O.M. Hospitality of Deltona, LLC v. Westchester Surplus Lines Insurance Company
Plaintiff: O.M. Hospitality of Deltona, LLC
Defendant: Westchester Surplus Lines Insurance Company
Case Number: 6:2023cv00376
Filed: March 1, 2023
Court: US District Court for the Middle District of Florida
Presiding Judge: David A Baker
Referring Judge: Carlos E Mendoza
2 Judge: Robert M Norway
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. ยง 1441 Notice of Removal-Insurance Contract
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on March 22, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 22, 2023 Opinion or Order Filing 18 ORDER dismissing case without prejudice. The Clerk is directed to close this file. Signed by Judge Carlos E. Mendoza on 3/22/2023. (MEH)
March 17, 2023 Opinion or Order Filing 17 ENDORSED ORDER denying as moot #9 Defendant's Motion to Dismiss in light of #14 Amended Complaint. Signed by Judge Carlos E. Mendoza on 3/17/2023. (VLC)
March 14, 2023 Filing 16 NOTICE of a related action per Local Rule 1.07(c) by Westchester Surplus Lines Insurance Company. Related case(s): Yes (Pasternack, Chad) Modified on 3/15/2023 (SPM).
March 14, 2023 Filing 15 CERTIFICATE of interested persons and corporate disclosure statement by Westchester Surplus Lines Insurance Company identifying Corporate Parent Chubb Limited, Corporate Parent Chubb US Holdings, Inc., Corporate Parent Chubb Group Holdings, Inc. for Westchester Surplus Lines Insurance Company. (Pasternack, Chad)
March 14, 2023 Filing 14 AMENDED COMPLAINT against Westchester Surplus Lines Insurance Company with Jury Demand filed by O.M. Hospitality of Deltona, LLC.(Melendez, Brittany) Modified on 3/15/2023 (SPM).
March 14, 2023 Filing 13 CERTIFICATE of interested persons and corporate disclosure statement Pursuant to Federal Rule of Civil Procedure 7.1 and Local Rule 3.03 by O.M. Hospitality of Deltona, LLC. (Melendez, Brittany) Modified on 3/14/2023 (SPM).
March 13, 2023 Filing 11 NOTICE of Lead Counsel Appearance by Brittany Grace Melendez on behalf of O.M. Hospitality of Deltona, LLC (Melendez, Brittany)
March 9, 2023 Filing 10 Case Reassigned to Magistrate Judge Robert M. Norway. New case number: 6:23-cv-376-CEM-RMN. Magistrate Judge David A. Baker no longer assigned to the case. (RPB)
March 8, 2023 Filing 9 MOTION to Dismiss for Failure to State a Claim by Westchester Surplus Lines Insurance Company. (Attachments: #1 Exhibit 1 - Policy)(Dickenson, John)
March 6, 2023 Opinion or Order Filing 8 STANDING ORDER ON DISCOVERY MOTIONS. Signed by Judge Celeste F. Bremer on 3/6/2023. (JOR) Modified on 3/7/2023 (JOR).
March 2, 2023 Filing 7 NOTICE of Lead Counsel Designation by John David Dickenson on behalf of Westchester Surplus Lines Insurance Company. Lead Counsel: John David Dickenson. (Dickenson, John)
March 2, 2023 Opinion or Order Filing 6 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 3/2/2023. (MEH)
March 2, 2023 Opinion or Order Filing 5 INITIAL ORDER re: Case Management and Deadlines. Signed by Judge Carlos E. Mendoza on 3/2/2023. (MEH)
March 2, 2023 Filing 4 NOTICE TO COUNSEL - of Local Rule 2.02(a), which states, "The first paper filed on behalf of a party must designate only one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action." Counsel must file a Notice of Lead Counsel Designation identifying lead counsel. (Signed by Deputy Clerk). (KNC)
March 1, 2023 Filing 3 NEW CASE ASSIGNED to Judge Carlos E. Mendoza and Magistrate Judge David A. Baker. New case number: 6:23-cv-0376-CEM-DAB. (SJB)
March 1, 2023 Filing 2 NOTICE TO COUNSEL Kevin Weisser 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/for-lawyers. (Signed by Deputy Clerk). (SJB)
March 1, 2023 Filing 1 COMPLAINT and NOTICE OF REMOVAL from Volusia County, case number 2022-11941-CIDL filed in State Court on 12/15/2022. filed by Westchester Surplus Lines Insurance Company. (Attachments: #1 State Court COMPLAINT, #2 State Court Docket Sheet, #3 State Court Other Documents, #4 Civil Cover Sheet, #5 Exhibit Estimate, #6 Exhibit Property Tax Records, #7 Exhibit Annual Report, #8 Exhibit Policy)(Dickenson, John)

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Plaintiff: O.M. Hospitality of Deltona, LLC
Represented By: Kevin Weisser
Represented By: Brittany Grace Melendez
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Defendant: Westchester Surplus Lines Insurance Company
Represented By: John David Dickenson
Represented By: Chad A. Pasternack
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