Colello v. GEICO General Insurance Company et al
| Wayne L Colello |
| GEICO General Insurance Company and Jamal Erroudani |
| Brennan, Holden & Kavouklis, P.A. |
| 6:2022cv01262 |
| July 19, 2022 |
| US District Court for the Middle District of Florida |
| David A Baker |
| Roy B Dalton |
| Robert M Norway |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Auto Negligence |
| Both |
Docket Report
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This docket was last retrieved on September 21, 2023. A more recent docket listing may be available from PACER.
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| Filing 80 NOTICE OF RESCHEDULING HEARING (AS TO TIME ONLY): The Final Pretrial Conference previously scheduled for 10/19/2023 is rescheduled. New hearing time: Final Pretrial Conference set for 10/19/2023 at 09:00 AM in Orlando Courtroom 4 A before Judge Roy B. Dalton, Jr. (ALL) |
| Filing 79 Minute Entry for In Person Proceedings held before Judge Roy B. Dalton, Jr.: MOTION HEARING held on 9/21/2023 re #55 MOTION for Summary Judgment filed by GEICO General Insurance Company. Court Reporter: Amie First. (ALL) |
| Filing 78 PRETRIAL statement by GEICO General Insurance Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8)(Angley, David) |
| Filing 77 RESPONSE in Opposition re #70 MOTION In Limine filed by Wayne L Colello. (Marino, Stephen) |
Filing 76
ENDORSED ORDER granting #74 Motion for Extension of Time to File. Despite having months to prepare for the pretrial conference and to comply with the Court-imposed deadlines, the Defendant files a unilateral, unauthorized pretrial statement while the Plaintiff, for his part, files an eleventh-hour request for a time extension which results in the Court having to set aside other matters to deal with the parties' self-created emergency. By September 18, 2023, the parties are DIRECTED to file a Joint Pretrial Statement signed by both parties. No further extension will be granted. Defendant's unilateral Pretrial Statement (Doc. #75) is STRICKEN. Failure to strictly comply with the Court-ordered submissions will result in the imposition of sanctions. Signed by Judge Roy B. Dalton, Jr. on 9/15/2023. (JWG)
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| Filing 75 ***Stricken pursuant to Endorsed Order 76. PRETRIAL statement by GEICO General Insurance Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Thompson, Jordan) Modified on 9/18/2023 to edit text (ABC). |
| Filing 74 Unopposed MOTION for Extension of Time to File Joint Final Pretrial Statement by Wayne L Colello. (Marino, Stephen) Motions referred to Magistrate Judge Robert M. Norway. |
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Filing 73
ENDORSED ORDER granting #72 Motion for Extension of Time to File Response / Reply. By September 15, 2023, Plaintiff is DIRECTED to file its response to Doc. #70 Defendant's Motion in Limine. No further extension will be granted. Signed by Judge Roy B. Dalton, Jr. on 9/13/2023. (JWG)
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| Filing 72 Unopposed MOTION for Extension of Time to File Response/Reply as to #70 MOTION In Limine by Wayne L Colello. (Marino, Stephen) Motions referred to Magistrate Judge Robert M. Norway. |
| Filing 71 RESPONSE in Opposition re #69 MOTION In Limine regarding to Exclude Testimony From Geico's Expert Witness, Kathy Maus filed by GEICO General Insurance Company. (Angley, David) |
| Filing 70 MOTION In Limine by GEICO General Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K)(Angley, David) |
| Filing 69 MOTION In Limine regarding to Exclude Testimony From Geico's Expert Witness, Kathy Maus by Wayne L Colello. (Attachments: #1 Exhibit A- Lettter, #2 Exhibit B- Letter, #3 Exhibit C- Disclosure, #4 Exhibit D- Transcript, #5 Exhibit E- Order, #6 Exhibit F- Order)(Marino, Stephen) |
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Filing 68
