Penaroque et al v. Allstate Fire and Casualty Insurance Company
| Barbara Penaroque and Antonio Penaroque |
| Allstate Fire and Casualty Insurance Company and Daniel Torres |
| 6:2025cv01543 |
| August 13, 2025 |
| U.S. District Court for the Middle District of Florida |
| Paul G Byron |
| Leslie Hoffman Price |
| Motor Vehicle |
| 28 U.S.C. § 1332 Diversity-Personal Injury |
| Both |
Docket Report
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This docket was last retrieved on January 8, 2026. A more recent docket listing may be available from PACER.
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| Filing 64 NOTICE of Local Rule 1.11(e), which provides that, unless an order states another time, a seal under Rule 1.11 expires ninety days after a case is closed and all appeals are exhausted. To prevent the content of a sealed item from appearing on the docket after the seal expires, a party or interested non-party must move for relief before the seal expires. (Signed by Deputy Clerk). (RLD) |
Filing 63
ORDER re #59 Notice of Settlement & #62 Amended Notice of Resolution. The Clerk is DIRECTED to administratively close the file. Signed by Judge Paul G. Byron on 1/7/2026. (JRI)
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| Filing 62 NOTICE of settlement by Antonio Penaroque, Barbara Penaroque (McMichael, Alan) |
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Filing 61
ENDORSED ORDER re #59 Notice of Settlement. In the #59 Notice, Plaintiffs inform the Court that this action was settled at mediation. However, it is unclear whether all parties, including Defendant Daniel Torres, were present at the mediation. Accordingly, on or before December 24, 2025, Plaintiffs shall file a notice informing the Court whether the claims against Defendant Daniel Torres have also been settled. Failure to timely comply with this Order may result in the imposition of appropriate sanctions, including the dismissal of Plaintiffs' claims against Daniel Torres without prejudice. Signed by Judge Paul G. Byron on 12/17/2025. (JRI)
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Filing 60
ORDER denying as moot #50 Motion for Protective Order; denying as moot #51 Motion to Compel; denying as moot #52 Motion to Compel. Signed by Magistrate Judge Leslie Hoffman Price on 12/17/2025. (MKH)
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| Filing 59 NOTICE of settlement by Antonio Penaroque, Barbara Penaroque (McMichael, Alan) |
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Filing 58
ORDER (and Direction to Clerk of Court) granting in part and denying in part #57 Plaintiffs' Motion to Strike Defendant's Motion to Compel Deposition and Defendant's Response to Plaintiff's Motion for Protective Order for Failure to Redact Personal Information. The Clerk of Court is DIRECTED to REDACT from Defendant's Motion to Compel Deposition and for Sanctions (Doc. No. 52), and Defendant's Response to Plaintiffs' Motion for Protective Order and Motion for Leave to Re-Depose the Plaintiffs (Doc. No. 53), Plaintiff Barbara Penaroque's date of birth and Social Security Number, in accordance with Federal Rule of Civil Procedure 5.2(a)(1), (2). See Doc. No. 52, at 6, 17; Doc. No. 53, at 5, 16. In all other respects, Plaintiffs' Motion to Strike (Doc. No. 57) is DENIED. Signed by Magistrate Judge Leslie Hoffman Price on 12/8/2025. (MKH)
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| Filing 57 MOTION to Strike #53 Response in Opposition to Motion, #52 MOTION to Compel Depositions and for Sanctions by Antonio Penaroque, Barbara Penaroque. (McMichael, Alan) |
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Filing 56
ORDER re #50 Motion for Protective Order Concerning Scope of Update Depositions, #52 Motion to Compel Depositions and for Sanctions, #51 Motion to Compel Production and Motion for Sanctions. It is ORDERED that within fourteen (14) days of the date of this Order, the parties shall each file a supplemental brief, not to exceed seven (7) pages in length respectively, addressing, by citation to legal authority, the issues set forth in this Order. See PDF Order. Signed by Magistrate Judge Leslie Hoffman Price on 12/4/2025. (MKH)
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| Filing 55 RESPONSE in Opposition re #52 MOTION to Compel Depositions and for Sanctions filed by Antonio Penaroque, Barbara Penaroque. (McMichael, Alan) |
| Filing 54 RESPONSE in Opposition re #47 MOTION to Compel Production, Depositions and Motion for Sanctions filed by Antonio Penaroque, Barbara Penaroque. (McMichael, Alan) |
| Filing 53 RESPONSE in Opposition re #50 MOTION for Protective Order filed by Allstate Fire and Casualty Insurance Company. (Dominguez, Robert) ***Plaintiff Barbara Penaroque's date of birth and Social Security Number at pages 5, 16 redacted per #58 Order. Modified on 12/10/2025 (LD). |
| Filing 52 MOTION to Compel Depositions and for Sanctions by Allstate Fire and Casualty Insurance Company. (Dominguez, Robert) Motions referred to Magistrate Judge Leslie Hoffman Price. ***Plaintiff Barbara Penaroque's date of birth and Social Security Number at pages 6, 17 redacted per #58 Order. (LD). Modified on 12/10/2025 (LD). |
