Lam's Garden Restaurant, Inc. v. Westchester Surplus Lines Insurance Company
Plaintiff: Lam's Garden Restaurant, Inc. d/b/a Lam's Garden and Lam's Garden Restaurant, Inc. doing business as Lam's Garden
Defendant: Westchester Surplus Lines Insurance Company
Case Number: 6:2021cv00507
Filed: March 19, 2021
Court: US District Court for the Middle District of Florida
Presiding Judge: Daniel C Irick
Referring Judge: Gregory A Presnell
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. § 1441
Jury Demanded By: Both
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Docket Report

This docket was last retrieved on May 11, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 11, 2021 Opinion or Order Filing 29 ORDER dismissing case without prejudice re #28 Notice of voluntary dismissal. The Clerk is directed to close the case. Signed by Judge Gregory A. Presnell on 5/11/2021. (LAM)
May 11, 2021 Set/reset deadlines/hearings: Reply to #23 Response due by 5/17/2021. (MEJ)
May 10, 2021 Filing 28 NOTICE of voluntary dismissal without prejudice by Lam's Garden Restaurant, Inc. (Judkins, Amy) Modified text on 5/10/2021 (MEJ).
May 10, 2021 Opinion or Order Filing 27 ENDORSED ORDER granting in part and denying in part #26 Motion for Leave to File Reply. On or before 5/17/2021, Defendant may file a ten-page reply to Plaintiff's response to the #10 Motion to Dismiss. Signed by Magistrate Judge Daniel C. Irick on 5/10/2021. (Irick, Daniel)
May 7, 2021 Filing 26 MOTION for Leave to File Reply in Support of #10 Motion to Dismiss Second Amended Complaint by Westchester Surplus Lines Insurance Company. (Daechsel, Andrew) Modified event on 5/10/2021 (MEJ).
May 6, 2021 Filing 25 DEFENDANT'S Reply BRIEF in Support re #11 MOTION to take Judicial Notice filed by Westchester Surplus Lines Insurance Company. (Daechsel, Andrew) Modified text on 5/7/2021 (MEJ).
May 3, 2021 Filing 24 CASE REFERRED to Mediation (emailed mediator). (MEJ)
April 30, 2021 Filing 23 RESPONSE to Motion re #10 MOTION to Dismiss Second Amended Complaint filed by Lam's Garden Restaurant, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Judkins, Amy)
April 30, 2021 Opinion or Order Filing 22 CASE MANAGEMENT AND SCHEDULING ORDER: Pretrial statement due by 9/9/2022, Final Pretrial Conference set for 10/13/2022 at 01:00 PM in Orlando Courtroom 5 A before Judge Gregory A. Presnell, Jury Trial set for 11/1/2022 at 09:15 AM in Orlando Courtroom 5 A before Judge Gregory A. Presnell. Conduct mediation hearing by 8/1/2022. Lead counsel to coordinate dates. Signed by Judge Gregory A. Presnell on 4/30/2021. (LAM)
April 30, 2021 Set/reset deadlines/hearings: Five-page Reply due by 5/6/2021. (MEJ)
April 29, 2021 Filing 21 Amended CASE MANAGEMENT REPORT. (Judkins, Amy) Modified text on 4/30/2021 (MEJ).
April 29, 2021 Opinion or Order Filing 20 ENDORSED ORDER granting in part and denying in part #17 Motion for Leave to File Reply. On or before 5/6/2021, Defendant may file a five-page reply to the #16 Response in Opposition to the Motion to Take Judicial Notice. Signed by Magistrate Judge Daniel C. Irick on 4/29/2021. (Irick, Daniel)
April 28, 2021 Filing 19 CASE MANAGEMENT REPORT. (Judkins, Amy)
April 28, 2021 Filing 18 CERTIFICATE of Interested person and corporate disclosure statement re #15 Order by Westchester Surplus Lines Insurance Company identifying Corporate Parent Chubb US Holdings, Inc., Corporate Parent Chubb Group Holdings, Inc., Corporate Parent Westchester Surplus LInes Insurance Company, a Georgia corporation is wholly owned subsidiary of Chubb US Holdings, Inc., a Delaware corporation, Corporate Parent Chubb Limited, a Swiss company for Westchester Surplus Lines Insurance Company.. (Daechsel, Andrew) Modified text on 4/29/2021 (MEJ).