It is ORDERED AND ADJUDGED that the Deposition of Scott Jones (Doc. #58-3) is STRICKEN. The Clerk is DIRECTED to remove it from the docket. Signed by Judge Roy B. Dalton, Jr. on 8/31/2023. (ALL)
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| Filing 67 NOTICE OF RESCHEDULING HEARING: The Final Pretrial Conference previously scheduled for 9/21/2023 is rescheduled. New scheduling date and time: Motion Hearing re #55 Motion for Summary Judgment set for 9/21/2023 at 10:00 AM in Orlando Courtroom 4 A before Judge Roy B. Dalton, Jr. Final Pretrial Conference set for 10/19/2023 at 10:00 AM in Orlando Courtroom 4 A before Judge Roy B. Dalton, Jr. Jury Trial set for term commencing 11/6/2023 at 09:00 AM in Orlando Courtroom 4 A before Judge Roy B. Dalton, Jr. All other previously set deadlines to remain. (ALL) |
| Filing 66 NOTICE of supplemental authority re #58 Response in Opposition to Motion by Wayne L Colello. (Attachments: #1 Exhibit A- Supplemental Authority)(Marino, Stephen) |
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Filing 65
ENDORSED ORDER TO STRIKE Defendant's notice of conflict (Doc. 62). Such filings are prohibited by Local Rule 3.08(c). If Defendant seeks relief from the Court's Case Management and Scheduling Order, it must file a motion in compliance with Local Rule 3.01. The Clerk is DIRECTED to remove Doc. 62 from the docket. Signed by Judge Roy B. Dalton, Jr. on 7/14/2023. (EP)
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Filing 64
ENDORSED ORDER granting #63 Motion to Withdraw Attorney Michael Hoffman as Counsel of Record for Plaintiff. Attorney Hoffman is hereby terminated from the case. Signed by Magistrate Judge Robert M. Norway on 7/12/2023. (MLS)
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| Filing 63 Unopposed MOTION for Michael W. Hoffman to Withdraw as Attorney by Wayne L Colello. (Hoffman, Michael) Motions referred to Magistrate Judge Robert M. Norway. |
| Filing 62 STRICKEN per Endorsed Order 65 NOTICE of Conflict During Trial Period by GEICO General Insurance Company re #25 Case Management Scheduling Order (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Angley, David) Modified text on 7/2/2023 (BD). Modified on 7/17/2023 to remove attachments (BD). |
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Filing 61
ENDORSED ORDER granting #60 Motion to Withdraw Attorney Michael Crampton as Counsel of Record for Defendant GEICO General Insurance Company. Attorney Crampton is hereby terminated from the case. Signed by Magistrate Judge Robert M. Norway on 6/29/2023. (JBS)
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| Filing 60 Unopposed MOTION for Michael A. Crampton to Withdraw as Attorney by GEICO General Insurance Company. (Crampton, Michael) Motions referred to Magistrate Judge Robert M. Norway. |
| Filing 59 REPLY to Response to Motion re #55 MOTION for Summary Judgment filed by GEICO General Insurance Company. (Attachments: #1 Exhibit A)(Angley, David) |
| Filing 58 RESPONSE in Opposition re #55 MOTION for Summary Judgment filed by Wayne L Colello. (Attachments: #1 Exhibit A - Ford Order, #2 Exhibit B - Katrina Gustin Depo, # 3 **STRICKEN and REMOVED per #68 Order** Exhibit C - Scott Jones Depo, #4 Exhibit D - Cederberg Report, #5 Exhibit E - Mark Cederberg Depo)(Marino, Stephen) Modified on 5/30/2023 to edit docket text (KNC). Modified on 8/31/2023 (SPM). |
| Filing 57 RESPONSE in Opposition re #54 MOTION Seeking to strike GEICO's expert witness Kathy Maus, Esq. and exclude her testimony filed by GEICO General Insurance Company. (Attachments: #1 Exhibit A)(Angley, David) |
| Filing 56 NOTICE of Filing Exhibit B by GEICO General Insurance Company re #55 MOTION for Summary Judgment (Attachments: #1 Exhibit B)(Thompson, Jordan) Modified on 5/8/2023 to edit docket text (KNC). |
