Rococo Steak, LLC v. Aspen Specialty Insurance Company
| Rococo Steak, LLC d/b/a Rococo Steak and Rococo Steak, LLC doing business as Rococo Steak |
| Aspen Specialty Insurance Company |
| Peter Grilli |
| 8:2020cv02481 |
| October 23, 2020 |
| US District Court for the Middle District of Florida |
| Virginia M Hernandez Covington |
| Sean P Flynn |
| Insurance |
| 12 U.S.C. § 0635 |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 27, 2021. A more recent docket listing may be available from PACER.
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Filing 28
ENDORSED ORDER: The Court is aware that the parties have requested that the July 16, 2021, mediation be held via videoconference. (Doc. #24). However, the Court has not yet permitted parties to mediate by videoconference at that time. Therefore, the parties must plan to mediate in person. In May 2021, the parties may resubmit their request for a videoconference mediation if circumstances warrant. Signed by Judge Virginia M. Hernandez Covington on 12/18/2020. (LEA)
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Filing 27
ORDER appointing Peter J. Grilli, Esq. as mediator in this action. The mediation conference is scheduled for July 16, 2021, 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 12/18/2020. (LEA)
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| Filing 26 RESPONSE in Opposition re #15 MOTION to Dismiss for Failure to State a Claim filed by Rococo Steak, LLC. (Attachments: #1 Exhibit)(Roberts, Kyle) |
| Filing 25 NOTICE of supplemental authority re #15 MOTION to Dismiss for Failure to State a Claim by Aspen Specialty Insurance Company. (Attachments: #1 Exhibit SA Palm Beach, #2 Exhibit El Novillo, #3 Exhibit Graspa, #4 Exhibit ENT, #5 Exhibit Catlin, #6 Exhibit Selane, #7 Exhibit BBMS, #8 Exhibit Toppers, #9 Exhibit Whiskey River, #10 Exhibit Zwillo, #11 Exhibit 4431, #12 Exhibit Hajer, #13 Exhibit Kessler, #14 Exhibit Palmer, #15 Exhibit Foundation, #16 Exhibit Cetta, #17 Exhibit Kirsch, #18 Exhibit Boulevard)(Berk, William) |
| Filing 24 NOTICE of mediation conference/hearing to be held on July 16, 2021 at 9:30 a.m. before Peter J. Grilli, Esq. (Roberts, Kyle) |
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Filing 23
ENDORSED ORDER granting #22 Motion for Extension of Time to File Response / Reply. Response due by December 18, 2020. Signed by Judge Virginia M. Hernandez Covington on 12/2/2020. (Covington, Virginia)
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| Filing 22 Unopposed MOTION for Extension of Time to File Response/Reply as to #15 MOTION to Dismiss for Failure to State a Claim by Rococo Steak, LLC. (Roberts, Kyle) |
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Filing 21
ENDORSED ORDER: The Court is aware that parties have requested delayed deadlines due to a pending motion to dismiss. (Doc. #14). And the Court understands the rationale behind the request. Nevertheless, this Court has an obligation to keep cases on track and to resolve cases expeditiously. Delaying discovery while a motion is pending does not contribute to that goal. However, the Court will make every effort to resolve pending motions as quickly as possible, particularly if the motion is dispositive. Signed by Judge Virginia M. Hernandez Covington on 11/25/2020. (LEA)
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| Filing 20 CERTIFICATE of interested persons and corporate disclosure statement re #16 Case management and scheduling order by Aspen Specialty Insurance Company identifying Corporate Parent Aspen American Insurance Company, Corporate Parent Aspen U.S. Holdings, Inc., Corporate Parent Aspen (UK) Holdings Limited, Corporate Parent Aspen Insurance Holdings Limited, a Bermuda corporation for Aspen Specialty Insurance Company. (Berk, William) |
| Filing 19 CERTIFICATE of interested persons and corporate disclosure statement re #16 Case management and scheduling order by Rococo Steak, LLC identifying Corporate Parent Caledon Concept Partners Corp. for Rococo Steak, LLC. (Roberts, Kyle) |
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Filing 18
ORDER regarding motions for summary judgment. See Order for details. Signed by Judge Virginia M. Hernandez Covington on 11/25/2020. (TWL)
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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 11/25/2020. (TWL)
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Filing 16
CASE MANAGEMENT AND SCHEDULING ORDER: Final Pretrial Conference set for 11/10/2021 at 9:00 AM in Tampa Courtroom 14 B before Judge Virginia M. Hernandez Covington, Jury Trial set for the December 2021 trial term in Tampa Courtroom 14 B before Judge Virginia M. Hernandez Covington, Conduct mediation hearing by 7/22/2021. Lead counsel to coordinate dates. Signed by Judge Virginia M. Hernandez Covington on 11/25/2020. (TWL)
