Spears v. United Services Automobile Association
Plaintiff: Alicia Spears
Defendant: United Services Automobile Association
Case Number: 8:2018cv02698
Filed: November 2, 2018
Court: US District Court for the Middle District of Florida
Presiding Judge: Sean P Flynn
Referring Judge: William F Jung
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on March 15, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 15, 2019 Filing 29 NOTICE to counsel of filing of OFFICIAL TRANSCRIPT. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal. Court Reporter: Nikki L. Peters. (NLP)
March 15, 2019 Filing 28 TRANSCRIPT of Motion Hearing held on December 14, 2018 before Judge William F. Jung. Court Reporter/Transcriber Nikki Peters,Telephone number 813-301-5448. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter. Redaction Request due 4/5/2019, Redacted Transcript Deadline set for 4/15/2019, Release of Transcript Restriction set for 6/13/2019. (NLP)
January 2, 2019 Opinion or Order Filing 27 ENDORSED ORDER: Upon due consideration of the #25 Notice of Voluntary Dismissal, this case is dismissed. The Clerk is directed to terminate any pending motions/deadlines and to close the case. Signed by Judge William F. Jung on 1/2/2019. (CCB)
January 2, 2019 Opinion or Order Filing 26 ENDORSED ORDER denying as moot #8 motion to dismiss. Signed by Judge William F. Jung on 1/2/2019. (Jung, William)
December 15, 2018 Filing 25 NOTICE of voluntary dismissal by Alicia Spears (Jeeves, Scott)
December 14, 2018 Opinion or Order Filing 24 ENDORSED ORDER: The #8 Motion to Dismiss will be granted by separate order, without prejudice. Plaintiff may file an amended complaint no later than thirty (30) days from the date of the Order. Signed by Judge William F. Jung on 12/14/2018. (SAO)
December 14, 2018 Filing 23 Minute Entry. Proceedings held before Judge William F. Jung: MOTION HEARING held on 12/14/2018 re #8 MOTION to Dismiss Class Action Complaint and Compel Appraisal filed by United Services Automobile Association. Court Reporter: Nikki L. Peters (SAO)
December 14, 2018 ***PRO HAC VICE FEES paid by attorney Martina T. Ellerbe, appearing on behalf of United Services Automobile Association (Filing fee $150 receipt number TPA054512.) Related document: #21 Unopposed MOTION for Martina Theresa Ellerbe to appear pro hac vice. (JCG)
December 13, 2018 Opinion or Order Filing 22 ENDORSED ORDER granting #21 motion to appear pro hac vice. Attorney Martina Theresa Ellerbe may appear pro hac vice on behalf of Defendant, with Attorney Michael S. Vitale designated as local counsel pursuant to Local Rule 2.02(a). Within twenty-one (21) days of the date of this Order, counsel shall comply with the fee and electronic filing requirements and file a notice of compliance with said requirements. Signed by Magistrate Judge Sean P. Flynn on 12/13/2018. (CKR)
December 13, 2018 Filing 21 Unopposed MOTION for Martina Theresa Ellerbe to appear pro hac vice by United Services Automobile Association. (Vitale, Michael) Motions referred to Magistrate Judge Sean P. Flynn.
December 11, 2018 Opinion or Order Filing 20 ENDORSED ORDER NOTATING FILE: In Veal v. Crown Auto, a class action case, No. 8:04cv323, the undersigned represented the plaintiff Veal; and two of the current plaintiff's law firms. The representation was brief and for a limited purpose, spanning from Dkt. 159 to Dkt. 249. CMECF shows that the undersigned made 200+ appearances as private counsel in sundry cases. This was one that the Court felt it should note for the record. Signed by Judge William F. Jung on 12/11/2018. (Jung, William)
December 7, 2018 Filing 19 RESPONSE in Opposition re #8 MOTION to Dismiss Class Action Complaint and Compel Appraisal filed by Alicia Spears. (Jeeves, Scott)
November 28, 2018 Opinion or Order Filing 18 ENDORSED ORDER denying with leave to refile #17 motion to appear pro hac vice for failure to comply with Local Rule 2.02(a), which requires that the non-resident attorney be a member in good standing of the bar of any District Court of the United States, outside the State of Florida. Signed by Magistrate Judge Sean P. Flynn on 11/28/2018. (CKR)
November 28, 2018 Filing 17 Unopposed MOTION for Martina Theresa Ellerbe to appear pro hac vice by United Services Automobile Association. (Eckelberry, Rodger) Motions referred to Magistrate Judge Sean P. Flynn.
