Shapiro v. RLI Insurance Company
| Mark Shapiro |
| RLI Insurance Company |
| 6:2024cv01815 |
| October 7, 2024 |
| U.S. District Court for the Middle District of Florida |
| Paul G Byron |
| Embry J Kidd |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Injunctive & Declaratory Relief |
| None |
Docket Report
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This docket was last retrieved on December 4, 2024. A more recent docket listing may be available from PACER.
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Filing 30
ENDORSED ORDER denying #29 Motion to Dispense with Mediation. Upon consideration of the circumstances, the parties do not set forth a sufficient basis for the Court to dispense with mediation. Signed by Judge Paul G. Byron on 12/4/2024. (ABD)
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| Filing 29 Joint MOTION for Miscellaneous Relief, specifically to Dispense with Mediation by RLI Insurance Company. (Hilton, Ryan) |
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Filing 28
ORDER to strike re: #27 Plaintiff's Rule 26 Initial Disclosures. Signed by Magistrate Judge Embry J. Kidd on 12/3/2024. (RMN)
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| Filing 27 ***STRICKEN as per Order #28*** NOTICE by Mark Shapiro Initial Disclosures (Kirschner, Steven) Modified text on 12/3/2024 (AM). Modified text on 12/4/2024 (AM). |
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Filing 26
ORDER. This cause is before the Court on the Case Management Report filed by the parties (Doc. #24). The report indicates that the parties have not yet agreed on a mediator. Therefore, the parties are directed to confer and advise the Court on the selection of a mediator and the mediation date within fourteen (14) days from the date of this Order. Signed by Judge Paul G. Byron on 11/19/2024. (KM)
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Filing 25
CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 12/9/2024. Joinder of Parties due by 12/9/2024. Discovery due by 5/5/2025. Dispositive motions due by 6/2/2025. Pretrial statement due by 9/16/2025. All other motions due by 9/23/2025. Plaintiff disclosure of expert report due by 3/3/2025. Defendant disclosure of expert report due by 4/1/2025. Final Pretrial Conference set for 10/21/2025 at 03:00 PM in Orlando Courtroom 4 B before Judge Paul G. Byron. Jury Trial set for the trial term commencing on 11/3/2025 at 09:00 AM in Orlando Courtroom 4 B before Judge Paul G. Byron. Conduct mediation hearing by 5/12/2025. Lead counsel to coordinate dates. Signed by Judge Paul G. Byron on 11/19/2024. (KM)
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| Filing 24 CASE MANAGEMENT REPORT. (Hilton, Ryan) |
| Filing 23 RESPONSE in Opposition re #17 MOTION to Remand to State Court MOTION for Attorney Fees filed by RLI Insurance Company. (Hilton, Ryan) |
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Filing 22
ENDORSED ORDER discharging #18 Order to show cause. Signed by Judge Paul G. Byron on 11/5/2024. (KM)
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| Filing 21 MOTION to Dismiss Petition for Declaratory Judgment by RLI Insurance Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19)(Hilton, Ryan) |
| Filing 20 NOTICE by Mark Shapiro (Kirschner, Steven) Counsel to refile using correct event. Modified text on 11/6/2024 (AM). |
| Filing 19 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Mark Shapiro. (Kirschner, Steven) |
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Filing 18
***DISCHARGED as per Order 22*** ORDER to show cause as to Mark Shapiro. Plaintiff has failed to comply with the Court's Order of October 11, 2024 directing counsel 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 11/4/2024. (KM) Modified text on 11/6/2024 (AM).
