NBIS Construction & Transport Insurance Services, Inc. v. Liebherr-America, Inc.
Plaintiff: NBIS Construction & Transport Insurance Services, Inc., a/s/o Sims Crane & Equipment Company and NBIS Construction & Transport Insurance Services, Inc.
Defendant: Liebherr-America, Inc.
Not Yet Classified: Peter J. Grilli and James Betts
Case Number: 8:2019cv02777
Filed: November 8, 2019
Court: US District Court for the Middle District of Florida
Presiding Judge: Virginia M Hernandez Covington
Referring Judge: Amanda Arnold Sansone
Nature of Suit: Prop. Damage Prod. Liability
Cause of Action: 28:1446pl
Jury Demanded By: Both
Docket Report

This docket was last retrieved on December 30, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 30, 2019 Opinion or Order Filing 23 ORDER: Plaintiff NBIS Construction and Transport Insurance Services, Inc.'s Motion to Strike Affirmative Defenses, or in the Alternative, Reply (Doc. #18) is DENIED. Signed by Judge Virginia M. Hernandez Covington on 12/30/2019. (SGM)
December 20, 2019 Opinion or Order Filing 22 ORDER appointing James Betts, Esq. as mediator in this action. The mediation conference is scheduled for May 12, 2020, at 9:30 AM. The Court directs that all counsel, parties, corporate representatives, and any other required claims professionals shall be present at the mediation conference with full authority to negotiate a settlement. The Court does not allow mediation by telephone or video conference. Personal attendance is required. See Local Rule 9.05(c). Signed by Judge Virginia M. Hernandez Covington on 12/20/2019. (SGM)
December 19, 2019 Filing 21 MEMORANDUM in opposition re #18 Motion to Strike Defendant Liebherr USA Co.'s Response Memorandum in Opposition to Plaintiff's Motion to Strike Affirmative Defenses filed by Liebherr-America, Inc. (Pender, Thomas)
December 18, 2019 Filing 20 AMENDED NOTICE of mediation conference/hearing to be held on May 12, 2020 at 9:30 a.m. before Jim Betts. (Goodman, Joshua)
December 18, 2019 Filing 19 NOTICE of mediation conference/hearing to be held on May 12, 2020 at 9:00 a.m. before Jim Betts. (Goodman, Joshua)
December 5, 2019 Filing 18 MOTION to Strike #6 Answer to Complaint Affirmative Defenses, or In The Alternative, Reply by NBIS Construction & Transport Insurance Services, Inc. (Goodman, Joshua)
November 27, 2019 Opinion or Order Filing 17 ORDER regarding motions for summary judgment. See Order for details. Signed by Judge Virginia M. Hernandez Covington on 11/27/2019. (TWL)
November 27, 2019 Opinion or Order Filing 16 ENDORSED ORDER: In light of the Court's Case Management and Scheduling Order (Doc. #15), no case management hearing will be held. Additionally, in order to keep cases moving on track, the Court has found it necessary to impose some restrictions on the types and number of extensions to case management deadlines that it grants. Thus, the parties are advised that, while short extensions, especially if unopposed, will be favorably considered, the Court will not substantially move the dispositive motions deadline or the trial date. Signed by Judge Virginia M. Hernandez Covington on 11/27/2019. (TWL)
November 27, 2019 Opinion or Order Filing 15 CASE MANAGEMENT AND SCHEDULING ORDER: Final Pretrial Conference set for 11/12/2020 at 9:00 AM in Tampa Courtroom 14 B before Judge Virginia M. Hernandez Covington, Jury Trial set for the December 2020 trial term in Tampa Courtroom 14 B before Judge Virginia M. Hernandez Covington, Conduct mediation hearing by 7/9/2020. Lead counsel to coordinate dates. Signed by Judge Virginia M. Hernandez Covington on 11/27/2019. (TWL)
November 26, 2019 Filing 14 CASE MANAGEMENT REPORT. (Horowitz, Matthew) ITEM TO BE REFILED WITH ELECTRONIC SIGNATURE FOR BOTH PLAINTIFF'S AND DEFENDANT'S COUNSEL. Modified on 11/27/2019 (DG).
