Ruby v. United Services Automobile Association et al
| Brian Ruby |
| CCC Information Services, Inc. and United Services Automobile Association |
| 8:2019cv02922 |
| November 26, 2019 |
| US District Court for the Middle District of Florida |
| Anthony E Porcelli |
| Mary S Scriven |
| Other Statutory Actions |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 11, 2020. A more recent docket listing may be available from PACER.
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| Filing 56 NOTICE by CCC Information Services, Inc., United Services Automobile Association Joint Notice of Plaintiff Brian Ruby, Defendant United Services Automobile Association, and Defendant CCC Information Services, Inc. (Eckelberry, Rodger) |
Filing 55
ORDER STAYING the case pending arbitration between Plaintiff and USAA in light of #40 the Parties' Joint Status Report. The Clerk is DIRECTED to ADMINISTRATIVELY CLOSE this case. The Parties shall have fourteen (14) days after the completion of arbitration to file a notice or appropriate motion advising the Court how and whether this case should proceed. See Order for details. Signed by Judge Mary S. Scriven on 8/27/2020. (GMD)
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| Filing 54 STATUS report Joint by Brian Ruby. (Waller, Jonathan) |
| Filing 53 Minute Entry. Proceedings held before Magistrate Judge Anthony E. Porcelli: SCHEDULING CONFERENCE held on 8/3/2020. Court Reporter: Bill Jones (LV) |
| Filing 52 NOTICE of Zoom hearing: Scheduling Conference set for 8/3/2020 at 10:00 AM in Tampa Courtroom 10 A before Magistrate Judge Anthony E. Porcelli via Zoom. A Zoom hearing notice will be sent separately. (REE) |
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Filing 51
ENDORSED ORDER GRANTING #49 the Parties' Joint Motion for Rule 16(a) Pretrial Conference. The conference will be held before Magistrate Judge Porcelli and will be scheduled by separate Order based on his Honor's availability. Signed by Judge Mary S. Scriven on 7/22/2020. (GMD)
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Filing 50
ORDER GRANTING IN PART and DENYING IN PART #26 United Services Automobile Association's Motion to Compel Appraisal and Dismiss the Complaint; GRANTING IN PART and DENYING IN PART #27 CCC Information Services, Inc.'s Motion to Compel Appraisal and Dismiss the Complaint; DENYING #28 CCC Information Services, Inc.'s Motion to Stay Discovery; GRANTING #29 United Services Automobile Association's Motion to Stay Discovery. See Order for details. Signed by Judge Mary S. Scriven on 7/22/2020. (GMD)
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| Filing 49 Joint MOTION for Miscellaneous Relief, specifically for Rule 16(a) Pretrial Conference by CCC Information Services, Inc.. (Chipev, George) |
| Filing 48 CASE MANAGEMENT REPORT. (Chipev, George) |
| Filing 47 NOTICE of supplemental authority Defendant United Services Automobile Association's Notice of Supplemental Authority by United Services Automobile Association. (Attachments: #1 Exhibit Exhibit A)(Eckelberry, Rodger) |
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Filing 46
ORDER Concerning Civil Cases: Case Management and Scheduling Orders. Signed by Judge Mary S. Scriven on 5/19/2020. (KE)
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Filing 45
ORDER concerning Jury Trials and Other Proceedings in re: Coronavirus Public Emergency. Signed by Judge Mary S. Scriven on 3/19/2020. (SMS)
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| Filing 44 NOTICE of supplemental authority re #26 MOTION to Compel Appraisal Defendant United Services Automobile Association's Motion to Compel Appraisal and Dismiss the Complaint, #27 MOTION to Compel Appraisal and to Dismiss the Complaint Defendants United Services Automobile Association and CCC Information Services, Inc.'s Notice of Supplemental Authority by CCC Information Services, Inc., United Services Automobile Association. (Attachments: #1 Exhibit Exhibit A - Supplemental Authority)(Eckelberry, Rodger) |
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Filing 43