| Filing 51 MOTION to Compel Production and MOTION for Sanctions by Allstate Fire and Casualty Insurance Company. (Dominguez, Robert) Motions referred to Magistrate Judge Leslie Hoffman Price. Added MOTION for Sanctions on 11/25/2025 (ELA). Modified on 11/25/2025 to edit docket text (ELA). |
| Filing 50 MOTION for Protective Order by Antonio Penaroque, Barbara Penaroque. (McMichael, Alan) Motions referred to Magistrate Judge Leslie Hoffman Price. |
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Filing 49
ORDER denying without prejudice #47 Defendant Allstate Fire and Casualty Insurance Company's Motion to Compel Production, Motion to Compel Depositions, and Motion for Sanctions, denying without prejudice #48 Motion for Protective Order Concerning Scope of Update Depositions. Signed by Magistrate Judge Leslie Hoffman Price on 11/21/2025. (MKH) Modified text on 11/21/2025 (MGB).
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| Filing 48 RESPONSE in Opposition re #47 MOTION to Compel Production, Depositions and Motion for Sanctions filed by Antonio Penaroque, Barbara Penaroque. (McMichael, Alan) |
| Filing 47 MOTION to Compel Production, Depositions and Motion for Sanctions by Allstate Fire and Casualty Insurance Company. (Rine, John) Motions referred to Magistrate Judge Leslie Hoffman Price. |
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Filing 46
ORDER to strike re: #45 Defendant, Allstate Fire and Casualty Insurance Company, Notice of Serving Initial Mandatory Discovery Disclosures. Signed by Magistrate Judge Leslie Hoffman Price on 11/3/2025. (MKH)
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| Filing 45 STRICKEN per #46 Order; NOTICE of Serving Initial Mandatory Disclosures by Allstate Fire and Casualty Insurance Company (Rine, John) Modified on 10/31/2025 to edit the docket text (MLB). Modified on 11/4/2025 to edit docket text (JDR). |
| Filing 44 NOTICE of mediation conference/hearing to be held on Dec 15, 2025 9:30 AM before Greg Stark. (McMichael, Alan) |
| Filing 43 NOTICE by Barbara Penaroque Notice of Mediation (McMichael, Alan) Counsel to refile using correct event. Modified text on 10/23/2025 (AA). |
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Filing 42
ORDER to strike re: #39 Plaintiff's Notice of Initial Discovery Disclosure, #41 Plaintiff's Notice of Proposal for Settlement to Defendant Allstate Fire and Casualty Insurance Company Under Florida Rule of Civil Procedure 1.442 and Florida Statute 768.79. Signed by Magistrate Judge Leslie Hoffman Price on 10/21/2025. (MKH)
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| Filing 41 ***STRICKEN PURSUANT TO COURT'S #42 ORDER*** NOTICE of Proposal for Settlement by Barbara Penaroque (McMichael, Alan) Modified docket text on 10/21/2025 (FLY). Modified text on 10/23/2025 (AA). |
| Filing 40 AMENDED NOTICE of Mediation (Joint) by Antonio Penaroque and Barbara Penaroque (McMichael, Alan) Modified docket text on 10/21/2025 (FLY). |
| Filing 39 ***STRICKEN PURSUANT TO COURT'S #42 ORDER*** NOTICE of Initial Discovery Disclosure by Antonio Penaroque and Barbara Penaroque (McMichael, Alan) Modified docket text on 10/21/2025 (FLY). Modified text on 10/23/2025 (AA). |
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Filing 38
ORDER. This cause is before the Court on the Court's Order (Doc. #31 (the "Order")) and the parties' Notice of Selection of Mediator. (Doc. #37 (the "Notice")). The Order required the parties to advise the Court as to the selection of a mediator and the mediation date. The Notice contained the name of the mediator but did not include the mediation date. Therefore, it is ORDERED that the parties shall file an Amended Notice including the mediation date within seven (7) days of the date of this Order. Failure to comply with this Order may result in the dismissal of the case or in other appropriate sanctions. Signed by Judge Paul G. Byron on 10/14/2025. (KM)
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| Filing 37 Joint NOTICE OF SELECTION of Greg Stark as mediator by Allstate Fire and Casualty Insurance Company.(Dominguez, Robert) Modified docket text on 10/15/2025 (JG). |
| Filing 36 NOTICE TO COUNSEL John A. Rine 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). (MSN) |
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Filing 35
ORDER granting #33 Defendant Allstate Fire and Casualty Insurance Company's Unopposed Motion for Compulsory Medical Examination of Plaintiff, Barbara Penaroque. Signed by Magistrate Judge Leslie Hoffman Price on 10/7/2025. (ECJ)
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Filing 34
ORDER discharging 22 Order to Show Cause as to Defendant Allstate Fire and Casualty Insurance Company. Further, Defendant Allstate Fire and Casualty Insurance Company's #24 Certificate of Service titled Amended Notice of Removal of Civil Action is hereby STRICKEN as an improper filing. See Order for further details. Signed by Judge Paul G. Byron on 10/7/2025. (JRI) Modified on 10/7/2025 as to docket text per chambers (ARL).
