Mexicali Border Cafe, Inc. v. Amguard Insurance Company
Plaintiff: Mexicali Border Cafe, Inc.
Defendant: Amguard Insurance Company
Not Classified By Court: Lansing C. Scriven
Case Number: 8:2021cv00028
Filed: January 6, 2021
Court: US District Court for the Middle District of Florida
Presiding Judge: William F Jung
Referring Judge: Christopher P Tuite
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Both
Docket Report

This docket was last retrieved on March 7, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 26, 2021 Opinion or Order Filing 26 ***STRICKEN; DISCOVERY PURSUANT TO RULE 26.***NOTICE of compliance by Amguard Insurance Company. (Wiseberg, Philip) Modified text and image on 3/1/2021 (LNR). (LNR).
February 26, 2021 Opinion or Order Filing 25 ***STRICKEN; DISCOVERY PURSUANT TO RULE 26.***NOTICE of compliance with FRCVP 26(a)(1) by Mexicali Border Cafe, Inc. (Snyderman, Kristina) Modified text and image on 3/1/2021 (LNR). (LNR).
February 25, 2021 Opinion or Order Filing 24 ENDORSED ORDER granting Plaintiff Mexicali Border Cafe, Inc.'s #23 Renewed Uncontested Motion to Request Removal of Kelley A. Thompson as Attorney for Plaintiff. The Clerk of Court is directed to terminate Ms. Thompson as Plaintiff's counsel of record. Signed by Magistrate Judge Christopher P. Tuite on 2/25/2021. (ACL)
February 24, 2021 Opinion or Order Filing 23 MOTION for Kelley Thompson to Withdraw as Attorney Renewed Uncontested Motion to Request Removal of Kelley A. Thompson as Attorney for Plaintiff by Mexicali Border Cafe, Inc. (Snyderman, Kristina) Motions referred to Magistrate Judge Christopher P. Tuite.
February 18, 2021 Opinion or Order Filing 22 CASE MANAGEMENT AND SCHEDULING ORDER: Dispositive motions due by 12/15/2021, Final Pretrial Conference set for 3/10/2022 at 9:00 AM in Tampa Courtroom 15B before Judge William F. Jung, Jury Trial set for the April 2022 trial term commencing 4/4/2022 at 9:00 AM in Tampa Courtroom 15B before Judge William F. Jung, Conduct mediation hearing by 10/29/2021. Lead counsel to coordinate dates. Signed by Judge William F. Jung on 2/18/2021. (SAO)
February 17, 2021 Opinion or Order Filing 21 CASE MANAGEMENT REPORT. (Snyderman, Kristina)
February 16, 2021 Opinion or Order Filing 20 MOTION to Dismiss for Failure to State a Claim (Count II Only) and Motion to Strike Paragraphs 14 and 47 by Amguard Insurance Company. (Wiseberg, Philip)
February 16, 2021 Opinion or Order Filing 19 ANSWER and affirmative defenses to Complaint with Jury Demand (Count I Only) by Amguard Insurance Company.(Wiseberg, Philip)
February 16, 2021 Opinion or Order Filing 18 NOTICE of Local Rule 3.02(a)(2), which requires the parties in every civil proceeding, except those described in subsection (d), to file a case management report (CMR) using the uniform form at www.flmd.uscourts.gov. The CMR must be filed (1) within forty days after any defendant appears in an action originating in this court, (2) within forty days after the docketing of an action removed or transferred to this court, or (3) within seventy days after service on the United States attorney in an action against the United States, its agencies or employees. Judges may have a special CMR form for certain types of cases. These forms can be found at www.flmd.uscourts.gov under the Forms tab for each judge. (Signed by Deputy Clerk). (SAO)
January 28, 2021 Opinion or Order Filing 17 ENDORSED ORDER granting #16 Motion to Set Aside Clerk Default. Signed by Judge William F. Jung on 1/28/2021. (Jung, William)
January 27, 2021 Opinion or Order Filing 16 MOTION to Set Aside Clerk Default Renewed by Amguard Insurance Company. (Attachments: #1 Exhibit Motion for Clerk's Default, #2 Exhibit Clerk's Default, #3 Exhibit Affidavit of Shayne McGrady)(Wiseberg, Philip)
January 27, 2021 Opinion or Order Filing 15 CERTIFICATE of interested persons and corporate disclosure statement by Amguard Insurance Company identifying Corporate Parent Berkshire Hathaway Inc., Corporate Parent Amguard Insurance Company for Amguard Insurance Company. (Wiseberg, Philip)
January 22, 2021 Opinion or Order Filing 14 ENDORSED ORDER denying without prejudice #12 Uncontested Motion to Request Removal of Kelley A. Thompson as Attorney for Plaintiff. It appears from the motion that the requirements of Local Rule 2.03(b) have not been met. Signed by Magistrate Judge Christopher P. Tuite on 1/22/2021. (ACL)
January 21, 2021 Opinion or Order Filing 13 NOTICE of Appearance by Andre R. Perron on behalf of Mexicali Border Cafe, Inc. (Perron, Andre)
January 20, 2021 Opinion or Order Filing 12 Unopposed MOTION to Withdraw as Attorney; to Request Removal of Kelley A. Thompson as Attorney for Plaintiff by Mexicali Border Cafe, Inc. (Snyderman, Kristina) Motions referred to Magistrate Judge Christopher P. Tuite. Modified text on 1/21/2021 (LNR).
