Lake v. Aetna Life Insurance Company et al
| Scott Lake |
| The School Board of Pinellas County, Aetna Life Insurance Company and Pinellas County School Board |
| 8:2020cv03010 |
| December 17, 2020 |
| US District Court for the Middle District of Florida |
| Virginia M Hernandez Covington |
| Thomas G Wilson |
| Insurance |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 28, 2021. A more recent docket listing may be available from PACER.
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Filing 38
ORDER regarding motions for summary judgment. See Order for details. Signed by Judge Virginia M. Hernandez Covington on 2/9/2021. (TWL)
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Filing 37
CASE MANAGEMENT AND SCHEDULING ORDER: Final Pretrial Conference set for 4/14/2022 at 9:00 AM in Tampa Courtroom 14 B before Judge Virginia M. Hernandez Covington, Jury Trial set for the May 2022 trial term in Tampa Courtroom 14 B before Judge Virginia M. Hernandez Covington, Conduct mediation hearing by 11/12/2021. Lead counsel to coordinate dates. Signed by Judge Virginia M. Hernandez Covington on 2/9/2021. (TWL)
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| Filing 36 Minute Entry. Virtual Proceedings held before Judge Virginia M. Hernandez Covington: SCHEDULING CONFERENCE held on 2/5/2021. Court Reporter: Rebekah Lockwood (TWL) |
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Filing 35
ENDORSED ORDER: For the reasons discussed at the February 5, 2021, case management hearing, Defendant Aetna Life Insurance Company's Motion to Dismiss (Doc. #12) is denied as moot. Aetna's amended response to the complaint is due by February 19, 2021. Signed by Judge Virginia M. Hernandez Covington on 2/5/2021. (AR)
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| Filing 34 NOTICE OF RESCHEDULING HEARING: The Scheduling Conference hearing previously scheduled for 2/4/2021 is rescheduled. New scheduling date and time: Scheduling Conference set for 2/5/2021 at 4:00 PM. This hearing will be conducted via Zoom video conference before Judge Virginia M. Hernandez Covington. The Clerk will be sending an invitation to the meeting via email. If you have any questions please contact courtroom deputy, Tamecika Lee, at Tamecika_Lee@flmd.uscourts.gov. Although the hearing is taking place by video, all parties should dress appropriately for this Court proceeding. Furthermore, the parties are hereby reminded that under Local Rule 5.01 the taking of photographs, the operation of recording or transmission devices, and the broadcasting or televising of proceedings in any courtroom or hearing room of this Court, or the environs thereof, either while the Court is in session or at recesses between sessions when Court officials, lawyers, jurors, witnesses or other persons connected with judicial proceedings of any kind are present, are prohibited.(TWL) |
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Filing 33
STANDING ORDER regarding discovery motions. Signed by Magistrate Judge Thomas G. Wilson on 2/1/2021. (DMS)
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| Filing 32 NOTICE of hearing: Scheduling Conference set for 2/4/2021 at 2:00 PM. This hearing will be conducted via Zoom video conference before Judge Virginia M. Hernandez Covington. The Clerk will be sending an invitation to the meeting via email. If you have any questions please contact courtroom deputy, Tamecika Lee, at Tamecika_Lee@flmd.uscourts.gov. Although the hearing is taking place by video, all parties should dress appropriately for this Court proceeding. Furthermore, the parties are hereby reminded that under Local Rule 4.11(b) the taking of photographs, the operation of recording or transmission devices, and the broadcasting or televising of proceedings in any courtroom or hearing room of this Court, or the environs thereof, either while the Court is in session or at recesses between sessions when Court officials, lawyers, jurors, witnesses or other persons connected with judicial proceedings of any kind are present, are prohibited.(TWL) |
| Filing 31 CASE MANAGEMENT REPORT. (Bronson, Ardith) |
| Filing 30 CERTIFICATE of interested persons and corporate disclosure statement re #6 Related case order and track 2 notice by Scott Lake. (Casey, Stephanie) |
| Filing 29 RESPONSE in Opposition re #12 MOTION to Dismiss for Failure to State a Claim filed by Scott Lake. (Casey, Stephanie) |