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| Filing 33 Unopposed MOTION for Discovery for Compulsory Medical Examination of Plaintiff, Barbara Penaroque, by Allstate Fire and Casualty Insurance Company. (Attachments: #1 Exhibit A)(Rine, John) Motions referred to Magistrate Judge Leslie Hoffman Price. Modified on 10/7/2025 to edit docket text (MSN). |
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Filing 32
STANDING ORDER on Discovery Motions. Signed by Magistrate Judge Leslie Hoffman Price on 2/7/2022. (MKH)
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Filing 31
ORDER. This cause is before the Court on the Case Management Report filed by the parties (Doc. #26). 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 9/26/2025. (KM) (Main Document 31 replaced on 9/26/2025) (KM). Modified on 9/26/2025 (KM).
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Filing 30
CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 10/31/2025. Joinder of Parties due by 10/31/2025. Discovery due by 4/6/2026. Dispositive motions due by 5/4/2026. Pretrial statement due by 8/17/2026. All other motions due by 8/24/2026. Plaintiff disclosure of expert report due by 2/2/2026. Defendant disclosure of expert report due by 3/2/2026. Final Pretrial Conference set for 9/15/2026 at 03:00 PM in Orlando Courtroom 4 B before Judge Paul G. Byron. Jury Trial set for the trial term commencing on 10/5/2026 at 09:00 AM in Orlando Courtroom 4 B before Judge Paul G. Byron. Conduct mediation hearing by 4/13/2026. Lead counsel to coordinate dates. Signed by Judge Paul G. Byron on 9/26/2025. (KM)
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Filing 29
ORDER granting #27 Plaintiffs' Unopposed Motion to Correct Court File. The Clerk of Court is directed to TERMINATE Timothy H. David, Esq. as counsel for Plaintiffs. Signed by Magistrate Judge Leslie Hoffman Price on 9/25/2025. (ECJ)
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| Filing 28 RESPONSE re #25 Order Regarding the Potential for Recusal filed by Allstate Fire and Casualty Insurance Company. (Rine, John) |
| Filing 27 Unopposed Motion to Correct Court File filed by Antonio Penaroque, Barbara Penaroque. (McMichael, Alan) Modified on 9/24/2025 to correct event and edit docket text (MSN). |
| Filing 26 CASE MANAGEMENT REPORT. (Rine, John) |
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Filing 25
ORDER. Defendant Allstate Fire and Casualty Insurance Company shall file a motion for the undersigned's recusal, if appropriate, within seven (7) days of this Order. See Order for further details. Signed by Judge Paul G. Byron on 9/18/2025. (JRI)
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| Filing 24 STRICKEN per #34 Order- CERTIFICATE of service titled Amended Notice of Remvoal by Allstate Fire and Casualty Insurance Company re #1 Notice of Removal. (Rine, John) Modified on 9/18/2025 to edit docket text (JDR). Modified docket text on 10/7/2025 (JTM). |
| Filing 23 RESPONSE TO ORDER TO SHOW CAUSE re 22 Order filed by Allstate Fire and Casualty Insurance Company. (Rine, John) |
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Filing 22
ENDORSED ORDER TO SHOW CAUSE as to Defendant Allstate Fire and Casualty Insurance Company. Defendant Allstate Fire and Casualty Insurance Company has failed to comply with 8 the Court's Order, specifically to refile the #2 Amended Notice of Removal of Civil Action in the appropriate manner. Defendant Allstate Fire and Casualty Insurance Company shall SHOW CAUSE or file the aforementioned #2 Amended Notice in the appropriate manner on or before September 22, 2025. Failure to comply with this Order may result in remand of this action to state court or other appropriate sanctions without further notice. Signed by Judge Paul G. Byron on 9/15/2025. (JRI)
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| Filing 21 SECOND NOTICE TO COUNSEL Timothy H. David 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) (AR) |
| Filing 20 NOTICE of Lead Counsel Designation by Alan Emerson McMichael on behalf of Antonio Penaroque, Barbara Penaroque. Lead Counsel: Alan E, McMichael. (McMichael, Alan) |
