Progressive Express Insurance Company v. Candelas et al
| Progressive Express Insurance Company |
| Carlos Candelas, Luis Armando Rivera and Jose Enrique Ramos Candelas |
| 8:2019cv01957 |
| August 8, 2019 |
| US District Court for the Middle District of Florida |
| Virginia M Hernandez Covington |
| Anthony E Porcelli |
| Insurance |
| 28 U.S.C. § 2201 |
| None |
Docket Report
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Filing 19
ENDORSED ORDER: On September 12, 2019, the Clerk of the Court entered default against all three Defendants. (Doc. # #16, #17, #18). Local Rule 1.07(b), M.D. Fla., states: "When service of process has been effected but no appearance or response is made within the time and manner provided by Rule 12, Fed. R. Civ. P., the party effecting service shall promptly apply to the Clerk for entry of default pursuant to Rule 55(a), Fed. R. Civ. P., and shall then proceed without delay to apply for a judgment pursuant to Rule 55(b), Fed. R. Civ. P., failing which the case shall be subject to dismissal sixty (60) days after such service without notice and without prejudice." The Court advises Progressive Express Insurance Company that it should proceed without delay in seeking a default judgment in an effort to bring this matter toward its final resolution. Signed by Judge Virginia M. Hernandez Covington on 9/25/2019. (DMD)
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| Filing 18 Clerk's ENTRY OF DEFAULT as to Jose Enrique Ramos Candelas (BES) |
| Filing 17 Clerk's ENTRY OF DEFAULT as to Luis Armando Rivera (BES) |
| Filing 16 Clerk's ENTRY OF DEFAULT as to Carlos Candelas (BES) |
| Filing 15 MOTION for entry of clerk's default against Jose Enrique Ramos Candelas by Progressive Express Insurance Company. (Attachments: #1 Affidavit)(Freeman, Stuart) Motions referred to Magistrate Judge Anthony E. Porcelli. |
| Filing 14 MOTION for entry of clerk's default against Luis Armando Rivera by Progressive Express Insurance Company. (Attachments: #1 Appendix)(Freeman, Stuart) Motions referred to Magistrate Judge Anthony E. Porcelli. |
| Filing 13 MOTION for entry of clerk's default against Carlos Candelas by Progressive Express Insurance Company. (Attachments: #1 Affidavit)(Freeman, Stuart) Motions referred to Magistrate Judge Anthony E. Porcelli. |
| Filing 12 RESPONSE TO ORDER TO SHOW CAUSE re 11 Order filed by Progressive Express Insurance Company. (Freeman, Stuart) |
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Filing 11
ENDORSED ORDER: On August 15, 2019, Plaintiff served Defendants Carlos Candelas and Luis Armando Rivera. (Doc. # #6, #8). Thus, these Defendants' answers were due on September 5, 2019. On August 19, 2019, Plaintiff served Defendant Jose Enrique Ramos Candelas. (Doc. #7). Thus, his answer was due on September 9, 2019. Those dates have passed but no Defendant has filed an answer. And Plaintiff has not promptly applied to the Clerk for entry of default pursuant to Local Rule 1.07(b). Accordingly, Plaintiff is directed to show cause by September 17, 2019, why this action should not be dismissed for failure to prosecute pursuant to Local Rule 3.10(a). Signed by Judge Virginia M. Hernandez Covington on 9/10/2019. (DMD)
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| Filing 10 NOTICE of pendency of related cases re #4 Related case order and track 2 notice per Local Rule 1.04(d) by Progressive Express Insurance Company. Related case(s): NO (Freeman, Stuart) |
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Filing 9
ENDORSED ORDER: Counsel are directed to meet and confer, in person or by telephone, and by September 23, 2019, file a completed Case Management Report. This document can be found on Judge Covington's page of the Court's website at www.flmd.uscourts.gov. Please be advised that the Court's Case Management Report form is different from those used by other judges. Local Rule 3.05(c)(2)(E), M.D. Fla., explains that most track two cases, like the present case, "will be tried within one year after the filing of the complaint." To accomplish this goal, the Court believes that six to eight months is a sufficient period of time to conduct discovery. If the parties believe that more time than eight months will be needed to complete discovery, the parties should provide the Court with a detailed explanation as to why additional time is needed and a timeline for the discovery that is planned. The Court will then determine whether a Case Management Hearing is necessary before entry of a Case Management and Scheduling Order. Signed by Judge Virginia M. Hernandez Covington on 8/21/2019. (DMD)
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| Filing 8 RETURN of service executed on 8/15/19 by Progressive Express Insurance Company as to Luis Armando Rivera. (Freeman, Stuart) |
| Filing 7 RETURN of service executed on 8/19/19 by Progressive Express Insurance Company as to Jose Enrique Ramos Candelas. (Freeman, Stuart) |
| Filing 6 RETURN of service executed on 8/15/19 by Progressive Express Insurance Company as to Carlos Candelas. (Freeman, Stuart) |
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Filing 5
ORDER: Plaintiff is directed to effect service of process as required by Rule 4, Fed. R. Civ. P., and file proof thereof with the Court as soon as service has been effected. See Order for details. Signed by Judge Virginia M. Hernandez Covington on 8/20/2019. (TWL)
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Filing 4
RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Signed by Judge Virginia M. Hernandez Covington on 8/20/2019. (TWL)
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| Filing 3 SUMMONS issued as to Carlos Candelas, Jose Enrique Ramos Candelas, Luis Armando Rivera. (BES) |
| Filing 2 NEW CASE ASSIGNED to Judge Virginia M. Hernandez Covington and Magistrate Judge Anthony E. Porcelli. New case number: 8:19-cv-1957-T-33AEP. (SJB) |
| Filing 1 COMPLAINT FOR DECLARATORY JUDGMENT against All Defendants (Filing fee $ 400 receipt number 113A-15780382) filed by Progressive Express Insurance Company. (Attachments: #1 Exhibit Ex A to Complaint, #2 Civil Cover Sheet Civil Cover Sheet, #3 Proposed Summons Summons, #4 Proposed Summons Summons, #5 Proposed Summons Summons)(Freeman, Stuart) |
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