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| Filing 15 MOTION to Dismiss for Failure to State a Claim by Aspen Specialty Insurance Company. (Attachments: #1 Affidavit Berk Declaration)(Berk, William) |
| Filing 14 CASE MANAGEMENT REPORT. (Berk, William) |
| Filing 13 NOTICE of pendency of related cases per Local Rule 1.04(d) by Rococo Steak, LLC. Related case(s): yes (Roberts, Kyle) |
| Filing 12 NOTICE of compliance by Aspen Specialty Insurance Company (Ostolaza, Yvette) |
| Filing 11 NOTICE of pendency of related cases re #8 Related case order and track 2 notice per Local Rule 1.04(d) by Aspen Specialty Insurance Company. Related case(s): Yes (Swindoll, Alan) |
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Filing 10
ENDORSED ORDER: Upon review of the record, the Court notes that on October 12, 2020, the State Court granted the following extensions of time: Defendant Aspen has until November 18, 2020 to file a responsive pleading to the complaint; until November 30, 2020 to object to the Plaintiff's first request for production and the Plaintiff's first set of interrogatories; and until December 14, 2020 to serve answers to the Plaintiff's first request for production and sworn answers to plaintiff's first set of interrogatories. (Doc. # 1-8). Signed by Judge Virginia M. Hernandez Covington on 11/15/2020. (LEA)
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Filing 9
ENDORSED ORDER: On October 27, 2020, the Court directed the parties to meet and confer, in person or by telephone, and by November 10, 2020, file a completed Case Management Report. (Doc. # 7). A review of the docket reveals that no Case Management Report has been filed. Accordingly, the parties are directed to file a completed Case Management Report by November 18, 2020. Signed by Judge Virginia M. Hernandez Covington on 11/15/2020. (LEA)
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Filing 8
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)
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Filing 7
ENDORSED ORDER: Counsel are directed to meet and confer, in person or by telephone, and by November 10, 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 10/27/2020. (LEA)
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Filing 6
ENDORSED ORDER granting #5 Defendant's Unopposed Motion to Appear Pro Hac Vice. Attorney Yvette Ostolaza may appear pro hac vice on behalf of Defendant, with Attorney William Berk 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 Sean P. Flynn on 10/27/2020. (ACS)
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| Filing 5 Unopposed MOTION for Yvette Ostolaza to appear pro hac vice, Special Admission fee paid, Receipt No. 113A-17472949 for $150 by Aspen Specialty Insurance Company. (Attachments: #1 Affidavit Special Admission Attorney Certification)(Swindoll, Alan) Motions referred to Magistrate Judge Sean P. Flynn. |
| Filing 4 NOTICE to counsel Yvette Ostolaza of Local Rule 2.02, Special Admission to Practice - Pay the $150.00 Special Admission Fee; Complete the E-Filer Registration Form to obtain a login and password for CM/ECF; Local counsel must electronically file a Motion to appear Pro Hac Vice on behalf of the non-resident attorney. (Signed by Deputy Clerk) (JLD) |
| Filing 3 CORPORATE Disclosure Statement by Aspen Specialty Insurance Company identifying Corporate Parent Aspen American Insurance Company, Corporate Parent Aspen U.S. Holdings, Inc., Corporate Parent Aspen (UK) Holdings Limited, Corporate Parent Aspen Insurance Holdings Limited, a Bermuda corporation for Aspen Specialty Insurance Company.. (Swindoll, Alan) |
| Filing 2 NEW CASE ASSIGNED to Judge Virginia M. Hernandez Covington and Magistrate Judge Sean P. Flynn. New case number: 8:20-cv-2481-T-33SPF. (SJB) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from Circuit Court of the Sixth Judicial Circuit in and for Pinellas County, Florida, case number 20-004506-CI filed in State Court on 09/22/2020. Filing fee $ 400, receipt number 113A-17465298 filed by All Defendants. (Attachments: #1 Appendix Index of Exhibits, #2 State Court Other Documents Process Served Upon Aspen, #3 State Court COMPLAINT Pleading Served Upon Aspen, #4 State Court Other Documents First Request for Production, #5 State Court Other Documents First Set of Interrogatories, #6 State Court Other Documents Unopposed Motion for Enlargement, #7 State Court Other Documents Proposed Order on Enlargement, #8 State Court Other Documents Order on Enlargement, #9 State Court Other Documents State Court Civil Cover Sheet, #10 State Court Other Documents Notice of Appearance, #11 State Court Docket, #12 Affidavit Noonan Declaration, #13 Affidavit Berk Declaration, #14 Affidavit Kammer Declaration, #15 Exhibit PPP Form, #16 Federal Court Civil Cover Sheet)(Swindoll, Alan) Modified on 10/26/2020 (JLD). |
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