| Filing 55 MOTION for Summary Judgment by GEICO General Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B - ERROR, REFILED AT #56, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Appendix R, #19 Affidavit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W, #24 Exhibit X, #25 Exhibit Y, #26 Exhibit Z, #27 Exhibit AA, #28 Exhibit BB, #29 Exhibit CC, #30 Exhibit DD)(Thompson, Jordan) Modified text to note Exhibit B refiled on 6/7/2023 (ALL). |
| Filing 54 MOTION Seeking to strike GEICO's expert witness Kathy Maus, Esq. and exclude her testimony by Wayne L Colello. (Attachments: #1 Exhibit A- 2012-01-11 Ltr from GEICO, #2 Exhibit B- 2012-10-10 Ltr from Del Rio, #3 Exhibit C- SCOTT JONES depo, #4 Exhibit D - GEICO Rule 26 and attachments, #5 Exhibit E - KATHY MAUS Depo, #6 Exhibit F- Ford Order on Expert Testimony [DE 177], #7 Exhibit G- Cawthorn Order on R_R_Daubert Motions _DE 104_)(Marino, Stephen) Motions referred to Magistrate Judge Robert M. Norway. Modified on 5/8/2023 to edit docket text (KNC). |
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Filing 53
ENDORSED ORDER denying as moot GEICO General Insurance Company's #50 Motion to Compel Compliance of a Non-Party in view of the movant's notice to the Court that the motion is now moot. Signed by Magistrate Judge Robert M. Norway on 4/18/2023. (Norway, Robert)
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| Filing 52 NOTICE of Ongoing Conferral by GEICO General Insurance Company re #50 MOTION to Compel Non-Party Franklyn Del Rio's Response to GEICO's Subpoena Duces Tecum (Angley, David) Modified on 4/17/2023 to edit docket text (KNC). |
| Filing 51 NOTICE of Appearance by David Michael Angley on behalf of GEICO General Insurance Company (Angley, David) |
| Filing 50 MOTION to Compel Non-Party Franklyn Del Rio's Response to GEICO's Subpoena Duces Tecum by GEICO General Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Angley, David) Motions referred to Magistrate Judge Robert M. Norway. |
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Filing 49
ORDER granting in part and denying in part #48 Motion for Extension of Time to Complete Discovery. The depositions of Collins, Maus, and the GEICO 30(b)(6) witness may be conducted as scheduled through April 24, 2023, but will not be available for dispositive motions. No additional discovery is permitted beyond April 7, 2023. No further extensions may be sought as a result of this Order. Additional relief sought is DENIED. Signed by Judge Roy B. Dalton, Jr. on 3/16/2023. (ALL)
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| Filing 48 Joint MOTION for Extension of Time to Complete Discovery by GEICO General Insurance Company. (Angley, David) Motions referred to Magistrate Judge Robert M. Norway. |
| Filing 47 Case Reassigned to Magistrate Judge Robert M. Norway. New case number: 6:22-cv-1262-RBD-RMN. Magistrate Judge David A. Baker no longer assigned to the case. (GNB) |
| Filing 46 MEDIATION report Hearing held on 02/13/2023. Hearing outcome: No agreement was reached.. (Attachments: #1 Exhibit A - Mediation Report)(Marino, Stephen) |
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Filing 45
ORDER GRANTING #31 Emergency MOTION to Quash Subpoenas, MOTION for Protective Order. Signed by Magistrate Judge Celeste F. Bremer on 2/10/2023. (JPR)
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| Filing 44 NOTICE of Appearance by David Michael Angley on behalf of GEICO General Insurance Company (Angley, David) |
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Filing 43
It is ORDERED AND ADJUDGED that GEICO's Motion (Doc. #9) is GRANTED. Count I (Doc. 1-1, 25-32) is DISMISSED WITHOUT PREJUDICE and without leave to amend. Defendant Jamal Erroudani is DISMISSED and the Clerk is DIRECTED to terminate him as a party to this action. Erroudani's Motion (Doc. #10) is DENIED AS MOOT. Plaintiff's Remand Motion (Doc. #21) is DENIED AS MOOT. Signed by Judge Roy B. Dalton, Jr. on 1/12/2023. (ALL)
