Sims et al v. Independent Specialty Insurance Company
Plaintiff: Ryan Sims and Vianey Sims
Defendant: Independent Specialty Insurance Company
Case Number: 6:2023cv02010
Filed: October 18, 2023
Court: US District Court for the Middle District of Florida
Presiding Judge: Anne C Conway
Referring Judge: Embry J Kidd
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. § 1332 Diversity-Insurance Contract
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on December 15, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 15, 2023 Filing 20 NOTICE of mediation conference/hearing to be held on Monday, May 13th, 2024 at 9:30 a.m. (EST) before Gerald T. Albrecht. (Borimonoff, Victor)
December 7, 2023 Filing 19 CASE REFERRED to Mediation. Lead Counsel is directed to contact opposing counsel, select a mediator off the court's approved list of mediators on the website, contact selected mediator and file a notice with the court within 14 days from the date of this order advising the court of the selected mediator and mediation date. Mediation to be conducted in person or the parties shall file a motion seeking permission to conduct the mediation by Zoom. Any such motion shall include a statement that the Mediator consents to mediation by Zoom. (KLD)
December 7, 2023 Opinion or Order Filing 18 CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 2/10/2024. Joinder of Parties due by 2/10/2024. Discovery due by 8/1/2024. Dispositive motions due by 8/16/2024. Pretrial statement due by 12/23/2024. All other motions due by 9/13/2024. Plaintiff disclosure of expert report due by 6/3/2024. Defendant disclosure of expert report due by 7/1/2024. Jury Trial set for trial term commencing on 2/3/2025 at 09:00 AM in Orlando Courtroom 6 A before Judge Anne C. Conway. Conduct mediation hearing by 8/9/2024. Lead counsel to coordinate dates. Signed by Judge Anne C. Conway on 12/6/2023. (KLD)
November 27, 2023 Filing 17 CASE MANAGEMENT REPORT. (Van Der Riet, Kimberly)
November 16, 2023 Filing 16 NOTICE to Court by Independent Specialty Insurance Company re #11 Order (Van Der Riet, Kimberly). Modified on 11/17/2023 to edit text (ABC).
November 13, 2023 Opinion or Order Filing 15 ENDORSED ORDER to strike re: 14 Plaintiffs' Reply/Avoidance of Defendant's Answer and Affirmative Defenses filed by Ryan and Vianey Sims. The Federal Rules of Civil Procedure do not authorize the filing of replies to affirmative defenses. Accordingly, Doc. No. 14 is STRICKEN, and the Clerk is DIRECTED to delete it from the electronic docket. Signed by Magistrate Judge Embry J. Kidd on 11/13/2023. (ADH)
November 7, 2023 Filing 14 **STRICKEN AND REMOVED PER ORDER 15** REPLY to affirmative defenses by Ryan Sims, Vianey Sims. (Borimonoff, Victor) Modified text and image on 11/14/2023 (GL).
November 7, 2023 Filing 13 CERTIFICATE of interested persons and corporate disclosure statement by Ryan Sims, Vianey Sims. (Borimonoff, Victor)
November 7, 2023 Filing 12 NOTICE by Ryan Sims, Vianey Sims (Borimonoff, Victor)
November 7, 2023 Opinion or Order Filing 11 ORDER. No later than November 17, 2023, Defendant Independent Specialty Insurance Corporation shall advise the Court if the results of this litigation have the potential to substantially affect Defendant Independent Specialty Insurance Corporation's or corporate parent Markel Corporation Group's balance sheets. Signed by Judge Anne C. Conway on 11/6/2023. (KLD)
November 7, 2023 Filing 10 NOTICE of Appearance by Victor Borimonoff, Jr on behalf of Ryan Sims, Vianey Sims (Borimonoff, Victor)
November 7, 2023 Filing 9 NOTICE of Lead Counsel Designation by Christopher Ryan Jones on behalf of Independent Specialty Insurance Company. Lead Counsel: C. Ryan Jones. (Jones, Christopher)
November 6, 2023 Filing 8 NOTICE TO ALL 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). (GL)
November 3, 2023 Filing 7 CERTIFICATE of interested persons and corporate disclosure statement re #5 Interested Persons Order by Independent Specialty Insurance Company identifying Corporate Parent Markel Corporation Group, Other Affiliate Kanner & Pintaluga, P.A., Other Affiliate Traub Lieberman Straus & Shrewsberry LLP, Other Affiliate Kimberly T. Van Der Riet, Other Affiliate C. Ryan Jones, Other Affiliate Ryan Sims, Other Affiliate Vianey Sims, Other Affiliate Victor Borimonoff for Independent Specialty Insurance Company. (Van Der Riet, Kimberly)
November 3, 2023 Filing 6 NOTICE of a related action per Local Rule 1.07(c) by Independent Specialty Insurance Company. Related case(s): No. (Van Der Riet, Kimberly) Modified text on 11/6/2023 (GL).
October 20, 2023 Opinion or Order Filing 5 INITIAL CASE ORDER - Notice of Local Rule 3.02(a)(2), which requires the parties in every civil proceeding, except those described in subsection (d), to file a case management report (CMR) using the uniform form at www.flmd.uscourts.gov. The CMR must be filed (1) within forty days after any defendant appears in an action originating in this court, (2) within forty days after the docketing of an action removed or transferred to this court, or (3) within seventy days after service on the United States attorney in an action against the United States, its agencies or employees. Parties have 14 days from the date of this order to file their disclosure statement (if not already filed) and to notify the court of a related action (not required if there are no related actions). Signed by Judge Anne C. Conway on 10/20/2023. (KLD)
October 20, 2023 Filing 4 ANSWER and affirmative defenses to Complaint by Independent Specialty Insurance Company.(Van Der Riet, Kimberly) Modified text on 10/20/2023 (JK).
October 20, 2023 Opinion or Order Filing 3 ORDER ON DISCOVERY MOTIONS. Signed by Magistrate Judge Embry J. Kidd on 10/20/2023. (JOR)
October 19, 2023 Filing 2 NEW CASE ASSIGNED to Judge Anne C. Conway and Magistrate Judge Embry J. Kidd. New case number: 6:23-cv-2010-ACC-EJK. (ARC)
October 18, 2023 Filing 1 COMPLAINT and NOTICE OF REMOVAL from Circuit Court of Ninth Judicial Circuit - Orange County, case number 2023-CA-015392-O filed in State Court on 9/21/23. Filing fee $402, receipt number AFLMDC-21368730 filed by Independent Specialty Insurance Company. (Attachments: #1 State Court COMPLAINT, #2 State Court Docket Sheet, #3 Exhibit 1 - State Court File, #4 Exhibit 2 - Property Card, #5 Exhibit 3 - Civil Remedy Notice, #6 Exhibit 4 - NOF Notice of Removal, #7 Civil Cover Sheet)(Van Der Riet, Kimberly)

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Plaintiff: Ryan Sims
Represented By: Victor Borimonoff, Jr
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Plaintiff: Vianey Sims
Represented By: Victor Borimonoff, Jr
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Defendant: Independent Specialty Insurance Company
Represented By: Kimberly Tudor Van Der Riet
Represented By: Christopher Ryan Jones
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