Matthews v. James River Insurance Company
| Patricia Matthews |
| James River Insurance Company |
| Peter J. Grilli |
| 8:2019cv02880 |
| November 21, 2019 |
| US District Court for the Middle District of Florida |
| Virginia M Hernandez Covington |
| Christopher P Tuite |
| Motor Vehicle |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 15, 2020. A more recent docket listing may be available from PACER.
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Filing 21
ORDER appointing Peter J. Grilli, Esq. as mediator in this action. The mediation conference is scheduled for April 9, 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 1/15/2020. (SGM)
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| Filing 20 NOTICE of mediation conference/hearing to be held on Thursday, April 9, 2020 at 9:30 a.m. (Half Day) before Peter J. Grilli, Esq.(Grilli, Peter) |
| Filing 19 NOTICE of mediation conference/hearing to be held on April 9, 2020 9:00am before Peter Grilli. (Singha, Chafica) |
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Filing 18
ENDORSED ORDER: On December 19, 2019, the Court entered its Case Management and Scheduling Order, directing Lead Counsel to file a Notice of Mediation within 21 days, or by January 9, 2020. (Doc. #15). A review of the docket reveals that no Notice has been filed. Accordingly, Lead Counsel is directed to file a Notice of Mediation, indicating the date, time, and location of the mediation conference, by January 15, 2020. Signed by Judge Virginia M. Hernandez Covington on 1/10/2020. (SGM)
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Filing 17
ORDER regarding motions for summary judgment. See Order for details. Signed by Judge Virginia M. Hernandez Covington on 12/26/2019. (TWL)
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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 12/26/2019. (TWL)
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Filing 15
CASE MANAGEMENT AND SCHEDULING ORDER: Final Pretrial Conference set for 11/12/2020 at 09:00 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 7/15/2020. Lead counsel to coordinate dates. Signed by Judge Virginia M. Hernandez Covington on 12/19/2019. (TWL)
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| Filing 14 CASE MANAGEMENT REPORT. (Baumberger, Peter) |
| Filing 13 NOTICE by Patricia Matthews Interested Persons (Singha, Chafica) |
| Filing 12 NOTICE of pendency of related cases per Local Rule 1.04(d) by Patricia Matthews. Related case(s): no (Singha, Chafica) |
| Filing 11 NOTICE of pendency of related cases re #7 Related case order and track 2 notice per Local Rule 1.04(d) by James River Insurance Company. Related case(s): No (Baumberger, Peter) |
| Filing 10 CERTIFICATE of interested persons and corporate disclosure statement by James River Insurance Company identifying Corporate Parent James River Group Holdings, Ltd. for James River Insurance Company. (Baumberger, Peter) |
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Filing 9
ENDORSED ORDER: Counsel are directed to meet and confer, in person or by telephone, and by December 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 12/9/2019. (SGM)
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| Filing 8 NOTICE of supplemental authority in support of defendant's notice of removal by James River Insurance Company. (Attachments: #1 Exhibit plaintiff's demand letter 1, #2 Exhibit plaintiff's demand letter 2, #3 Exhibit plaintiff's demand letter 3)(Baumberger, Peter) |
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Filing 7
RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Signed by Judge Virginia M. Hernandez Covington on 11/26/2019. (TWL)
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| Filing 6 NOTICE by James River Insurance Company of Civil Cover Sheet. (Baumberger, Peter) |
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Filing 5
ENDORSED ORDER: On November 21, 2019, Defendant James River Insurance Company removed this case from state court on the basis of diversity jurisdiction. (Doc. #1). The Complaint does not specify the amount of damages sought, and when "damages are unspecified, the removing party bears the burden of establishing the jurisdictional amount by a preponderance of the evidence." Lowery v. Ala. Power Co., 483 F.3d 1184, 1208 (11th Cir. 2007). James River relies in part on a pre-suit demand letter demanding $1 million to establish that the amount in controversy exceeds the $75,000 jurisdictional threshold. But demand letters do not automatically establish the amount in controversy. Lamb v. State Farm Fire Mut. Auto. Ins. Co., No. 3:10-cv-615-J-32JRK, 2010 WL 6790539, at *2 (M.D. Fla. Nov. 5, 2010)(stating that demand letters and settlement offers "do not automatically establish the amount in controversy for purposes of diversity jurisdiction"). Rather, courts evaluate whether demand letters "reflect puffing and posturing" or "whether they provide 'specific information to support the plaintiff's claim for damages.'" Lamb, 2010 WL 6790539, at *2 (quoting Jackson v. Select Portfolio Servicing, Inc., 651 F. Supp. 2d 1279, 1281 (S.D. Ala. 2009)). Here, James River has not actually provided a copy of the demand letter or a detailed description of its contents in the notice of removal. Without more, the record does not show by a preponderance of the evidence that the amount in controversy exceeds $75,000. Accordingly, James River is directed to provide additional information establishing, if possible, that the amount in controversy requirement has been met by December 3, 2019. Signed by Judge Virginia M. Hernandez Covington on 11/22/2019. (SGM)
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| Filing 4 NOTICE to counsel Peter S. Baumberger & Raquel L. Loret De Mola of Local Rule 1.05(e), which states - The Clerk is authorized and directed to require a complete and executed AO Form JS44, Civil Cover Sheet, which shall accompany each civil case as a condition to the filing thereof. State and federal prisoners, and other persons filing civil cases pro se are exempt from the requirements of this subsection. File a completed Civil Cover Sheet using the event Notice (Other) (Signed by Deputy Clerk). (WCD) |
| Filing 3 NEW CASE ASSIGNED to Judge Virginia M. Hernandez Covington and Magistrate Judge Christopher P. Tuite. New case number: 8:19-cv-2880-T-33CPT. (SJB) |
| Filing 2 ANSWER and affirmative defenses to Complaint with Jury Demand by James River Insurance Company.(Baumberger, Peter) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from Hillsborough County, case number 19-CA-11006 DIV I filed in State Court on 10/25/2019. Filing fee $ 400, receipt number 113A-16174188 filed by James River Insurance Company. (Attachments: #1 State Court COMPLAINT Summons and Complaint)(Baumberger, Peter) Modified on 11/22/2019 (WCD). |
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