ENDORSED ORDER DENYING #41 Defendant United Services Automobile Association's Motion for Leave to File Reply Memorandum to Plaintiffs' Response in Opposition to Defendants' Motion to Compel Appraisal and Dismiss the Complaint; DENYING #42 Defendant CCC Information Services, Inc.'s Unopposed Motion for Leave to File Reply Memorandum to Plaintiff's Response in Opposition to Defendants' Motions to Compel Appraisal and Dismiss the Complaint. Should the Court require additional briefing regarding this matter, it will advise the Parties. Signed by Judge Mary S. Scriven on 3/11/2020. (GMD)
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| Filing 42 Unopposed MOTION for Miscellaneous Relief, specifically Leave to File Reply Memorandum to Plaintiff's Response in Opposition to Defendants' Motions to Compel Appraisal and Dismiss the Complaint by CCC Information Services, Inc.. (Chipev, George) |
| Filing 41 MOTION for Leave to File Other Document :Defendants' Motion for Leave to File Reply Memorandum to Plaintiffs' Response in Opposition to Defendants' Motion to Compel Appraisal and Dismiss the Complaint by United Services Automobile Association. (Drocton, Mathew) |
| Filing 40 RESPONSE in Opposition re #28 MOTION to stay discovery Pending Resolution of Motion to Dismiss and Compel Appraisal and if Appraisal is Granted, #26 MOTION to Compel Appraisal Defendant United Services Automobile Association's Motion to Compel Appraisal and Dismiss the Complaint, #27 MOTION to Compel Appraisal and to Dismiss the Complaint filed by Brian Ruby. (Yanchunis, John) |
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Filing 39
ENDORSED ORDER granting #38 Motion to Appear Telephonically. The parties may appear telephonically at the conference. Signed by Magistrate Judge Anthony E. Porcelli on 2/18/2020. (REE)
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| Filing 38 Unopposed MOTION to appear telephonically at R 26(f) CMC by All Plaintiffs. (Yanchunis, John) Motions referred to Magistrate Judge Anthony E. Porcelli. |
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Filing 37
ENDORSED ORDER GRANTING #36 Plaintiff's Unopposed Motion to Suspend or Stay Deadline for Filing Motion for Class Certification. Plaintiff is hereby relieved of the deadline set by Local Rule 4.04(b) for filing a Motion for Class Certification. A new deadline for filing the Motion for Class Certification will be set by the Court's forthcoming Case Management and Scheduling Order. Signed by Judge Mary S. Scriven on 2/14/2020. (GMD)
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| Filing 36 Unopposed MOTION to extend time to file motion for class certification and memorandum of law by All Plaintiffs. (McGee, Ryan) Motions referred to Magistrate Judge Anthony E. Porcelli. |
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Filing 35
ENDORSED ORDER GRANTING #34 Plaintiff's Unopposed Motion for Enlargement of Time to Submit Responses to Defendant United Services Automobile Association's and CCC Information Services, Inc.'s Motions to Compel Appraisal and Dismiss the Complaint and Motions to Stay Discovery. Plaintiff shall have up to and including March 5, 2020 to file an answer or otherwise respond to the Defendants' Motions. Signed by Judge Mary S. Scriven on 2/4/2020. (GMD)
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| Filing 34 Unopposed MOTION for Extension of Time to File Response/Reply as to #29 MOTION to stay discovery , #28 MOTION to stay discovery Pending Resolution of Motion to Dismiss and Compel Appraisal and if Appraisal is Granted, #26 MOTION to Compel Appraisal Defendant United Services Automobile Association's Motion to Compel Appraisal and Dismiss the Complaint, #27 MOTION to Compel Appraisal and to Dismiss the Complaint by All Plaintiffs. (Yanchunis, John) |
| Filing 33 CERTIFICATE of compliance re 6 Order on motion to appear pro hac vice for Jonathan H. Waller by Brian Ruby. (Waller, Jonathan) |
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Filing 32
