Toro v. American Security Insurance Company
| JOSEPH A. TORO |
| American Security Insurance Company |
| F. Dennis Alvarez |
| 8:2021cv00916 |
| April 16, 2021 |
| US District Court for the Middle District of Florida |
| Virginia M Hernandez Covington |
| Christopher P Tuite |
| Insurance |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 11, 2021. A more recent docket listing may be available from PACER.
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Filing 24
ENDORSED ORDER: In their Notice of Mediation (Doc. #22), the parties indicate that there October 26, 2021, mediation will be held remotely. However, as noted in the Court's order appointing mediator (Doc. #23), the Court requires the parties to mediate in person. Indeed, the Court finds in-person mediation appropriate absent truly exigent circumstances, such as serious health concerns. With the availability of vaccinations in the United States, coupled with social distancing and the wearing of masks, the parties can safely mediate in person. Accordingly, the parties are directed to mediate in person. Signed by Judge Virginia M. Hernandez Covington on 6/11/2021. (AR)
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Filing 23
ORDER appointing F. Dennis Alvarez as mediator in this action. The mediation conference is scheduled for October 26, 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. Signed by Judge Virginia M. Hernandez Covington on 6/11/2021. (AR)
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| Filing 22 NOTICE of mediation conference/hearing to be held on October 26, 2021 at 9:30 a.m. (EST) before F. Dennis Alvarez. (Harris, Jamie) |
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Filing 21
ENDORSED ORDER directing Kalpesh Mehta, to comply with the administrative procedures regarding electronic filing. It appears that counsel has not registered for CM/ECF access. Accordingly, the Court directs counsel to register for CM/ECF access by June 23, 2021. Signed by Judge Virginia M. Hernandez Covington on 6/9/2021. (TWL)
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Filing 20
ENDORSED ORDER: On May 17, 2021, the Court entered its case management and scheduling order, in which it directed the parties to file their notice of mediation by June 7, 2021. (Doc. #15). However, a review of the docket reveals that no such notice has been filed. Accordingly, the parties are directed to file their notice, indicating the date, time, and location of the mediation, by June 10, 2021. Signed by Judge Virginia M. Hernandez Covington on 6/8/2021. (AR)
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| Filing 19 CERTIFICATE of interested persons and corporate disclosure statement by Joseph A. Toro. (Harris, Jamie) |
| Filing 18 NOTICE of Appearance by Jamie L. Harris on behalf of Joseph A. Toro. (Harris, Jamie) |
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Filing 17
ORDER regarding motions for summary judgment. See Order for details. Signed by Judge Virginia M. Hernandez Covington on 5/18/2021. (TWL)
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Filing 16
ENDORSED ORDER: In light of the Court's Case Management and Scheduling Order (Doc. #15), 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 5/18/2021. (TWL)
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Filing 15
CASE MANAGEMENT AND SCHEDULING ORDER: Final Pretrial Conference set for 5/12/2022 at 9:00 AM in Tampa Courtroom 14 B before Judge Virginia M. Hernandez Covington Jury Trial set for the June 2022 trial term in Tampa Courtroom 14 B before Judge Virginia M. Hernandez Covington. Conduct mediation hearing by 12/27/2021. Lead counsel to coordinate dates. Signed by Judge Virginia M. Hernandez Covington on 5/17/2021. (TWL)
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| Filing 14 CASE MANAGEMENT REPORT. (Koch, Brian) |
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Filing 13
ENDORSED ORDER: On April 16, 2021, the Court directed the parties "to meet and confer, in person or by telephone, and by April 30, 2021, file a completed Case Management Report." (Doc. # 3). However, a review of the record reveals that no case management report has been filed. Accordingly, the parties are directed to file their case management report by May 5, 2021. Signed by Judge Virginia M. Hernandez Covington on 5/3/2021. (AR)
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| Filing 12 NOTICE of a related action per Local Rule 1.07(c) by American Security Insurance Company. Related case(s): No (Koch, Brian) |
| Filing 11 CERTIFICATE of interested persons and corporate disclosure statement by American Security Insurance Company identifying Corporate Parent Interfinancial, Inc., Other Affiliate Assurant Inc. for American Security Insurance Company. (Koch, Brian) |