January 20, 2021 Opinion or Order Filing 11 NOTICE of pendency of related cases re #5 Related case order and track 2 notice per Local Rule 1.04(d) by Mexicali Border Cafe, Inc. Related case(s): yes (Snyderman, Kristina)
January 20, 2021 Opinion or Order Filing 10 CERTIFICATE of interested persons and corporate disclosure statement re #5 Related case order and track 2 notice by Mexicali Border Cafe, Inc. (Snyderman, Kristina)
January 20, 2021 Opinion or Order Filing 9 ***TERMINATED; contacted counsel to refile.***NOTICE of Appearance by Kristina H. Snyderman on behalf of Mexicali Border Cafe, Inc. (Snyderman, Kristina) Modified text on 1/21/2021 (LNR).
January 15, 2021 Opinion or Order Filing 8 NOTICE by Mexicali Border Cafe, Inc. Notice of Meet/Confer Relative to Defendant's Motion to Vacate #6. (Snyderman, Kristina)
January 14, 2021 Opinion or Order Filing 7 ENDORSED ORDER denying without prejudice #6 Motion to Vacate. Please file a notice once meet/confer has happened. Plaintiff is required to promptly respond as to meet/confer. Signed by Judge William F. Jung on 1/14/2021. (Jung, William)
January 13, 2021 Opinion or Order Filing 6 MOTION to Vacate Clerk's Default by Amguard Insurance Company. (Attachments: #1 Exhibit Motion for Clerk's Default, #2 Exhibit Clerk's Default, #3 Exhibit Affidavit of Mc. Shayne McGrady)(Wiseberg, Philip)
January 11, 2021 Opinion or Order Filing 5 RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Counsel and any unrepresented party shall meet within sixty days after service of the complaint upon any defendant for the purpose of preparing and filing a Case Management Report. Signed by Judge William F. Jung on 1/11/2021. (SAO)
January 7, 2021 Opinion or Order Filing 4 ENDORSED ORDER appointing mediator. Lansing Scriven is appointed mediator in this case. Mediation must be completed by 10/31/2021. The parties should note this in the case management report. The Clerk will add this mediator as party/mediator. Signed by Judge William F. Jung on 1/7/2021. (Jung, William)
January 7, 2021 Opinion or Order Filing 3 NOTICE to counsel Kelley A. Thompson of Local Rule 2.01, General Admission to Practice, which states - No person shall be permitted to appear or be heard as counsel for another in any proceeding in this Court unless first admitted to practice in the Court pursuant to this rule (or heretofore admitted under prior rules of the Court). Apply for membership to the bar of this Court at www.flmd.uscourts.gov (Signed by Deputy Clerk). (CRH)
January 6, 2021 Opinion or Order Filing 2 NEW CASE ASSIGNED to Judge William F. Jung and Magistrate Judge Christopher P. Tuite. New case number: 8:21-cv-0028-T-02CPT. (SJB)
January 6, 2021 Opinion or Order Filing 1 COMPLAINT and NOTICE OF REMOVAL from Manatee County, case number 2020-CA-002843 filed in State Court on 07/31/2020. Filing fee $402, receipt number 113A-17735055 filed by Amguard Insurance Company. (Attachments: #1 State Court COMPLAINT, #2 State Court Docket Sheet, #3 State Court Other Documents, #4 Civil Cover Sheet)(Wiseberg, Philip) Modified text to include receipt number on 1/6/2021 (AG).

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Defendant: Amguard Insurance Company
Represented By: Philip Benjamin Wiseberg
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Plaintiff: Mexicali Border Cafe, Inc.
Represented By: Kristina H. Snyderman
Represented By: Andre R. Perron
Represented By: Kelley A. Thompson
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Not classified by court: Lansing C. Scriven
Represented By: Lansing C. Scriven
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