April 27, 2021 Filing 17 MOTION for Leave to File Reply in Support of #11 Motion to Take Judicial Notice by Westchester Surplus Lines Insurance Company. (Daechsel, Andrew) Modified event on 4/27/2021 (MEJ).
April 23, 2021 Filing 16 RESPONSE re #11 MOTION to take Judicial Notice filed by Lam's Garden Restaurant, Inc.. (Judkins, Amy)
April 19, 2021 Opinion or Order Filing 15 INTERESTED PERSONS ORDER to Defendant. Certificate of interested persons and corporate disclosure statement due by 5/3/2021. Signed by Judge Gregory A. Presnell on 4/19/2021. (LAM)
April 12, 2021 Filing 14 CERTIFICATE of interested persons and corporate disclosure statement re #9 Order establishes deadlines by Lam's Garden Restaurant, Inc.. (Judkins, Amy)
April 12, 2021 Filing 13 NOTICE by Westchester Surplus Lines Insurance Company of Pendency of Other Actions (Brodie, Steven)
April 9, 2021 Filing 12 MOTION to Stay Discovery Pending Resolution of Motion to Dismiss by Westchester Surplus Lines Insurance Company. (Daechsel, Andrew) Motions referred to Magistrate Judge Daniel C. Irick. Modified text on 4/12/2021 (MEJ).
April 9, 2021 Filing 11 MOTION to take Judicial Notice by Westchester Surplus Lines Insurance Company. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(Daechsel, Andrew) Modified text on 4/12/2021 (MEJ).
April 9, 2021 Filing 10 MOTION to Dismiss Second Amended Complaint by Westchester Surplus Lines Insurance Company. (Daechsel, Andrew)
March 29, 2021 Opinion or Order Filing 9 INITITAL ORDER re: Case Management and Deadlines. Signed by Judge Gregory A. Presnell on 3/29/2021. (DS)
March 24, 2021 Opinion or Order Filing 8 STANDING ORDER ON DISCOVERY MOTIONS. Signed by Magistrate Judge Daniel C. Irick on 2/1/2021. (RN)
March 24, 2021 Set/reset deadlines/hearings: Answer due by 4/9/2021. (MEJ)
March 23, 2021 Filing 7 NOTICE of Appearance by Amy Lynn Judkins on behalf of Lam's Garden Restaurant, Inc. (Judkins, Amy)
March 23, 2021 Opinion or Order Filing 6 ENDORSED ORDER granting #5 Motion for extension of time to respond to Complaint. Signed by Judge Gregory A. Presnell on 3/23/2021. (LAM)
March 22, 2021 Filing 5 Unopposed MOTION for Extension of Time until 4/9/21 to File Answer re #1 Notice of Removal Second Amended Complaint by Westchester Surplus Lines Insurance Company. (Brodie, Steven) Modified text on 3/23/2021 (MEJ).
March 22, 2021 Filing 4 NOTICE to counsel Rachel Harman 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. (Signed by Deputy Clerk). (MEJ)
March 19, 2021 Filing 3 CORPORATE Disclosure Statement by Westchester Surplus Lines Insurance Company. (Brodie, Steven)
March 19, 2021 Filing 2 NEW CASE ASSIGNED to Judge Gregory A. Presnell and Magistrate Judge Daniel C. Irick. New case number: 6:21-cv-0507-GAP-DCI. (SJB)
March 19, 2021 Filing 1 COMPLAINT and NOTICE OF REMOVAL from Orange County, case number 2020-CA-008429-O filed in State Court on 8/21/2020. Filing fee $ 402, receipt number 113A-18023382 filed by Westchester Surplus Lines Insurance Company. (Attachments: #1 State Court COMPLAINT 1, #2 State Court Docket Sheet 3, #3 State Court Other Documents 4, #4 Civil Cover Sheet 5, #5 Exhibit 1, #6 Exhibit 2, #7 Exhibit 3, #8 Exhibit 4, #9 Exhibit 5)(Brodie, Steven) Modified text on 3/22/2021 (MEJ).

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Defendant: Westchester Surplus Lines Insurance Company
Represented By: Steven J. Brodie
Represented By: Andrew Kenneth Daechsel
Represented By: Heidi H. Raschke
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Plaintiff: Lam's Garden Restaurant, Inc. d/b/a Lam's Garden
Represented By: Rachel Harman
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Plaintiff: Lam's Garden Restaurant, Inc. doing business as Lam's Garden
Represented By: Alex Ray Couch
Represented By: Amy Lynn Judkins
Represented By: Rachel Masri Harman
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