ORDER GRANTING #30 Plaintiff's Motion to Withdraw as Attorney of Record. The Clerk is directed to TERMINATE Jonathan B. Cohen, of the law firm Morgan & Morgan, P.A., as counsel of record and recipient of filings for Plaintiff Brian Ruby. Attorney John Yanchunis of Morgan & Morgan shall remain as counsel. Signed by Judge Mary S. Scriven on 1/29/2020. (GMD)
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| Filing 31 NOTICE of Appearance by Ryan Joseph McGee on behalf of Brian Ruby (McGee, Ryan) |
| Filing 30 MOTION for Jonathan B. Cohen to withdraw as attorney by Brian Ruby. (Cohen, Jonathan) |
| Filing 29 MOTION to stay discovery by United Services Automobile Association. (Eckelberry, Rodger) Motions referred to Magistrate Judge Anthony E. Porcelli. |
| Filing 28 MOTION to stay discovery Pending Resolution of Motion to Dismiss and Compel Appraisal and if Appraisal is Granted by CCC Information Services, Inc.. (Sullivan, Marguerite) Motions referred to Magistrate Judge Anthony E. Porcelli. |
| Filing 27 MOTION to Compel Appraisal and to Dismiss the Complaint by CCC Information Services, Inc.. (Sullivan, Marguerite) Motions referred to Magistrate Judge Anthony E. Porcelli. |
| Filing 26 MOTION to Compel Appraisal Defendant United Services Automobile Association's Motion to Compel Appraisal and Dismiss the Complaint by United Services Automobile Association. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E)(Drocton, Mathew) Motions referred to Magistrate Judge Anthony E. Porcelli. |
| Filing 25 NOTICE of compliance by United Services Automobile Association (Drocton, Mathew) |
| ***PRO HAC VICE FEES paid (Filing fee $150 x 3) Related document: #17 Unopposed MOTION for Andrea C. Wiltrout to appear pro hac vice, #16 Unopposed MOTION for Rodger L. Eckelberry to appear pro hac vice, #18 Unopposed MOTION for Matthew G. Drocton to appear pro hac vice. (KNC) |
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Filing 24
ENDORSED ORDER granting #16 motion to appear pro hac vice; granting #17 motion to appear pro hac vice; granting #18 motion to appear pro hac vice. Attorneys Rodger L. Eckelberry, Andrea C. Wiltrout, and Mathew G. Drocton may appear pro hac vice on behalf of Defendant, with Attorney Jerry R. Linscott 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 Anthony E. Porcelli on 1/2/2020. (REE)
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| Filing 23 CORPORATE Disclosure Statement by CCC Information Services, Inc. (Burt, Jason) |
| Filing 22 NOTICE of pendency of related cases per Local Rule 1.04(d) by CCC Information Services, Inc. Related case(s): No (Burt, Jason) |
| Filing 21 NOTICE of compliance re 15 Order on motion to appear pro hac vice by CCC Information Services, Inc. (Burt, Jason) |
| Filing 20 CERTIFICATE of interested persons and corporate disclosure statement re #8 Interested persons order by Brian Ruby. (Cohen, Jonathan) |
| Filing 19 NOTICE of pendency of related cases re #7 Related case order and track 2 notice per Local Rule 1.04(d) by Brian Ruby. Related case(s): No (Cohen, Jonathan) |
| Filing 18 Unopposed MOTION for Matthew G. Drocton to appear pro hac vice by United Services Automobile Association. (Linscott, Jerry) Motions referred to Magistrate Judge Anthony E. Porcelli. |
| Filing 17 Unopposed MOTION for Andrea C. Wiltrout to appear pro hac vice by United Services Automobile Association. (Linscott, Jerry) Motions referred to Magistrate Judge Anthony E. Porcelli. |
| Filing 16 Unopposed MOTION for Rodger L. Eckelberry to appear pro hac vice by United Services Automobile Association. (Linscott, Jerry) Motions referred to Magistrate Judge Anthony E. Porcelli. |
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Filing 15
ENDORSED ORDER granting #11 motion to appear pro hac vice; granting #12 motion to appear pro hac vice; granting #13 motion to appear pro hac vice. Attorneys Jason R. Burt, Marguerite M. Sullivan, and George C. Chipev may appear pro hac vice on behalf of Defendant, with Attorney Joseph H. Varner, III, 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 Anthony E. Porcelli on 12/23/2019. (REE)
