Shephard v. CUNA Mutual Insurance, et al.
| Charles O. Shephard |
| Cuna Mutual Insurance and VyStar Credit Union |
| 6:2023cv01364 |
| July 20, 2023 |
| US District Court for the Middle District of Florida |
| Paul G Byron |
| Daniel C Irick |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| None |
Docket Report
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This docket was last retrieved on September 12, 2023. A more recent docket listing may be available from PACER.
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| Filing 37 CASE MANAGEMENT REPORT. (Moore, John) |
Filing 36
ENDORSED ORDER to Strike re: #35 Case Management Report. Counsel is directed to refile the document with signatures from all parties. Signed by Judge Paul G. Byron on 9/12/2023. (KM)
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| Filing 35 STRICKEN per Order at 36 CASE MANAGEMENT REPORT. (Moore, John) Modified on 9/12/2023 per Order (KM). |
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Filing 34
ORDER to show cause as to Charles O. Shephard. Plaintiff has failed to file a Case Management Report within the time required by Local Rule 3.02(b). Plaintiff is hereby DIRECTED to file a written response within fourteen (14) days from the date of this Order why this case should not be dismissed, pursuant to Local Rule 3.10, for lack of prosecution due to the non-filing of a Case Management Report within the time prescribed by Local Rule 3.02(b). Failure to respond to this Order may result in a dismissal of this action or the imposition of other appropriate sanctions without further notice from the Court. Signed by Judge Paul G. Byron on 9/8/2023. (KM)
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Filing 33
ENDORSED ORDER granting #31 Motion to Withdraw as Attorney. William Glenn Merten is terminated as counsel in this case. Signed by Magistrate Judge Daniel C. Irick on 9/7/2023. (Irick, Daniel)
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| Filing 32 RESPONSE TO ORDER TO SHOW CAUSE re #18 Order filed by Cuna Mutual Insurance, VyStar Credit Union. (Attachments: #1 Exhibit Declaration of W. Glenn Merten)(McKee, Traci) |
| Filing 31 Unopposed MOTION for W. Glenn Merten to Withdraw as Attorney by Cuna Mutual Insurance, VyStar Credit Union. (McKee, Traci) Motions referred to Magistrate Judge Daniel C. Irick. |
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Filing 30
ORDER to show cause as to William Glenn Merten. On August 1, 2023, the Court entered an Order directing attorney William Glenn Merten to comply with the administrative procedures regarding electronic filing within thirty (30) days. #18 Mr. Merten has failed to comply with the Court's Order, and the time to do so have now passed. Therefore, it is ORDERED that Mr. Merten shall show cause within fourteen (14) days why sanctions should not be imposed for failure to comply. Failure to respond to this Order will result in the imposition of sanctions without further notice from the Court. Signed by Judge Paul G. Byron on 9/1/2023. (KM)
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Filing 29
ENDORSED ORDER to strike re: #26 Consent to Jurisdiction by US Magistrate Judge filed by Charles O. Shephard. The Court does not accept unilaterally filed versions of this document. Plaintiff may refile with consent from Defendants. Signed by Judge Paul G. Byron on 8/29/2023. (KM)
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| Filing 28 CERTIFICATE of interested persons and corporate disclosure statement by Charles O. Shephard. (Attachments: #1 Mailing Envelope)(BCB) |
| Filing 27 NOTICE of a related action per Local Rule 1.07(c) by Charles O. Shephard. Related case(s): No (Attachments: #1 Mailing Envelope)(BCB) |
| Filing 26 ***STRICKEN PURSUANT TO 26 ENDORSED ORDER***UNILATERAL PROPOSED CONSENT to trial by U.S. Magistrate Judge by Charles O. Shephard. (Attachments: #1 Mailing Envelope)(BCB) Modified on 8/29/2023 (LSS). |
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Filing 25