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| Filing 17 MOTION to Remand to State Court and for Attorney Fees and Costs by Mark Shapiro. (Attachments: #1 Exhibit)(Kirschner, Steven) . Added MOTION for Attorney Fees on 11/4/2024 (EVK). Modified docket text on 11/4/2024 (EVK). |
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Filing 16
ENDORSED ORDER striking #15 Motion to Remand. The Court prefers that exhibits to a motion be filed as separate attachments. Signed by Judge Paul G. Byron on 11/1/2024. (ABD)
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| Filing 15 STRICKEN per 16 Order; MOTION to Remand to State Court by Mark Shapiro. (Kirschner, Steven) Modified on 11/1/2024 to edit docket text (JDR). |
| Filing 14 NOTICE of Lead Counsel Designation by Steven Jay Kirschner on behalf of Mark Shapiro. Lead Counsel: Steven J. Kirschner. (Kirschner, Steven) |
| Filing 13 NOTICE of a related action per Local Rule 1.07(c) by RLI Insurance Company. Related case(s): Yes (Hilton, Ryan) |
| Filing 12 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by RLI Insurance Company identifying Corporate Parent RLI Corp., Other Affiliate BlackRock, Inc., Other Affiliate The Vanguard Group, Inc., Other Affiliate State Street Corporation for RLI Insurance Company.. (Hilton, Ryan) |
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Filing 11
ENDORSED ORDER striking #10 Motion to Dismiss. The aforementioned #10 Motion fails to comply with Local Rule 3.01(g). Absent certain exceptions not applicable here, Defendant must confer with Plaintiff in a good faith effort to resolve a motion prior to its filing and then, if applicable, include the requisite certification in the motion. See Local Rule 3.01(g). Here, Defendant indicates that it "has not specifically discussed the instant motion" with Plaintiff. See #10 Motion to Dismiss. That being said, the Court notes that the deadline for Defendant to respond to the Complaint has now passed. Thus, upon consideration of the circumstances, Defendant may have until on or before November 4, 2024 to respond to the Complaint in compliance with all applicable rules and law. Signed by Judge Paul G. Byron on 10/23/2024. (ABD)
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| Filing 10 ***STRICKEN; pursuant to court's endorsed order 11.*** First MOTION to Dismiss Shapiro's Petition for Declaratory Relief by RLI Insurance Company. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit)(Ryan, Fay) Modified text on 10/22/2024 (LNR). Modified on 10/22/2024 to remove erroneously selected relief (RPB). Modified text on 10/24/2024 (LNR). |
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Filing 9
ENDORSED ORDER granting #7 Motion for Extension of Time to Answer. RLI Insurance Company may have until and through October 21, 2024, to respond to the Complaint. Signed by Magistrate Judge Embry J. Kidd on 10/15/2024. (Kidd, Embry)
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Filing 8
ORDER ON DISCOVERY MOTIONS. Signed by Magistrate Judge Embry J. Kidd on 10/15/2024. (JOR)
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| Filing 7 MOTION for Extension of Time to File Answer re #1 Notice of Removal and Supporting Memorandum of Law by RLI Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B)(Hilton, Ryan) |
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Filing 6
INITIAL CASE ORDER re: Case Management and Deadlines. Signed by Judge Paul G. Byron on 10/11/2024. (KM)
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| Filing 5 NOTICE of Lead Counsel Designation by Fay E. Ryan on behalf of RLI Insurance Company. Lead Counsel: Fay E. Ryan. (Ryan, Fay) |
| Filing 4 NOTICE TO COUNSEL All counsel of record 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). (MLB) |
| Filing 3 NOTICE TO COUNSEL Christopher J Konicek and Steven Jay Kirschner 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) |
| Filing 2 NEW CASE ASSIGNED to Judge Paul G. Byron and Magistrate Judge Embry J. Kidd. New case number: 6:24-cv-1815-PGB-EJK. (RLK) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from Circuit Court Ninth Judicial Circuit, case number 2024-CA-007916-O filed in State Court on 09/05/2024. Filing fee $405, receipt number AFLMDC-22598266 filed by RLI Insurance Company. (Attachments: #1 State Court COMPLAINT Exhibit 1, #2 State Court Docket Sheet, #3 State Court Other Documents, #4 Civil Cover Sheet)(Hilton, Ryan) |
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| Defendant: RLI Insurance Company | |
| Represented By: | Ryan Kent Hilton |
| Represented By: | Fay E. Ryan |
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| Plaintiff: Mark Shapiro | |
| Represented By: | Christopher J. Konicek |
| Represented By: | Steven Jay Kirschner |
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