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| ***PRO HAC VICE FEES paid by attorney Marguerite M. Sullivan, appearing on behalf of CCC Information Services, Inc. (Filing fee $150 receipt number TPA059415.) Related document: #12 MOTION for Marguerite M. Sullivan to appear pro hac vice. (MCB) |
| ***PRO HAC VICE FEES paid by attorney George C. Chipev, appearing on behalf of CCC Information Services, Inc. (Filing fee $150 receipt number TPA059415.) Related document: #13 MOTION for George C. Chipev to appear pro hac vice. (MCB) |
| ***PRO HAC VICE FEES paid by attorney Jason R. Burt, appearing on behalf of CCC Information Services, Inc. (Filing fee $150 receipt number TPA059415.) Related document: #11 MOTION for Jason R. Burt to appear pro hac vice. (MCB) |
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Filing 14
ENDORSED ORDER GRANTING #10 Unopposed Joint Motion for an Extension of Time to Answer, Move, or Otherwise Reply. Defendants United Services Automobile Association and CCC Information Services, Inc. shall have up to and including January 20, 2020 to file an answer or otherwise respond to the Complaint. Signed by Judge Mary S. Scriven on 12/20/2019. (GMD)
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| Filing 13 MOTION for George C. Chipev to appear pro hac vice by CCC Information Services, Inc. (Varner, Joseph) Motions referred to Magistrate Judge Anthony E. Porcelli. |
| Filing 12 MOTION for Marguerite M. Sullivan to appear pro hac vice by CCC Information Services, Inc. (Varner, Joseph) Motions referred to Magistrate Judge Anthony E. Porcelli. |
| Filing 11 MOTION for Jason R. Burt to appear pro hac vice by CCC Information Services, Inc. (Varner, Joseph) Motions referred to Magistrate Judge Anthony E. Porcelli. |
| Filing 10 Unopposed MOTION for Extension of Time to File Answer re #1 Complaint (Joint with United Services Automobile Association ) by CCC Information Services, Inc.. (Varner, Joseph) |
| Filing 9 NOTICE of Appearance by Joseph H. Varner, III on behalf of CCC Information Services, Inc. (Varner, Joseph) |
| ***PRO HAC VICE FEES paid by attorney Jonathan H. Waller, appearing on behalf of (Filing fee $150 receipt number TPA059390.) Related document: #5 MOTION for Jonathan H. Waller to appear pro hac vice. (ARC) |
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Filing 8
INTERESTED PERSONS ORDER Certificate of interested persons and corporate disclosure statement due by 1/2/2020. Signed by Judge Mary S. Scriven on 12/18/2019. (APV)
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Filing 7
RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Notice of pendency of other actions due by 1/2/2020. Signed by Judge Mary S. Scriven on 12/18/2019. (APV)
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Filing 6
ENDORSED ORDER granting #5 motion to appear pro hac vice. Attorney Jonathan H. Waller may appear pro hac vice on behalf of Plaintiff, with Attorney John A. Yanchunis 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 Anthony E. Porcelli on 12/9/2019. (REE)
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| Filing 5 MOTION for Jonathan H. Waller to appear pro hac vice by Brian Ruby. (Yanchunis, John) Motions referred to Magistrate Judge Anthony E. Porcelli. |
| Filing 4 SUMMONS issued as to CCC Information Services, Inc., United Services Automobile Association. (Attachments: #1 Main Document)(WCD) |
| Filing 3 NOTICE to counsel Jonathan H. Waller 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) |
| Filing 2 NEW CASE ASSIGNED to Judge Mary S. Scriven and Magistrate Judge Anthony E. Porcelli. New case number: 8:19-cv-2922-T-35AEP. (SJB) |
| Filing 1 COMPLAINT against CCC Information Services, Inc., United Services Automobile Association with Jury Demand (Filing fee $ 400 receipt number 113A-16190768) filed by Brian Ruby. (Attachments: #1 Exhibit Exhibit A - Ruby Policy, #2 Exhibit B - CCC Valuation Report 7.26.19, #3 Exhibit C - CCC Valuation Report 10.2.19, #4 Civil Cover Sheet #5 Proposed Summons - USAA, #6 Proposed Summons - CCC Information Services)(Cohen, Jonathan) Modified on 11/26/2019 (WCD). Modified on 11/27/2019 (LD). |
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