ORDER to show cause as to Charles O. Shephard. Plaintiff has failed to comply with the Court's Order of July 21, 2023, directing Plaintiff to file a Notice of Pendency of Other Actions and a Certificate of Interested Persons. Therefore, it is ORDERED that Plaintiff shall SHOW CAUSE and file a response to said Order within fourteen (14) days from the date of this Order. Failure to comply with this Order may result in dismissal of the case without further notice or other appropriate sanctions. Signed by Judge Paul G. Byron on 8/14/2023. (KM)
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Filing 24
ENDORSED ORDER granting #23 Motion to Appear Pro Hac Vice. John M. Moore is granted special admission to practice in the Middle District for purposes of this action pursuant to Local Rule 2.01(c), provided counsel shall register for and use the electronic filing system as adopted by the Court. Signed by Magistrate Judge Daniel C. Irick on 8/11/2023. (Irick, Daniel)
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| Filing 23 Unopposed MOTION for John M. Moore to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-21128783 for $150 by Cuna Mutual Insurance, VyStar Credit Union. (McKee, Traci) Motions referred to Magistrate Judge Daniel C. Irick. |
| Filing 22 CORPORATE Disclosure Statement by Cuna Mutual Insurance, VyStar Credit Union identifying Corporate Parent TruStage Financial Group, Inc. f/k/a CUNA Mutual Financial Group, Inc., Corporate Parent CUNA Mutual Investment Company, Corporate Parent CUNA Mutual Holding Company for Cuna Mutual Insurance.. (McKee, Traci) |
| Filing 21 NOTICE of a related action per Local Rule 1.07(c) by Cuna Mutual Insurance, VyStar Credit Union. Related case(s): No (McKee, Traci) |
| Filing 20 NOTICE of Lead Counsel Designation by Traci McKee on behalf of Cuna Mutual Insurance, VyStar Credit Union. Lead Counsel: Traci T. McKee. (McKee, Traci) |
| Filing 19 ANSWER and affirmative defenses to #1 Complaint by VyStar Credit Union.(McKee, Traci) |
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Filing 18
ORDER. Upon review of this case, it appears that attorney William Glenn Merten is not registered to participate in the Case Management and Electronic Case Filing ("CM/ECF") program of the Court. Henceforth, all attorneys appearing in a case assigned to the undersigned Judge shall participate and docket in CM/ECF within 30 days of entry of an appearance in such case. Therefore, William Glenn Merten shall register to participate, as well as docket, in CM/ECF within thirty (30) days from the date of this Order. Signed by Judge Paul G. Byron on 8/1/2023. (KM)
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Filing 17
INITIAL CASE ORDER re: Case Management and Deadlines. Signed by Judge Paul G. Byron on 7/21/2023. (KM)
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Filing 16
STANDING ORDER ON DISCOVERY MOTIONS. Signed by Magistrate Judge Daniel C. Irick on 1/2/2020. (TNP)
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| Filing 15 TRANSFER IN from the Eastern District of Virginia. Case assigned to District Judge Paul G. Byron and Magistrate Judge Daniel C. Irick. New Case Number: 6:23-cv-1364-PGB-DCI. (RPB) |
| Filing 14 Case transferred in from District of Virginia Eastern; Case Number 3:23-cv-00152. File received electronically |
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Filing 13
ORDER (Transferring Case to the United States District Court for the Middle District of Florida). This matter comes before the Court on Plaintiff Charles Shephard's ("Plaintiff') Unopposed Motion to Transfer Venue (the "Motion" (ECF No. #10)), moving to transfer this matter to the United States District Court for the Middle District of Florida, Orlando Division. Pursuant to 28 U.S.C. 1404(a), a district court has the power to transfer an action to any other district where it might be brought "[f]or the convenience of the parties and witnesses, in the interests of justice." Because the parties agree, and finding transfer of this case otherwise proper, the Court hereby GRANTS Plaintiff's Motion (ECF No. #10) and DIRECTS the Clerk to transfer this case to the Middle District of Florida, Orlando Division. Upon transfer, this case shall be administratively CLOSED. It is so ORDERED. Signed by District Judge David J. Novak on 7/20/20232. Order was mailed to the plaintiff. (sbea) [Transferred from vaed on 7/20/2023.]
