Wozniak et al v. Mutual of Omaha Insurance Company
Plaintiff: Valerie J. Wozniak and James T. Wozniak
Defendant: Mutual of Omaha Insurance Company
Other: Frederick J. Lauten
Case Number: 6:2024cv00333
Filed: February 15, 2024
Court: US District Court for the Middle District of Florida
Presiding Judge: Wendy W Berger
Referring Judge: Daniel C Irick
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 March 27, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 27, 2024 Opinion or Order Filing 17 CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 5/8/2024 Joinder of Parties due by 5/8/2024 Discovery due by 4/4/2025 Dispositive motions due by 5/6/2025 Pretrial statement due by 9/8/2025 All other motions due by 8/6/2025 Plaintiff disclosure of expert report due by 2/4/2025 Defendant disclosure of expert report due by 3/6/2025 Trial Status Conference set for 9/9/2025 at 10:00 AM in Orlando Courtroom 3 B before Judge Wendy W. Berger Jury Trial set for the October 2025 trial term commencing on 10/6/2025 at 09:00 AM in Orlando Courtroom 3 B before Judge Wendy W. Berger. Conduct mediation hearing by 4/18/2025. Lead counsel to coordinate dates. Signed by Judge Wendy W. Berger on 3/27/2024. (RMF)
March 26, 2024 Filing 16 CASE MANAGEMENT REPORT. (Furman, Wendy)
March 14, 2024 Filing 15 RESPONSE in Opposition re #5 MOTION to Dismiss and Strike Complaint and Incorporated Memorandum of Law Plaintiffs' Response and Opposition to "Defendant Mutual of Omaha Insurance Company's Motion to Dismiss and Strike and Incorporated Memorandum of Law" filed by James T. Wozniak( as Personal Representative of the Estate of Peggy A. Wozniak, deceased), James T. Wozniak(an individual), Valerie J. Wozniak. (McCullough, Earl)
February 29, 2024 Filing 14 SUPPLEMENT re #5 MOTION to Dismiss and Strike Complaint and Incorporated Memorandum of Law - Defendant's Supplemental Local Rule 3.01(g) Certification by Mutual of Omaha Insurance Company. (Furman, Wendy)
February 28, 2024 Filing 13 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)
February 28, 2024 Opinion or Order Filing 12 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 2/28/2024. (RMF)
February 26, 2024 Filing 11 CERTIFICATE of interested persons and corporate disclosure statement by James T. Wozniak( as Personal Representative of the Estate of Peggy A. Wozniak, deceased), James T. Wozniak(an individual), Valerie J. Wozniak. (McCullough, Earl) Modified docket text on 2/26/2024 (JOS).
February 26, 2024 Filing 10 NOTICE of a related action per Local Rule 1.07(c) by James T. Wozniak( as Personal Representative of the Estate of Peggy A. Wozniak, deceased), James T. Wozniak(an individual), Valerie J. Wozniak. Related case(s): Yes (McCullough, Earl) Modified docket text on 2/26/2024 (JOS).
February 26, 2024 Filing 9 CERTIFICATE of counsel for Plaintiffs Notice of Designation of Lead Counsel by Earl Timothy McCullough on behalf of James T. Wozniak( as Personal Representative of the Estate of Peggy A. Wozniak, deceased), James T. Wozniak(an individual), Valerie J. Wozniak (McCullough, Earl)
February 22, 2024 Filing 8 CERTIFICATE of interested persons and corporate disclosure statement by Mutual of Omaha Insurance Company. (Furman, Wendy)
February 22, 2024 Filing 7 NOTICE of a related action per Local Rule 1.07(c) by Mutual of Omaha Insurance Company. Related case(s): No (Furman, Wendy)
February 22, 2024 Filing 6 NOTICE of Lead Counsel Designation by Wendy L. Furman on behalf of Mutual of Omaha Insurance Company. Lead Counsel: Wendy L. Furman. (Furman, Wendy)
February 22, 2024 Filing 5 MOTION to Dismiss and Strike Complaint and Incorporated Memorandum of Law by Mutual of Omaha Insurance Company. (Furman, Wendy) Modified text on 2/23/2024 (JK).
February 20, 2024 Opinion or Order Filing 4 ORDER ON DISCOVERY MOTIONS. Signed by Magistrate Judge Daniel C. Irick on 1/2/2020. (TNP)
February 16, 2024 Filing 3 NOTICE TO COUNSEL Colin T. McCullough 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). (RLK)
February 16, 2024 Filing 2 NEW CASE ASSIGNED to Judge Wendy W. Berger and Magistrate Judge Daniel C. Irick. New case number: 6:24-cv-333-WWB-DCI. (RLK)
February 15, 2024 Filing 1 COMPLAINT and NOTICE OF REMOVAL from Seminole County Circuit Court, case number 2024CA000133 filed in State Court on January 25, 2024. Filing fee $405, receipt number AFLMDC-21774599 filed by Mutual of Omaha Insurance Company. (Attachments: #1 Exhibit 1, #2 State Court COMPLAINT, #3 State Court Docket Sheet, #4 State Court Other Documents, #5 Civil Cover Sheet)(Furman, Wendy)

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Plaintiff: Valerie J. Wozniak
Represented By: Colin Timothy McCullough
Represented By: Earl Timothy McCullough
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Plaintiff: James T. Wozniak
Represented By: Colin Timothy McCullough
Represented By: Earl Timothy McCullough
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Defendant: Mutual of Omaha Insurance Company
Represented By: Wendy L. Furman
Represented By: Tucker Motta
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Other: Frederick J. Lauten
Represented By: Frederick James Lauten, Jr.
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