Settle et al v. Berkley Transportation Company, Inc.
| B.T.C.S., Bradley Settle and Paula Ten Caten |
| Berkley Transportation Company, Inc. and David T. Rocha |
| Peter J. Grilli |
| 8:2020cv00354 |
| February 13, 2020 |
| US District Court for the Middle District of Florida |
| Virginia M Hernandez Covington |
| Anthony E Porcelli |
| Motor Vehicle |
| 28 U.S.C. § 1441 |
| Both |
Docket Report
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This docket was last retrieved on March 30, 2020. A more recent docket listing may be available from PACER.
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| Filing 21 CERTIFICATE of interested persons and corporate disclosure statement re #8 Case management and scheduling order by B.T.C.S., Bradley Settle, Paula Ten Caten. (Griffith, Anthony (Tony)) |
| Filing 20 CERTIFICATE of interested persons and corporate disclosure statement by Berkley Transportation Company, Inc., David T. Rocha. (Jurman, Rory) |
Filing 19
ORDER appointing Peter J. Grilli, Esq. as mediator in this action. The mediation conference is scheduled for September 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 3/26/2020. (DMD)
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| Filing 18 NOTICE of mediation conference/hearing to be held on 9/9/2020 at 9:30 am before Peter Grilli. (Griffith, Anthony (Tony)) |
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Filing 17
ENDORSED ORDER: On March 2, 2020, the Court entered its case management and scheduling order, directing Plaintiffs to file the notice of mediation by March 23, 2020. That date has passed but no notice of mediation has been filed. Accordingly, Plaintiffs are directed to file a notice of mediation, indicating the date, time, and location of the mediation conference, by March 27, 2020. Signed by Judge Virginia M. Hernandez Covington on 3/24/2020. (DMD)
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| Filing 16 REPLY to affirmative defenses by B.T.C.S., Bradley Settle, Paula Ten Caten. (Griffith, Anthony (Tony)) |
| Filing 15 Defendants' ANSWER and affirmative defenses with Jury Demand to #5 Amended Complaint by Berkley Transportation Company, Inc., David T. Rocha.(Jurman, Rory) |
| Filing 14 RESPONSE TO ORDER TO SHOW CAUSE filed by Bradley Settle, Paula Ten Caten. (Griffith, Anthony (Tony)) |
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Filing 13
ENDORSED ORDER granting the unopposed motion for extension of time to file answer. (Doc. #12). Defendants are directed to file the answer as a separate docket entry by March 9, 2020. Signed by Judge Virginia M. Hernandez Covington on 3/6/2020. (DMD)
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| Filing 12 MOTION for Extension of Time to File Answer and Affirmative Defenses to the Second Amended Complaint Nunc Pro Tunc by Berkley Transportation Company, Inc., David T. Rocha. (Attachments: #1 Exhibit A, #2 Exhibit B)(Jurman, Rory) |
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Filing 11
ENDORSED ORDER: Plaintiffs filed their second amended complaint on February 19, 2020. (Doc. #5). Therefore, Defendants' answer to the second amended complaint was due on March 4, 2020. See (Doc. # 3). But no answer has been filed and Plaintiffs have not promptly applied to the Clerk for entry of default pursuant to Local Rule 1.07(b). Accordingly, Plaintiffs are directed to show cause by March 11, 2020, 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 3/6/2020. (DMD)
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Filing 10
ORDER regarding motions for summary judgment. See Order for details. Signed by Judge Virginia M. Hernandez Covington on 3/2/2020. (TWL)
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Filing 9
ENDORSED ORDER: In light of the Court's Case Management and Scheduling Order (Doc. #8), 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 3/2/2020. (TWL)
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Filing 8
CASE MANAGEMENT AND SCHEDULING ORDER: Final Pretrial Conference set for 2/11/2021 at 9:00 AM in Tampa Courtroom 14 B before Judge Virginia M. Hernandez Covington, Jury Trial set for the March 2021 trial term Tampa Courtroom 14 B before Judge Virginia M. Hernandez Covington, Conduct mediation hearing by 10/22/2020. Lead counsel to coordinate dates. Signed by Judge Virginia M. Hernandez Covington on 3/2/2020. (TWL)
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| Filing 7 CASE MANAGEMENT REPORT. (Griffith, Anthony (Tony)) |
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Filing 6
RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Signed by Judge Virginia M. Hernandez Covington on 2/19/2020. (TWL)
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| Filing 5 SECOND AMENDED COMPLAINT against All Defendants with Jury Demand. filed by All Plaintiffs.(Griffith, Anthony (Tony)) |
| Sealed Document S-1. (BES) |
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Filing 4
ENDORSED ORDER: Counsel are directed to meet and confer, in person or by telephone, and by February 27, 2020, 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 2/13/2020. (DMD)
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Filing 3
ENDORSED ORDER: The state court documents and notice of removal all include the full name of the minor child B.T.C.S. (Doc. # 1). This is impermissible pursuant to Federal Rule of Civil Procedure 5.2(a). See Fed. R. Civ. P. 5.2(a) ("Unless the court orders otherwise, in an electronic or paper filing with the court that contains an individual's social-security number, taxpayer-identification number, or birth date, the name of an individual known to be a minor, or a financial-account number, a party or nonparty making the filing may include only:... (3) the minor's initials."). Therefore, in the interest of protecting the child's privacy, the Court directs the Clerk to seal Doc. # 1 and its attached exhibits. Plaintiffs are directed to file a second amended complaint that includes only the minor's initials by February 20, 2020, and Defendants' answer to that complaint will be due within 14 days. Signed by Judge Virginia M. Hernandez Covington on 2/13/2020. (DMD)
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| Filing 2 NEW CASE ASSIGNED to Judge Virginia M. Hernandez Covington and Magistrate Judge Anthony E. Porcelli. New case number: 8:20-cv-354-T-33AEP. (SJB) |
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