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| Filing 12 Response to #11 Order filed by CUNA Mutual Insurance, VyStar Credit Union (Merten, William). Modified on 6/27/2023. (sbea) [Transferred from vaed on 7/20/2023.] |
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Filing 11
ORDER (Directing Pleading). This matter comes before the Court on pro se Plaintiff Charles O. Shepard's Motion to Transfer ("Mot." (ECF No. #10)), wherein Plaintiff moves for an order transferring this suit to the United States District Court for the Middle District of Florida. The Court hereby DIRECTS Counsel for CUNA Mutual to file a pleading confirming CUNA Mutual's position on the Motion and stating the legal basis for the requested transfer. Such pleading shall also address Plaintiff's representation that Counsel for CUNA Mutual also represents Defendant Vystar. It is so ORDERED. Signed by District Judge David J. Novak on 6/22/2023. Order was mailed to the plaintiff. (sbea) [Transferred from vaed on 7/20/2023.]
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| Filing 10 MOTION to Transfer Case to Proper Jurisdiction by Charles O. Shephard. (Attachment: #1 Local Rule 83.1(M) Certification). (sbea) [Transferred from vaed on 7/20/2023.] |
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Filing 9
ORDER (Denying Motion for Summary Judgment). This matter comes before the Court on pro se Plaintiff Charles O. Shepard's #8 Motion for Summary Judgment. Plaintiff's motion is premature, it fails to comply with the requirements of Local Civil Rule 56 and it wholly fails to meet the exacting standard required by Rule 56(a). The Court therefore DENIES Plaintiff's Motion for Summary Judgment (ECF No. #8) without prejudice. See Order for details. It is so ORDERED. Signed by District Judge David J. Novak on 5/5/2023. Order was mailed to the plaintiff. (sbea) [Transferred from vaed on 7/20/2023.]
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| Filing 8 MOTION for Summary Judgment Against Vystar Credit Union by Charles O. Shephard. (Attachment: #1 Local Rule 83.1(M) Certification). (sbea) [Transferred from vaed on 7/20/2023.] |
| Filing 7 Corporate Disclosure Statement by CUNA Mutual Insurance. (Merten, William) [Transferred from vaed on 7/20/2023.] |
| Filing 6 ANSWER to #1 Complaint, with Affirmative Defenses by CUNA Mutual Insurance.(Merten, William) [Transferred from vaed on 7/20/2023.] |
| Filing 5 SUMMONS Returned as to CUNA Mutual Insurance Company and VyStar Credit. Summons were served via Certified U.S. Mail. (sbea) [Transferred from vaed on 7/20/2023.] |
| Filing 4 Summons Issued as to CUNA Mutual Insurance and VyStar Credit Union. Clerk mailed Summons to Mr. Shephard for service. Clerk also included Pro Se Reference Handbook, Local 4 of Rules and Civil Procedures, additional copies of Local Rule 83.1(M) Certification and Certificate of Service. (sbea) [Transferred from vaed on 7/20/2023.] |
| Filing 3 Service Addresses by Charles O. Shephard re: #1 Complaint. (sbea) [Transferred from vaed on 7/20/2023.] |
| Filing 2 CONSENT to Jurisdiction by US Magistrate Judge by Charles O. Shephard. (sbea) [Transferred from vaed on 7/20/2023.] |
| Filing 1 COMPLAINT AND REQUEST FOR INJUNCTION filed by Charles O. Shephard against Cuna Mutual Insurance and VyStar Credit Union; (Filing Fee: $402.00, Receipt Number: 300000731). (Attachments: #1 Unmarked Attachments, #2 Local Rule 83.1(M) Certification, #3 Receipt). (sbea) [Transferred from vaed on 7/20/2023.] |
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