Prime Homes at Portofino Meadows LLC v. Evanston Insurance Company
| Prime Homes at Portofino Meadows LLC, Prime Homes at Portofino Meadows, Inc. and Prime Investors and Developers, Inc a Florida Corporation doing business as Prime Homebuilders |
| Evanston Insurance Company |
| 6:2023cv02151 |
| November 6, 2023 |
| US District Court for the Middle District of Florida |
| Wendy W Berger |
| Embry J Kidd |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Notice of Removal |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 3, 2024. A more recent docket listing may be available from PACER.
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Filing 24
ORDER to strike re: #23 Plaintiffs' Rule 26(a)(1)(A) Initial Disclosures. Signed by Magistrate Judge Embry J. Kidd on 1/3/2024. (RMN)
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| Filing 23 (STRICKEN per #24 Order) NOTICE of Mandatory Initial Disclosures by Prime Homes at Portofino Meadows LLC, Prime Investors and Developers, Inc.(Norton, Walter) Modified text only on 1/2/2024 (LSS). (Modified on 1/4/2024, to edit text) (BGR). |
| Filing 22 MOTION to Dismiss Amended Complaint for Declaratory Relief by Evanston Insurance Company. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit)(Lewis, Jordan) Modified on 12/29/2023 to edit docket text (JDR). |
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Filing 21
ORDER: the parties are directed to confer, and then advise the Court, on the selection of a mediator, on or before January 22, 2024. Signed by Judge Wendy W. Berger on 12/20/2023. (RMF)
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Filing 20
CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 2/23/2024, Joinder of Parties due by 2/23/2024, Discovery due by 7/7/2025, Dispositive motions due by 8/5/2025, Pretrial statement due by 12/8/2025, All other motions due by 11/5/2025, Plaintiff disclosure of expert report due by 5/6/2025, Defendant disclosure of expert report due by 6/5/2025, Trial Status Conference set for 12/9/2025 at 10:00 AM in Orlando Courtroom 3 B before Judge Wendy W. Berger, Jury Trial set for the January 2026 trial term commencing on 1/5/2026 at 09:00 AM in Orlando Courtroom 3 B before Judge Wendy W. Berger. Conduct mediation hearing by 7/18/2025. Lead counsel to coordinate dates. Signed by Judge Wendy W. Berger on 12/20/2023. (RMF)
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| Filing 19 CASE MANAGEMENT REPORT. (Lewis, Jordan) |
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Filing 18
ENDORSED ORDER granting #13 Motion for Extension of Time. Defendant may have until and through December 28, 2023, to respond to the Complaint. Signed by Magistrate Judge Embry J. Kidd on 12/19/2023. (Kidd, Embry)
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| Filing 17 CASE MANAGEMENT REPORT. (Lewis, Jordan) |
| Filing 16 CERTIFICATE of interested persons and corporate disclosure statement by Evanston Insurance Company identifying Corporate Parent Markel Corporation, Corporate Parent Evanston Insurance Company for Evanston Insurance Company. (Perkins, Kristen) |
| Filing 15 NOTICE of a related action per Local Rule 1.07(c) by Evanston Insurance Company. Related case(s): Yes (Perkins, Kristen) |
| Filing 14 CORPORATE Disclosure Statement by Prime Homes at Portofino Meadows LLC, Prime Investors and Developers, Inc. (Vaccarella, Vincent) |
| Filing 13 Unopposed MOTION for Extension of Time to File Response to Amended Complaint by Evanston Insurance Company. (Lewis, Jordan) Motions referred to Magistrate Judge Embry J. Kidd. |
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Filing 12
ENDORSED ORDER denying as moot #7 Defendant's Motion to Dismiss. Signed by Judge Wendy W. Berger on 12/5/2023. (MDJ)
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| Filing 11 AMENDED COMPLAINT against Evanston Insurance Company with Jury Demand. filed by Prime Homes at Portofino Meadows LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Vaccarella, Vincent) Modified on 12/4/2023 to edit docket text(JDR). |
| Filing 10 NOTICE of Lead Counsel Designation by Vincent F. Vaccarella on behalf of Prime Homes at Portofino Meadows LLC. Lead Counsel: Vincent F. Vaccarella. (Vaccarella, Vincent) |
| Filing 9 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. Judges may have a special CMR form for certain types of cases. These forms can be found at www.flmd.uscourts.gov under the Forms tab for each judge. (Signed by Deputy Clerk). (RMF) |
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Filing 8
NOTICE TO COUNSEL AND PARTIES: The Middle District of Florida's revised Local Rules become effective February 1, 2021 and can be found on the Court's public website https://www.flmd.uscourts.gov/local-rules. Additionally, the undersigned has issued Standing Orders, available at https://www.flmd.uscourts.gov/judges/wendy-berger, that apply to all proceedings before the undersigned. For a just and efficient resolution of this case, the parties are DIRECTED to read and comply with the Middle District of Florida's Local Rules and this Court's Standing Orders. See Local Rule 1.01(a). 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 Wendy W. Berger on 11/21/2023. (RMF)
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| Filing 7 MOTION to Dismiss Complaint for Declaratory Relief by Evanston Insurance Company. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit)(Perkins, Kristen) |
| Filing 6 NOTICE of Lead Counsel Designation by Kristen Dana Perkins on behalf of Evanston Insurance Company. Lead Counsel: Kristen D. Perkins. (Perkins, Kristen) |
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Filing 5
ORDER ON DISCOVERY MOTIONS. Signed by Magistrate Judge Embry J. Kidd on 11/8/2023. (JOR)
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| Filing 4 NOTICE TO COUNSEL Vincent F. Vaccarella, Walter W. Norton, Kristen D. Perkins, Jordan H. Lewis 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). (EAM) |
| Filing 3 NOTICE TO COUNSEL Vincent F. Vaccarella, Walter W. Norton 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). (EAM) |
| Filing 2 NEW CASE ASSIGNED to Judge Wendy W. Berger and Magistrate Judge Embry J. Kidd. New case number: 6:23-cv-02151-WWB-EJK. (AM) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from the Ninth Judicial Circuit Court, Orange County, case number 2023-CA-14599-O filed in State Court on 8/21/2023. Filing fee $402, receipt number AFLMDC-21434602 filed by Evanston Insurance Company. (Attachments: #1 Exhibit Pgs 1-86, #2 Exhibit Pgs 87-172, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 State Court COMPLAINT, #8 State Court Docket Sheet, #9 State Court Other Documents, #10 Civil Cover Sheet)(Perkins, Kristen) Modified on 11/7/2023 to edit docket text (EAM). |
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