Hernandez v. Liberty Mutual Fire Insurance Company
| Dolores Carty Hernandez |
| Liberty Mutual Fire Insurance Company |
| 6:2024cv01816 |
| October 7, 2024 |
| U.S. District Court for the Middle District of Florida |
| Carlos E Mendoza |
| Robert M Norway |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Notice of Removal |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 18, 2024. A more recent docket listing may be available from PACER.
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| Filing 27 ANSWER and affirmative defenses to #23 Amended Complaint by Liberty Mutual Fire Insurance Company.(Keller, Kathryn) |
| Filing 26 NOTICE TO COUNSEL Allison N. Hearn, Tawna Schilling, Kevin J. Weisser 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). (EVK) |
| Filing 25 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Dolores Carty Hernandez. (Hearn, Allison) |
| Filing 24 NOTICE of a related action per Local Rule 1.07(c) by Dolores Carty Hernandez. Related case(s): Yes (Hearn, Allison) Modified docket text on 11/12/2024 (EVK). |
| Filing 23 AMENDED COMPLAINT against All Defendants with Jury Demand. filed by All Plaintiffs.(Hearn, Allison) |
Filing 22
ENDORSED ORDER granting Defendant's #14 Motion to Dismiss as unopposed. The [1-1] Complaint is DISMISSED without prejudice. On or before December 6, 2024, Plaintiff may file an Amended Complaint. Failure to do so will result in the closure of this case without further notice. Signed by Judge Carlos E. Mendoza on 11/7/2024. (RRM)
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| Filing 21 NOTICE OF SELECTION of Tom Brown as mediator by Liberty Mutual Fire Insurance Company.(Keller, Kathryn) |
| Filing 20 NOTICE of mediation conference/hearing to be held on April 10, 2025 before Tom Brown.(Keller, Kathryn) |
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Filing 19
ENDORSED ORDER directing Plaintiff to SHOW CAUSE within seven days from the date of this Order as to why they did not comply with the Court's #9 Initial Order and the Local Rules by failing to file their Notice of Pendency of Related Actions and Disclosure Statement. Alternatively, Plaintiff may cure their failure by fully complying with the Initial Order within seven days, thereby discharging the order to show cause. Failure to comply with this Order may result in the dismissal of this action without further notice. Signed by Judge Carlos E. Mendoza on 11/5/2024. (MEH)
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| Filing 18 CASE REFERRED to Mediation. (AA) |
| Filing 17 The parties are directed to confer, and then advise the Court, on the selection of a mediator, on or before November 12, 2024. Signed by Judge Carlos E. Mendoza on 10/28/2024. (ALL) |
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Filing 16
CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 11/15/2024, Joinder of Parties due by 11/15/2024, Discovery due by 4/3/2026, Dispositive motions due by 5/5/2026, Pretrial statement due by 9/8/2026, All other motions due by 9/8/2026, Plaintiff disclosure of expert report due by 2/3/2026, Defendant disclosure of expert report due by 3/5/2026, Trial Status Conference set for 9/17/2026 at 10:00 AM in Orlando Courtroom 5 B before Judge Carlos E. Mendoza. Jury Trial set for October 2026 at 08:30 AM in Orlando Courtroom 5 B before Judge Carlos E. Mendoza. Conduct mediation hearing by 4/17/2026. Lead counsel to coordinate dates. Signed by Judge Carlos E. Mendoza on 10/28/2024. (ALL)
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| Filing 15 CASE MANAGEMENT REPORT. (Keller, Kathryn) |
| Filing 14 MOTION to Dismiss Plaintiffs Complaint by Liberty Mutual Fire Insurance Company. (Attachments: #1 Exhibit Policy)(Keller, Kathryn) |
| Filing 13 CERTIFICATE of interested persons and corporate disclosure statement re #9 Order by Liberty Mutual Fire Insurance Company identifying Corporate Parent Liberty Mutual Holding Company, Inc., Corporate Parent LMHC Massachusetts Holdings, Inc., Corporate Parent Liberty Mutual Group, Inc., Corporate Parent Liberty Mutual Fire Insurance Company for Liberty Mutual Fire Insurance Company. (Keller, Kathryn) |
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Filing 12
ENDORSED ORDER striking #5 Disclosure Statement. The filing fails to comply with the amended disclosure form, which went into effect on April 1, 2024, and is available on Judge Mendoza's page of the Middle District of Florida website. On or before October 24, 2024, Defendant is directed to file a compliant disclosure form. Failure to do so may result in the entry of default without further notice. Signed by Judge Carlos E. Mendoza on 10/17/2024. (ALL)
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| Filing 11 NOTICE TO COUNSEL Tawna Schilling of Local Rule 2.01(b)(2)(B), which requires members of the Middle District bar to maintain with the clerk a current telephone number, mailing address, and email address. Update your contact information for the Middle District through PACER. (Signed by Deputy Clerk). (MLB) |
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Filing 10
NOTICE TO COUNSEL AND PARTIES: 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 Carlos E. Mendoza on 10/16/2024. (ALL)
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Filing 9
INITIAL ORDER re: Case Management and Deadlines. Signed by Judge Carlos E. Mendoza on 10/16/2024. (ALL)
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| Filing 8 NOTICE TO COUNSEL Allison N. Hearn, Kevin J. Weisser and Tawna Schilling 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 7 NOTICE TO COUNSEL Allison N. Hearn 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). (MLB) |
| Filing 6 NOTICE of a related action per Local Rule 1.07(c) by Liberty Mutual Fire Insurance Company. Related case(s): No (Keller, Kathryn) |
| Filing 5 STRICKEN PER 12 CERTIFICATE of interested persons and corporate disclosure statement by Liberty Mutual Fire Insurance Company identifying Corporate Parent Liberty Mutual Holding Company, Inc., Corporate Parent LMHC Massachusetts Holdings, Inc., Corporate Parent Liberty Mutual Group, Inc., Corporate Parent Liberty Mutual Fire Insurance Company for Liberty Mutual Fire Insurance Company. (Keller, Kathryn) Modified docket text on 10/17/2024 (JOS). |
| Filing 4 NOTICE of Lead Counsel Designation by Kathryn A. Keller on behalf of Liberty Mutual Fire Insurance Company. Lead Counsel: Kathryn A. Keller. (Keller, Kathryn) |
| Filing 3 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 2 NEW CASE ASSIGNED to Judge Carlos E. Mendoza and Magistrate Judge Robert M. Norway. New case number: 6:24-cv-1816-CEM-RMN. (TNP) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from Ninth Judicial Circuit Court, case number 2024-CA-002388 CI filed in State Court on 8/28/2024. Filing fee $405, receipt number AFLMDC-22598340 filed by Liberty Mutual Fire Insurance Company. (Attachments: #1 State Court Complaint, #2 State Court Docket Sheet, #3 State Court Other Documents, #4 Property Appraiser, #5 Notice of Intent to Litigate, #6 Estimate, #7 Notice of filing, Notice of Removal , #8 Civil Cover Sheet)(Keller, Kathryn) Modified on 10/11/2024 to edit the docket text (MLB). |
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