First Watch Restaurants, Inc. v. Zurich American Insurance Company
Plaintiff: First Watch Restaurants, Inc.
Defendant: Zurich American Insurance Company
Not Classified By Court: Peter Grilli
Case Number: 8:2020cv02374
Filed: October 9, 2020
Court: US District Court for the Middle District of Florida
Presiding Judge: Virginia M Hernandez Covington
Referring Judge: Thomas G Wilson
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. § 2201
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on February 4, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 4, 2020 Filing 20 Unopposed MOTION to Stay Discovery Pending Ruling on Dispositive Motion to Dismiss by Zurich American Insurance Company. (Guzzi, Gary)
December 4, 2020 Filing 19 MOTION to Dismiss for Failure to State a Claim by Zurich American Insurance Company. (Guzzi, Gary)
November 23, 2020 Opinion or Order Filing 18 ORDER regarding motions for summary judgment. See Order for details. Signed by Judge Virginia M. Hernandez Covington on 11/23/2020. (TWL)
November 23, 2020 Opinion or Order Filing 17 ENDORSED ORDER: In light of the Court's Case Management and Scheduling Order (Doc. #16), 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 11/23/2020. (TWL)
November 23, 2020 Opinion or Order Filing 16 CASE MANAGEMENT AND SCHEDULING ORDER: Final Pretrial Conference set for 12/9/2021 at 9:00 AM in Tampa Courtroom 14 B before Judge Virginia M. Hernandez Covington, Jury Trial set for the January 2022 trial term in Tampa Courtroom 14 B before Judge Virginia M. Hernandez Covington, Conduct mediation hearing by 8/17/2021. Lead counsel to coordinate dates. Signed by Judge Virginia M. Hernandez Covington on 11/23/2020. (TWL)
November 19, 2020 Filing 15 CASE MANAGEMENT REPORT. (McKenna, Kenneth)
November 17, 2020 Filing 14 CERTIFICATE of interested persons and corporate disclosure statement by First Watch Restaurants, Inc. (McKenna, Kenneth)
November 17, 2020 Filing 13 NOTICE of pendency of related cases re #4 Related case order and track 2 notice per Local Rule 1.04(d) by Zurich American Insurance Company. Related case(s): no (Guzzi, Gary)
November 17, 2020 Filing 12 CERTIFICATE of interested persons and corporate disclosure statement by Zurich American Insurance Company identifying Corporate Parent Zurich Holding Company of America, Inc., Corporate Parent Zurich Insurance Company Ltd, Corporate Parent Zurich Insurance Group Ltd for Zurich American Insurance Company. (Guzzi, Gary)
November 16, 2020 Opinion or Order Filing 11 ENDORSED ORDER granting Zurich American Insurance Company's unopposed motion for extension of time to respond to the plaintiff's complaint. (Doc. #10). Zurich's responsive pleading to the plaintiff's complaint is due December 4, 2020. Signed by Judge Virginia M. Hernandez Covington on 11/16/2020. (LEA)
November 16, 2020 Filing 10 Unopposed MOTION for Extension of Time to File Response to Plaintiff's Complaint by Zurich American Insurance Company. (Guzzi, Gary)
November 5, 2020 Opinion or Order Filing 9 ENDORSED ORDER: Counsel are directed to meet and confer, in person or by telephone, and by November 19, 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 11/5/2020. (LEA)
November 4, 2020 Filing 8 NOTICE of pendency of related cases re #4 Related case order and track 2 notice per Local Rule 1.04(d) by First Watch Restaurants, Inc. Related case(s): NO (McKenna, Kenneth)
November 4, 2020 Filing 7 PROOF of service by First Watch Restaurants, Inc. (Attachments: #1 Exhibit A)(McKenna, Kenneth)
November 4, 2020 Opinion or Order Filing 6 ENDORSED ORDER: Plaintiff First Watch Restaurants, Inc. filed this case on October 9, 2020. (Doc. #1). Based on the Court's review of the docket, it appears that service of process has not yet been effected on Defendant Zurich American Insurance Company. Accordingly, Plaintiff First Watch Restaurants is directed to file a status report by November 12, 2020, regarding their efforts to effect service of process upon Defendant Zurich American Insurance Company. Signed by Judge Virginia M. Hernandez Covington on 11/4/2020. (LEA)
November 2, 2020 Opinion or Order 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 11/2/2020. (TWL)
November 2, 2020 Opinion or Order Filing 4 RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Signed by Judge Virginia M. Hernandez Covington on 11/2/2020. (TWL)
October 13, 2020 Filing 3 SUMMONS issued as to Zurich American Insurance Company. (JLD)
October 13, 2020 Filing 2 NEW CASE ASSIGNED to Judge Virginia M. Hernandez Covington and Magistrate Judge Thomas G. Wilson. New case number: 8:20-cv-2374-T-33TGW. (SJB)
October 9, 2020 Filing 1 COMPLAINT AND DEMAND FOR JURY TRIAL against Zurich American Insurance Company with Jury Demand (Filing fee $ 400 receipt number 113A-17413626) filed by First Watch Restaurants, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Civil Cover Sheet, #8 Proposed Summons)(McKenna, Kenneth)

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Plaintiff: First Watch Restaurants, Inc.
Represented By: Kenneth John McKenna
Represented By: Ryan Kelly Young
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Defendant: Zurich American Insurance Company
Represented By: Gary J. Guzzi
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Not classified by court: Peter Grilli
Represented By: Peter John Grilli
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