Daniel C. Irick on 9/17/2020. (Irick, Daniel) Modified on 9/17/2020 (RN).
September 16, 2020 Filing 20 Unopposed MOTION for Extension of Time to September 23, 2020, to File Response/Reply as to #12 MOTION to Remand to State Court by USAA Casualty Insurance Company. (Lagomasino, Leonor) Modified on 9/16/2020 (SPM).
September 15, 2020 Reset deadlines as to #11 MOTION to Dismiss Plaintiff's Complaint for Statutory Bad Faith MOTION to Strike Plaintiff's Claim for Attorneys Fees . Responses due by 9/30/2020 (SPM)
September 15, 2020 Opinion or Order Filing 19 ENDORSED ORDER granting in part and denying in part #18 Unopposed Motion for Extension of Time to File Response to Motion to Dismiss. The pending motion for remand, standing alone, is not good cause to stay indefinitely any deadline in this matter, including the response to a motion to dismiss; and no prejudice is caused Plaintiff by responding in this forum because the underlying issues raised in the motion to dismiss are issues that would inevitably be addressed by the state court upon remand. Nevertheless, the response deadline is extended to 9/30/2020 given the unopposed nature of the Motion for Extension of Time. Signed by Magistrate Judge Daniel C. Irick on 9/15/2020. (Irick, Daniel)
September 14, 2020 Filing 18 Unopposed MOTION for Extension of Time to File Response/Reply as to #11 MOTION to Dismiss Plaintiff's Complaint for Statutory Bad Faith MOTION to Strike Plaintiff's Claim for Attorneys Fees , MOTION to Dismiss by Mindy Padrick, William Padrick. (Garcia, Francisco) Modified on 9/14/2020 (SPM).
September 9, 2020 Filing 17 NOTICE of Appearance by Francisco Octavio Garcia on behalf of Mindy Padrick, William Padrick (Garcia, Francisco)
September 8, 2020 Filing 16 CERTIFICATE of interested persons and corporate disclosure statement re #6 Interested persons order by Mindy Padrick, William Padrick identifying Corporate Parent Makris & Mullinax P.A. for Mindy Padrick, William Padrick.. (Makris, Dean)
September 8, 2020 Filing 15 NOTICE of pendency of related cases re #5 Related case order and track 2 notice per Local Rule 1.04(d) by Mindy Padrick, William Padrick. Related case(s): no (Makris, Dean) Modified on 9/8/2020 (SPM).
September 8, 2020 Filing 14 NOTICE of pendency of related cases re #5 Related case order and track 2 notice per Local Rule 1.04(d) by USAA Casualty Insurance Company. Related case(s): y (Lagomasino, Leonor)
September 8, 2020 Filing 13 CERTIFICATE of interested persons and corporate disclosure statement re #6 Interested persons order by USAA Casualty Insurance Company identifying Other Affiliate Hinshaw & Culbertson, LLP, Other Affiliate Ronald L. Kammer, Other Affiliate Leonor M Lagomasino, Other Affiliate USAA Casualty Insurance Company, Other Affiliate William Padrick, Other Affiliate Mindy Padrick, Other Affiliate Makris & Mullinax P.A., Other Affiliate Matthew K Mullinax for USAA Casualty Insurance Company.. (Lagomasino, Leonor)
September 2, 2020 Filing 12 MOTION to Remand to State Court by All Plaintiffs. (Mullinax, Matthew)
September 2, 2020 Filing 11 MOTION to Dismiss Plaintiff's Complaint for Statutory Bad Faith , MOTION to Strike Plaintiff's Claim for Attorneys Fees re #1 Notice of Removal by USAA Casualty Insurance Company. (Attachments: #1 Exhibit A - POLICY)(Lagomasino, Leonor) Modified on 9/3/2020 (SPM).
August 26, 2020 Opinion or Order Filing 10 ENDORSED ORDER granting #9 Unopposed Motion for Extension of Time. On or before 9/2/2020, USAA Casualty Insurance Company shall respond to the Complaint. Signed by Magistrate Judge Daniel C. Irick on 8/26/2020. (Irick, Daniel)
August 25, 2020 Filing 9 Unopposed MOTION for Extension of Time to File Answer re #1 Complaint/Notice of Removal by USAA Casualty Insurance Company. (Lagomasino, Leonor) Motions referred to Magistrate Judge Daniel C. Irick. Modified on 8/26/2020 (RDO).
August 25, 2020 Opinion or Order Filing 8 STANDING ORDER ON DISCOVERY MOTIONS. Signed by Magistrate Judge Daniel C. Irick on 1/2/2020. (RN)
August 24, 2020 Opinion or Order Filing 7 NOTICE TO COUNSEL AND PARTIES: 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 Carlos E. Mendoza on 8/24/2020. (MEH) ctp
August 24, 2020 Opinion or Order Filing 6 INTERESTED PERSONS ORDER Certificate of interested persons and corporate disclosure statement due by 9/8/2020. Signed by Judge Carlos E. Mendoza on 8/24/2020. (MEH) ctp
August 24, 2020 Opinion or Order Filing 5 RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - Track 2. Notice of pendency of other actions due by 9/8/2020. Signed by Judge Carlos E. Mendoza on 8/24/2020. (MEH) ctp (MEH).
August 20, 2020 Opinion or Order Filing 4 ENDORSED ORDER denying without prejudice for failure to comply with Local Rule 3.01(g) #3 Motion for Extension of Time to Respond to Complaint. Signed by Magistrate Judge Daniel C. Irick on 8/20/2020. (Irick, Daniel)
August 19, 2020 Filing 3 MOTION for Extension of Time to File Answer re #1 Complaint by USAA Casualty Insurance Company. FILED IN STATE COURT ON 8/10/2020. (SPM) Motions referred to Magistrate Judge Daniel C. Irick.
August 19, 2020 Filing 2 NEW CASE ASSIGNED to Judge Carlos E. Mendoza and Magistrate Judge Daniel C. Irick. New case number: 6:20-cv-1506-Orl-41DCI. (SJB)
August 19, 2020 Filing 1 COMPLAINT and NOTICE OF REMOVAL from BREVARD COUNTY, case number 05-2020-CA-034561 filed in State Court on JULY 14, 2020. Filing fee $ 400, receipt number 113A-17199368 filed by USAA CASUALTY INSURANCE COMPANY. (Attachments: #1 State Court COMPLAINT, #2 State Court Docket Sheet, #3 State Court Other Documents, #4 Civil Cover Sheet)(Lagomasino, Leonor)

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Plaintiff: Mindy Padrick
Represented By: Matthew Kenneth Mullinax
Represented By: Dean Makris
Represented By: Francisco Octavio Garcia
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Plaintiff: William Padrick
Represented By: Matthew Kenneth Mullinax
Represented By: Dean Makris
Represented By: Francisco Octavio Garcia
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Defendant: USAA Casualty Insurance Company
Represented By: Ronald L. Kammer
Represented By: Leonor M. Lagomasino
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