| Filing 10 NOTICE of Local Rule 3.03, which requires each party to file a disclosure statement with the first appearance that identifies (1) each person that has or might have an interest in the outcome, (2) each entity with publicly traded shares or debt potentially affected by the outcome, (3) each additional entity likely to actively participate, and (4) each person arguably eligible for restitution. The disclosure statement must include this certification - I certify that, except as disclosed, I am unaware of an actual or potential conflict of interest affecting the district judge or the magistrate judge in this action, and I will immediately notify the judge in writing within fourteen days after I know of a conflict. (Signed by Deputy Clerk). (TWL) |
| Filing 9 NOTICE of Local Rule 1.07(c), which requires lead counsel to promptly file a Notice of a Related Action that identifies and describes any related action pending in the Middle District. (Signed by Deputy Clerk). (TWL) |
| Filing 8 NOTICE informing the parties that they may consent to the jurisdiction of a United States magistrate judge by filing Form AO 85 Notice, Consent, and Reference of a Civil Action to a Magistrate Judge using the event Consent to Jurisdiction of US Magistrate Judge. (Signed by Deputy Clerk). (TWL) |
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Filing 7
ENDORSED ORDER: The Court is aware of the notice entered in this case, explaining that Local Rule 3.02(a)(2) requires the filing of a uniform case management report with forty or seventy days, depending on the circumstances of the case. However, under Local Rule 1.01(b), a judge can modify or suspend for all or part of an action the application of any rule, except Rule 1.05(a). This Court finds it beneficial to enter a fast-track scheduling order in certain categories of cases before entry of a case management and scheduling order. Additionally, in cases that are not fast-tracked, this Court finds it efficient to have the parties confer and file case management reports within 14 days after the defendant's responsive pleading is due or within 14 days after a case is removed to this Court. In light of this, the Court hereby suspends Local Rule 3.02(a)(2) in this case. At a time the Court deems appropriate, the Court will enter a further order in this case setting either a deadline to file a completed uniform case management report or various fast-track deadlines for the case. Signed by Judge Virginia M. Hernandez Covington on 4/21/2021. (TWL)
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| Filing 6 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). (TWL) |
| Filing 5 NOTICE to counsel Kalpesh Mehta and G. Carter Bess of Local Rule 2.01(b)(1)(G), which requires members of the Middle District bar to register with the Middle District CM/ECF system by submitting an e-file registration through PACER. (Signed by Deputy Clerk) (JLD) Modified on 4/19/2021 (JLD). |
| Filing 4 NOTICE to counsel Kalpesh Mehta and G. Carter Bess of Local Rule 2.01(a), which requires membership or special admission in the Middle District bar to practice in the Middle District, except for the limited exceptions identified in the Rule. To apply for membership in the Middle District, visit www.flmd.uscourts.gov/for-lawyers. (Signed by Deputy Clerk) (JLD) Modified on 4/19/2021 (JLD). |
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Filing 3
ENDORSED ORDER: Counsel are directed to meet and confer, in person or by telephone, and by April 30, 2021, file a completed Case Management Report. The Court believes that six to eight months is a sufficient period of time to conduct discovery in the vast majority of cases. If the parties believe that more 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. After the Case Management Report is filed, the Court will 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 4/16/2021. (AR)
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| Filing 2 NEW CASE ASSIGNED to Judge Virginia M. Hernandez Covington and Magistrate Judge Christopher P. Tuite. New case number: 8:21-cv-0916-VMC-CPT. (SJB) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from Circuit Court of the 13th Judicial Circuit, Hillsborough, Florida, case number 2020-CA-009394 filed in State Court on 12/02/2020. Filing fee $ 402, receipt number AFLMDC-18145917 filed by American Security Insurance Company. (Attachments: #1 State Court COMPLAINT, #2 State Court ANSWER, #3 State Court Docket Sheet, #4 State Court Other Documents, #5 Civil Cover Sheet, #6 Exhibit 1 (Composite), #7 Exhibit 2, #8 Exhibit 3, #9 Exhibit 4 (Composite), #10 Exhibit 5, #11 Exhibit 6)(Koch, Brian) |
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