| Filing 28 RESPONSE in Opposition re #9 MOTION to Dismiss Complaint; The School Board of Pinellas County's Motion to Dismiss the Complaint and Motion to Strike Damage Claim for Disgorgement of Profits filed by Scott Lake. (Garcia, Maria) |
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Filing 27
ORDER granting #23 Defendant's Motion for Mark C. Nielsen to Appear Pro Hac Vice. Signed by Magistrate Judge Thomas G. Wilson on 1/19/2021. (DMS)
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Filing 26
ORDER granting #24 Defendant's Unopposed Motion for Paul J. Rinefierd to Appear Pro Hac Vice. Signed by Magistrate Judge Thomas G. Wilson on 1/6/2021. (DMS)
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| Filing 25 NOTICE of pendency of related cases per Local Rule 1.04(d) by Aetna Life Insurance Company. Related case(s): Yes (Bronson, Ardith) |
| Filing 24 Unopposed MOTION for Paul J. Rinefierd to appear pro hac vice by Aetna Life Insurance Company. (Attachments: #1 Exhibit A)(Bronson, Ardith) Motions referred to Magistrate Judge Thomas G. Wilson. |
| Filing 23 Unopposed MOTION for Mark C. Nielsen to appear pro hac vice by Aetna Life Insurance Company. (Attachments: #1 Exhibit A)(Bronson, Ardith) Motions referred to Magistrate Judge Thomas G. Wilson. |
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Filing 22
ENDORSED ORDER: Plaintiff Scott Lake's unopposed "Motion for Limited Stay, or, in the Alternative, for Extension of Time to Respond to Motions to Dismiss and File Case Management Report" (Doc. #16) is granted in part and denied in part. The Court declines to stay this case pending the Court's determination of subject-matter jurisdiction, which it need not enter sua sponte if it finds that it has been satisfied. Indeed, Lake has not filed a motion to remand which would require such an order. However, the Court grants the motion to extend the deadlines to respond to Defendants Aetna Life Insurance Company and Pinellas County School Board's Motions to Dismiss. (Doc. # #9; #12). The deadline to respond to Aetna's Motion to Dismiss is now January 21, 2021. (Doc. #12). The deadline to respond to the School Board's Motion to Dismiss is now January 20, 2021. (Doc. #9). Additionally, the deadline for the parties to file their Case Management Report is extended until January 25, 2021. Signed by Judge Virginia M. Hernandez Covington on 12/30/2020. (AR)
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Filing 21
ORDER denying without prejudice #18 Defendant's Unopposed Motion for Jon W. Breyfogle to Appear Pro Hac Vice; denying without prejudice #19 Defendant's Unopposed Motion for Mark C. Nielsen to Appear Pro Hac Vice; denying without prejudice #20 Defendant's Unopposed Motion for Paul J. Rinefierd to Appear Pro Hac Vice. Signed by Magistrate Judge Thomas G. Wilson on 12/29/2020. (DMS)
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| Filing 20 Unopposed MOTION for Paul J. Rinefierd to appear pro hac vice, Special Admission fee paid, Receipt No. 113A-17709636 for $150 by Aetna Life Insurance Company. (Attachments: #1 Exhibit A)(Bronson, Ardith) Motions referred to Magistrate Judge Thomas G. Wilson. |
| Filing 19 Unopposed MOTION for Mark C. Nielsen to appear pro hac vice, Special Admission fee paid, Receipt No. 113A-17709610 for $150 by Aetna Life Insurance Company. (Attachments: #1 Exhibit A)(Bronson, Ardith) Motions referred to Magistrate Judge Thomas G. Wilson. |
| Filing 18 Unopposed MOTION for Jon W. Breyfogle to appear pro hac vice, Special Admission fee paid, Receipt No. 113A-17709602 for $150 by Aetna Life Insurance Company. (Attachments: #1 Exhibit A)(Bronson, Ardith) Motions referred to Magistrate Judge Thomas G. Wilson. |
| Filing 17 NOTICE of pendency of related cases per Local Rule 1.04(d) by Scott Lake. Related case(s): yes (Casey, Stephanie) |
| Filing 16 Unopposed MOTION to Stay Plaintiff's Unopposed Motion for Limited Stay, or, in the Alternative, For Extension of Time to Respond to Motions to Dismiss and File Case Magagement Report by Scott Lake. (Casey, Stephanie) |
| Filing 15 RESPONSE re 5 Order to the Court's Order Regarding CAFA Jurisdiction filed by Aetna Life Insurance Company. (Attachments: #1 Exhibit A)(Bronson, Ardith) |
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Filing 14