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Filing 19
ENDORSED ORDER discharging #7 Order to show cause. Signed by Judge Paul G. Byron on 9/11/2025. (KM)
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| Filing 18 **COUNSEL NOTIFIED TO REFILE USING CORRECT EVENT** NOTICE by Allstate Fire and Casualty Insurance Company of Pendency of Other Actions (Rine, John) Modified on 9/11/2025 as to docket text (ARL). |
| Filing 17 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Allstate Fire and Casualty Insurance Company identifying Corporate Parent The Allstate Corporation for Allstate Fire and Casualty Insurance Company. (Rine, John) Modified on 9/11/2025 to edit docket text. (AR) |
| Filing 16 RESPONSE TO ORDER TO SHOW CAUSE re #7 Order to show cause filed by Allstate Fire and Casualty Insurance Company. (Rine, John) |
| Filing 15 NOTICE of Lead Counsel Designation by John Austin Rine on behalf of Allstate Fire and Casualty Insurance Company. Lead Counsel: John A. Rine. (Rine, John) |
| Filing 14 NOTICE TO COUNSEL Alan Emerson McMichael 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). (WLB) |
| Filing 13 SECOND 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). (WLB) |
| Filing 12 RESPONSE TO ORDER TO SHOW CAUSE filed by Antonio Penaroque, Barbara Penaroque. (McMichael, Alan) |
| Filing 11 NOTICE of a related action per Local Rule 1.07(c) by Antonio Penaroque, Barbara Penaroque. Related case(s): Yes (McMichael, Alan) Modified text on 9/9/2025 (KME). |
| Filing 10 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Antonio Penaroque, Barbara Penaroque. (McMichael, Alan) |
| Filing 9 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Antonio Penaroque, Barbara Penaroque. (McMichael, Alan) Modified text on 9/9/2025 (KME). |
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Filing 8
ENDORSED ORDER striking #2 Amended Notice of Removal of Civil Action. The aforementioned #2 Amended Notice was docketed incorrectly. Counsel was notified to refile the #2 Amended Notice, but as yet, has not done so. On or before September 12, 2025, Defendant shall refile the #2 Amended Notice and docket it in the appropriate manner. Signed by Judge Paul G. Byron on 9/5/2025. (JRI)
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Filing 7
ORDER to show cause as to Allstate Fire and Casualty Insurance Company, Antonio Penaroque, and Barbara Penaroque. Plaintiff and Defendant Allstate Fire and Casualty Insurance Company have failed to comply with the Court's Order of August 14, 2025 directing counsel to file a Notice of Pendency of Other Actions and a Certificate of Interested Persons. Therefore, it is ORDERED that Plaintiff and defendant Allstate Fire and Insurance Company 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 9/5/2025. (KM)
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Filing 6
INITIAL CASE ORDER re: Case Management and Deadlines. Signed by Judge Paul G. Byron on 8/14/2025. (KM)
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| Filing 5 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). (WLB) |
| Filing 4 NOTICE TO COUNSEL Timothy H. David 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). (RLD) |
| Filing 3 NEW CASE ASSIGNED to Judge Paul G. Byron and Magistrate Judge Leslie Hoffman Price. New case number: 6:25-cv-1543-PGB-LHP. (RLD) |
| Filing 2 AMENDED document by Allstate Fire and Casualty Insurance Company. Amendment to #1 Notice of Removal. (Attachments: #1 State Court COMPLAINT, #2 State Court ANSWER, #3 State Court Docket Sheet, #4 State Court Other Documents, #5 Civil Cover Sheet)(Rine, John) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from the Ninth Judicial Circuit, Orange County, case number 2023-CA-011144-O filed in State Court on 3/21/2023. Filing fee $405, receipt number AFLMDC-23730110 filed by Allstate Fire and Casualty Insurance Company. (Attachments: #1 State Court COMPLAINT, #2 State Court ANSWER, #3 State Court Docket Sheet, #4 State Court Other Documents, #5 Civil Cover Sheet)(Rine, John) |
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