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| Filing 41 Minute Entry. Virtual Proceedings held before Magistrate Judge Celeste F. Bremer: MOTION HEARING held on 12/21/2022 re #31 Emergency MOTION to Quash Subpoenas MOTION for Protective Order filed by Wayne L Colello & Response #34. (DIGITAL/ZOOM) (JW) |
| Filing 40 NOTICE of Ongoing Conferral re #4 Standing Order #31 Emergency MOTION to Quash Subpoenas , MOTION for Protective Order and #34 RESPONSE by Wayne L Colello(Hoffman, Michael) Modified on 12/20/2022 to edit docket text and relationships (SRD). |
| Filing 39 JOINDER in motion by Brennan, Holden & Kavouklis, P.A. re #31 Emergency MOTION to Quash Subpoenas MOTION for Protective Order filed by Wayne L Colello. (LDJ) |
| Filing 37 NOTICE of hearing on motions re #31 Emergency Motion & #34 Response in Opposition.Motion Hearing set for 12/21/2022 at 11:30 AM in Zoom Video Conference before Magistrate Judge Celeste F. Bremer. Zoom notice to be sent separate. (JW) |
| Filing 36 Amended ANSWER and affirmative defenses to Complaint with Jury Demand by GEICO General Insurance Company. (Attachments: #1 Exhibit 1)(Gomez, Carlos) |
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Filing 35
ENDORSED ORDER GRANTING Defendant's Unopposed Motion for Leave to Amend Its Answer (Doc. #33). Defendant is DIRECTED to file its amended answer as a separate docket entry by Tuesday, December 20, 2022. Signed by Judge Roy B. Dalton, Jr. on 12/13/2022. (EP)
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| Filing 34 RESPONSE in Opposition re #31 Emergency MOTION to Quash Subpoenas MOTION for Protective Order filed by GEICO General Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B)(Gomez, Carlos) |
| Filing 33 Unopposed MOTION to Amend #8 Answer to Complaint to Correct Scrivner's Error by GEICO General Insurance Company. (Attachments: #1 Exhibit A)(Gomez, Carlos) |
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Filing 32
ENDORSED ORDER: In view of the provisions of Fed R. Civ. P. 37(d) (2) and 26(c), the Court will not treat the #31 motion as an emergency matter. Signed by Magistrate Judge Celeste F. Bremer on 12/7/2022. (JPR)
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| Filing 31 Emergency MOTION to Quash Subpoenas , MOTION for Protective Order by Wayne L Colello. (Attachments: #1 Exhibit Ex. A - Notice of Production Non-Party Supoenas, #2 Exhibit Ex. B - Ford Order DE 35, #3 Exhibit Ex. C - Cadle MPO Order DE 45, #4 Exhibit Ex. D - Gilliam MPO 6-20-14, #5 Exhibit Ex. E - Colello_ Response to GEICO Request for Production)(Marino, Stephen) Motions referred to Magistrate Judge David A. Baker. |
| Filing 30 NOTICE of supplemental authority re #21 MOTION to Remand to State Court by Wayne L Colello. (Attachments: #1 Exhibit A - Erroudani's Response to Request for Production)(Hoffman, Michael) Modified text on 11/28/2022 (LDJ). |
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Filing 29
ENDORSED ORDER denying #26 Motion to Stay Discovery. Signed by Judge Roy B. Dalton, Jr. on 9/26/2022. (Dalton, Jr., Roy)
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| Filing 28 RESPONSE in Opposition re #26 MOTION to Stay Discovery filed by GEICO General Insurance Company. (Alexander, Megan) |
| Filing 27 NOTICE of mediation conference/hearing to be held on 02/13/2023 at 9:00 am before Robert Flayman. (Alexander, Megan) |
| Filing 26 MOTION to Stay Discovery by Wayne L Colello. (Attachments: #1 Exhibit A - First Request for Production)(Marino, Stephen) |
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Filing 25
CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 10/14/2022 Joinder of Parties due by 10/14/2022 Discovery due by 4/7/2023 Dispositive motions due by 5/5/2023 Pretrial statement due by 9/14/2023 Plaintiff disclosure of expert report due by 2/10/2023 Defendant disclosure of expert report due by 3/10/2023 Final Pretrial Conference set for 9/21/2023 at 10:00 AM in Orlando Courtroom 4 A before Judge Roy B. Dalton, Jr. Jury Trial set for trial term commencing 10/2/2023 at 09:00 AM in Orlando Courtroom 4 A before Judge Roy B. Dalton, Jr. Conduct mediation hearing by 3/26/2023. Lead counsel to coordinate dates. Signed by Judge Roy B. Dalton, Jr. on 9/1/2022. (RMF)