ORDER granting #7 defendant Aetna Insurance Company's Motion for Brian H. Benjet to Appear Pro Hac Vice; granting #8 defendant Aetna Insurance Company's Motion for Evan North to Appear Pro Hac Vice. Signed by Magistrate Judge Thomas G. Wilson on 12/28/2020. (DMS)
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| Filing 13 CERTIFICATE of interested persons and corporate disclosure statement by Aetna Life Insurance Company. (Bronson, Ardith) |
| Filing 12 MOTION to Dismiss for Failure to State a Claim by Aetna Life Insurance Company. (Attachments: #1 Exhibit A)(Bronson, Ardith) |
| Filing 11 NOTICE of Appearance by Patrick M. Causey on behalf of Pinellas County School Board. (Causey, Patrick) |
| Filing 10 NOTICE by Scott Lake re 5 Order of Filing Response to Court's Endorsed Order. (Casey, Stephanie) |
| Filing 9 MOTION to Dismiss Complaint. The School Board of Pinellas County's Motion to Dismiss the Complaint and Motion to Strike Damage Claim for Disgorgement of Profits by Pinellas County School Board. (Harris, Charles) |
| Filing 8 Unopposed MOTION for Evan E. North to appear pro hac vice, Special Admission fee paid, Receipt No. 113A-17694790 for $150 by Aetna Life Insurance Company. (Attachments: #1 Exhibit A)(Bronson, Ardith) Motions referred to Magistrate Judge Thomas G. Wilson. |
| Filing 7 Unopposed MOTION for Brian H. Benjet to appear pro hac vice, Special Admission fee paid, Receipt No. 113A-17694688 for $150 by Aetna Life Insurance Company. (Attachments: #1 Exhibit A)(Bronson, Ardith) Motions referred to Magistrate Judge Thomas G. Wilson. |
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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 12/21/2020. (TWL)
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Filing 5
ENDORSED ORDER: On December 17, 2020, Defendant Aetna Life Insurance Co., removed this action to this Court pursuant to the Class Action Fairness Act ("CAFA"). (Doc. # 1). Aetna claims in its notice of removal that based on Plaintiff Scott Lake's state court complaint, which includes an indefinite class that might include "hundreds, if not thousands" of members, as well as the fact that Lake's own claim may amount to $78,000, establish the requirements of CAFA. (Id.). However, Aetna fails to establish any concrete facts establishing the numerosity or amount-in-controversy requirements of CAFA jurisdiction. See MRI Assocs. of St. Pete v. Direct Gen. Ins. Co., No. 8:12-cv-2408-T-35AEP, 2013 WL 12155943, at *4 (M.D. Fla. June 17, 2013) ("[C]onclusory allegations by a defendant in the notice of removal that the claims satisfy the jurisdictional amount, without identification of the underlying facts supporting such an assertion, are insufficient to meet the defendant's burden."). And, without these requirements met, because Lake and Defendant School Board of Pinellas County are both citizens of Florida, the Court lacks subject-matter jurisdiction through diversity jurisdiction. (Doc. # 1). Therefore, Aetna is directed to provide more information establishing that the numerosity requirement of CAFA has been met and that the amount in controversy exceeds $5,000,000, by December 28, 2020. Signed by Judge Virginia M. Hernandez Covington on 12/18/2020. (AR)
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Filing 4
ENDORSED ORDER: Counsel are directed to meet and confer, in person or by telephone, and by January 11, 2021, 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 12/18/2020. (AR)
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| Filing 3 NOTICE to counsel Brian H. Benjet and Evan North of Local Rule 2.02, Special Admission to Practice - Non-resident attorney shall file a written designation and consent-to-act on the part of some member of the bar of this Court; 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 2 NEW CASE ASSIGNED to Judge Virginia M. Hernandez Covington and Magistrate Judge Thomas G. Wilson. New case number: 8:20-cv-3010-T-33TGW. (SJB) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from Circuit Court of the Sixth Judicial Circuit, case number 20-005171-CI filed in State Court on October 30, 2020. filed by Aetna Life Insurance Company. (Attachments: #1 State Court COMPLAINT - Exhibit A, #2 State Court Docket Sheet - Exhibit B, #3 Civil Cover Sheet)(Bronson, Ardith) Modified on 12/18/2020 (JLD). |
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