November 26, 2019 Filing 13 CERTIFICATE of interested persons and corporate disclosure statement by Liebherr-America, Inc. identifying Corporate Parent Liebherr-America, Inc., Corporate Parent Liebherr-Werk Ehingen GmbH, Corporate Parent Liebherr-Mining Equipment SAS, Other Affiliate Liebherr USA Co. for Liebherr-America, Inc... (Forte, Michael)
November 26, 2019 Filing 12 CERTIFICATE of interested persons and corporate disclosure statement by NBIS Construction & Transport Insurance Services, Inc. identifying Corporate Parent NationsBuilders Insurance Services, Inc., Other Affiliate NationsBuilders Insurance Co., Inc. for NBIS Construction & Transport Insurance Services, Inc... (Horowitz, Matthew)
November 25, 2019 Opinion or Order Filing 11 ENDORSED ORDER granting #10 motion to appear pro hac vice. Attorneys Thomas R. Pender and William J. Cremer may appear pro hac vice, subject to the requirement that counsel comply with the email registration requirements of Local Rule 2.01(d), M.D. Fla., within 14 days of the date of this order. Signed by Magistrate Judge Amanda Arnold Sansone on 11/25/2019. (MLM)
November 25, 2019 ***PRO HAC VICE FEES paid by attorney William J. Cremer, appearing on behalf of Liebherr-America, Inc. (Filing fee $150 receipt number TPA059056.) Related document: #10 Unopposed MOTION for Thomas R. Pender and William J. Cremer to appear pro hac vice. (MCB)
November 25, 2019 ***PRO HAC VICE FEES paid by attorney Thomas R. Pender, appearing on behalf of Liebherr-America, Inc. (Filing fee $150 receipt number TPA059057.) Related document: #10 Unopposed MOTION for Thomas R. Pender and William J. Cremer to appear pro hac vice. (MCB)
November 25, 2019 Filing 10 Unopposed MOTION for Thomas R. Pender and William J. Cremer to appear pro hac vice by Liebherr-America, Inc. (Forte, Michael) Motions referred to Magistrate Judge Amanda Arnold Sansone.
November 22, 2019 Filing 9 Written designation and consent to act by Michael L. Forte on behalf of Liebherr-America, Inc. Local Counsel: Michael L. Forte. Non-Resident Counsel: Thomas R. Pender and William J. Cremer. (Forte, Michael)
November 21, 2019 Filing 8 NOTICE of pendency of related cases re #5 Related case order and track 2 notice per Local Rule 1.04(d) by NBIS Construction & Transport Insurance Services, Inc. Related case(s): YES (Horowitz, Matthew)
November 14, 2019 Filing 7 NOTICE of Appearance by Matthew N. Horowitz on behalf of NBIS Construction & Transport Insurance Services, Inc. (Horowitz, Matthew)
November 14, 2019 Filing 6 Liebherr-America, Inc.'s ANSWER and affirmative defenses to Complaint with Jury Demand by Liebherr-America, Inc.(Forte, Michael)
November 12, 2019 Opinion or Order Filing 5 RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Signed by Judge Virginia M. Hernandez Covington on 11/12/2019. (TWL)
November 12, 2019 Filing 4 NOTICE to counsel William J. Cremer & Thomas R. Pender of Local Rule 2.02, Special Admission to Practice - Pay the $150.00 Special Admission Fee; Local counsel must electronically file a Motion to appear Pro Hac Vice on behalf of the non-resident attorney (Signed by Deputy Clerk). (WCD)
November 12, 2019 Opinion or Order Filing 3 ENDORSED ORDER: Counsel are directed to meet and confer, in person or by telephone, and by November 29, 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 11/12/2019. (SGM)
November 8, 2019 Filing 2 NEW CASE ASSIGNED to Judge Virginia M. Hernandez Covington and Magistrate Judge Amanda Arnold Sansone. New case number: 8:19-cv-2777. (LRB)
November 8, 2019 Filing 1 COMPLAINT and NOTICE OF REMOVAL from Hillsborough County, case number 19-CA-010166 filed in State Court on 10/3/2019. Filing fee $ 400, receipt number 113A-16126336 filed by Liebherr-America, Inc. (Attachments: #1 State Court COMPLAINT Exhibit A, #2 State Court Docket Sheet Exhibit B, #3 State Court Other Documents Exhibit B Civil Cover Sheet, #4 State Court Other Documents Exhibit B Pleadings, #5 Exhibit Exhibit C, #6 Exhibit Exhibit D, #7 Exhibit Exhibit E, #8 State Court Other Documents Notice of Filing Notice of Removal, #9 Civil Cover Sheet Federal Civil Cover Sheet)(Forte, Michael) Modified on 11/12/2019 (WCD). Modified on 11/12/2019 (WCD).

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Plaintiff: NBIS Construction & Transport Insurance Services, Inc., a/s/o Sims Crane & Equipment Company
Represented By: Joshua Ross Goodman
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Plaintiff: NBIS Construction & Transport Insurance Services, Inc.
Represented By: Joshua Ross Goodman
Represented By: Matthew N. Horowitz
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Defendant: Liebherr-America, Inc.
Represented By: Michael L. Forte
Represented By: William J. Cremer
Represented By: Thomas R. Pender
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Not yet classified: Peter J. Grilli
Represented By: Peter John Grilli
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Not yet classified: James Betts
Represented By: James Robert Betts
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