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| Filing 24 RESPONSE in Opposition re #21 MOTION to Remand to State Court filed by GEICO General Insurance Company. (Thompson, Jordan) |
| Filing 23 CASE MANAGEMENT REPORT. (Gomez, Carlos) |
| Filing 22 RESPONSE to #10 MOTION to Dismiss Fraudulently joined defendant Jamal Erroudani filed by Wayne L Colello. (Marino, Stephen) Text modified on 8/19/2022 (RDO). |
| Filing 21 MOTION to Remand to State Court by Wayne L Colello. (Marino, Stephen) |
| Filing 20 RESPONSE to Motion re #9 MOTION to Dismiss Count I - Declaratory Relief filed by Wayne L Colello. (Attachments: #1 Exhibit A - Order Denying Motion to Amend or Vacate Judgment)(Marino, Stephen) |
| Filing 19 Remark: Doc. #15 has been reviewed. Signed by Judge Roy B. Dalton, Jr. on 8/5/2022. (EP) |
| Filing 18 Remark: Doc. #13 has been reviewed. Signed by Judge Roy B. Dalton, Jr. on 8/3/2022. (EP) |
| Filing 17 NOTICE of Appearance by Jeremy Thomas Palma on behalf of Jamal Erroudani (Palma, Jeremy) |
| Filing 16 NOTICE of a related action per Local Rule 1.07(c) by Wayne L Colello. Related case(s): Yes (Marino, Stephen) |
| Filing 15 CERTIFICATE of interested persons and corporate disclosure statement re #5 Order by Wayne L Colello. (Marino, Stephen) |
| Filing 14 NOTICE of Lead Counsel Designation by Stephen A. Marino, Jr on behalf of Wayne L Colello. Lead Counsel: Stephen A. Marino, Jr.. (Marino, Stephen) |
| Filing 13 CERTIFICATE of interested persons and corporate disclosure statement re #5 Order by GEICO General Insurance Company. (Alexander, Megan) Modified on 8/3/2022 (RDO). |
| Filing 12 NOTICE of a related action per Local Rule 1.07(c) by GEICO General Insurance Company. Related case(s): Yes (Alexander, Megan) |
| Filing 11 NOTICE of Lead Counsel Designation by Megan Alexander on behalf of GEICO General Insurance Company. Lead Counsel: Megan Alexander. (Alexander, Megan) |
| Filing 10 MOTION to Dismiss Fraudulently joined defendant Jamal Erroudani by GEICO General Insurance Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Thompson, Jordan) |
| Filing 9 MOTION to Dismiss Count I - Declaratory Relief by GEICO General Insurance Company. (Thompson, Jordan) |
| Filing 8 ANSWER and affirmative defenses to Complaint with Jury Demand by GEICO General Insurance Company. (Attachments: #1 Exhibit 1)(Thompson, Jordan) |
| Filing 7 NOTICE of Appearance by Carlos G. Gomez on behalf of GEICO General Insurance Company (Gomez, Carlos) |
| Filing 6 NOTICE of Appearance by Megan Alexander on behalf of GEICO General Insurance Company (Alexander, Megan) |
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Filing 5
INITIAL ORDER re Case Management and Deadlines. Signed by Judge Roy B. Dalton, Jr. on 7/21/2022. (YG)
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Filing 4
STANDING ORDER ON DISCOVERY MOTIONS. Signed by Magistrate Judge Celeste F. Bremer on 7/20/2022. (TNP)
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| Filing 3 NEW CASE ASSIGNED to Judge Roy B. Dalton, Jr. and Magistrate Judge David A. Baker. New case number: 6:22-cv-1262-RBD-DAB. (SJB) |
| Filing 2 NOTICE by GEICO General Insurance Company re #1 Notice of Removal, (Attachments: #1 Exhibit 5)(Thompson, Jordan) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from Ninth Judicial Circuit, case number 22-CA-3900-O Filing fee $402, receipt number AFLMDC-19787137 filed by GEICO General Insurance Company. (Attachments: #1 Exhibit Plt's Complaint, #2 Exhibit NOS, Summons, #3 Exhibit Sunbiz, #4 Exhibit Pleadings, #5 State Court Docket Sheet, #6 Civil Cover Sheet)(Thompson, Jordan) |
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