November 20, 2018 Filing 16 CERTIFICATE of interested persons and corporate disclosure statement re #7 Related case order and track 2 notice by Alicia Spears. (Rothburd, Craig)
November 20, 2018 Filing 15 NOTICE of pendency of related cases re #7 Related case order and track 2 notice per Local Rule 1.04(d) by Alicia Spears. Related case(s): y (Rothburd, Craig)
November 19, 2018 Filing 14 NOTICE of pendency of related cases per Local Rule 1.04(d) by United Services Automobile Association. Related case(s): yes (Eckelberry, Rodger)
November 19, 2018 Filing 13 CERTIFICATE of interested persons and corporate disclosure statement re #7 Related case order and track 2 notice by United Services Automobile Association identifying Corporate Parent United Services Automobile Association, Other Affiliate USAA Casualty Insurance Company, Other Affiliate USAA General Indemnity Company, Other Affiliate Garrison Property and Casualty Company for United Services Automobile Association. (Eckelberry, Rodger)
November 14, 2018 Filing 12 NOTICE of HEARING on motion re #8 MOTION to Dismiss Class Action Complaint and Compel Appraisal . Motion Hearing set for 12/14/2018 at 9:00 AM for forty (40) minutes in Tampa Courtroom 15 B before Judge William F. Jung. (CCB)
November 13, 2018 Opinion or Order Filing 11 ENDORSED ORDER granting #10 Motion for Extension of Time to File Response/Reply. Signed by Magistrate Judge Sean P. Flynn on 11/13/2018. (Flynn, Sean)
November 13, 2018 Filing 10 Unopposed MOTION for Extension of Time to File Response/Reply as to #8 MOTION to Dismiss Class Action Complaint and Compel Appraisal by Alicia Spears. (Rothburd, Craig) Motions referred to Magistrate Judge Sean P. Flynn.
November 9, 2018 Filing 9 NOTICE of Appearance by Craig E. Rothburd on behalf of Alicia Spears (Rothburd, Craig)
November 7, 2018 Filing 8 MOTION to Dismiss Class Action Complaint and Compel Appraisal by United Services Automobile Association. (Attachments: #1 Exhibit A-Certified Policy Michael Spears, #2 Exhibit B-Appraisal Demand)(Eckelberry, Rodger)
November 7, 2018 ***PRO HAC VICE FEES paid United Services Automobile Association (Filing fee $150 receipt number TPA054040.) Related document: #2 Unopposed MOTION for Roger L. Eckelberry to appear pro hac vice. (ARC)
November 7, 2018 ***PRO HAC VICE FEES paid United Services Automobile Association (Filing fee $150 receipt number TPA054040.) Related document: #4 Unopposed MOTION for Erika Dackin Prouty to appear pro hac vice. (ARC)
November 5, 2018 Opinion or Order Filing 7 RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Signed by Judge William F. Jung on 11/5/2018. (SAO)
November 5, 2018 Opinion or Order Filing 6 ENDORSED ORDER granting #4 motion to appear pro hac vice. Attorney Erika Dackin Prouty may appear pro hac vice on behalf of Defendant, with Attorney Michael S. Vitale designated as local counsel pursuant to Local Rule 2.02(a). Within twenty-one (21) days of the date of this Order, counsel shall comply with the fee and electronic filing requirements and file a notice of compliance with said requirements. Signed by Magistrate Judge Sean P. Flynn on 11/5/2018. (CKR)
November 5, 2018 Opinion or Order Filing 5 ENDORSED ORDER granting #2 motion to appear pro hac vice. Attorney Rodger L. Eckelberry may appear pro hac vice on behalf of Defendant, with Attorney Michael S. Vitale designated as local counsel pursuant to Local Rule 2.02(a). Within twenty-one (21) days of the date of this Order, counsel shall comply with the fee and electronic filing requirements and file a notice of compliance with said requirements. Signed by Magistrate Judge Sean P. Flynn on 11/5/2018. (CKR)
November 2, 2018 Filing 4 Unopposed MOTION for Erika Dackin Prouty to appear pro hac vice by United Services Automobile Association. (Attachments: # 1 Exhibit Certification)(Vitale, Michael) Motions referred to Magistrate Judge Sean P. Flynn. Image for Attachment 1 should not have been filed on ECF and is deleted on 11/5/2018 (KMM).
November 2, 2018 Filing 3 NEW CASE ASSIGNED to Judge William F. Jung and Magistrate Judge Sean P. Flynn. New case number: 8:18-cv-2698-T-02SPF. (NAS)
November 2, 2018 Filing 2 Unopposed MOTION for Roger L. Eckelberry to appear pro hac vice by United Services Automobile Association. (Attachments: # 1 Exhibit Certification)(Vitale, Michael) Image for Attachment 1 should not have been filed on ECF and is deleted on 11/5/2018 (KMM).
November 2, 2018 Filing 1 NOTICE OF REMOVAL from Circuit Court of the Thirteenth Judicial Circuit, case number 18-CA-009594 filed in State Court on 10/01/2018. Filing fee $ 400, receipt number 113A-14782839 filed by United Services Automobile Association. (Attachments: #1 Exhibit Complaint, #2 Exhibit Declaration of Robert Lopez, #3 Exhibit Docket Sheet, #4 Exhibit All documents served on Defendant, #5 Civil Cover Sheet)(Vitale, Michael)

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Plaintiff: Alicia Spears
Represented By: Scott R. Jeeves
Represented By: Craig E. Rothburd
Represented By: Casim Adam Neff
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Defendant: United Services Automobile Association
Represented By: Michael S. Vitale
Represented By: Rodger L. Eckelberry
Represented By: Martina Theresa Ellerbe
Represented By: Erika Dackin Prouty
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