O'Donnell et al v. GeoVera Specialty Insurance Company
| Mark O'Donnell and Aaron Bullock |
| GeoVera Specialty Insurance Company |
| 8:2022cv00001 |
| January 3, 2022 |
| US District Court for the Middle District of Florida |
| William F Jung |
| Christopher P Tuite |
| Insurance |
| 28 U.S.C. § 1441 |
| Both |
Docket Report
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| Document Text |
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| Filing 18 ANSWER and affirmative defenses to Complaint with Jury Demand by GeoVera Specialty Insurance Company. (Attachments: #1 Exhibit Policy)(Bowman, Taylor) |
Filing 17
ENDORSED ORDER denying #7 Motion to Dismiss. The Court has reviewed the subject statute (F.S. 627.70152) and the case law as well as the parties' cogent arguments. The statute creates a notice and reporting requirement as a condition precedent to this type of insurance coverage suit. The statute became operable on July 21, 2021, before this suit was filed but after the policy was written and after the policy dispute arose generally. The movant seeks dismissal without prejudice per the statute for failure to comply with the notice and pre-suit reporting requirement under the statute. The Court believes the better view is that the statute does impose impediments to suit and does impose substantive steps or burdens on the insured. Thus without express statements re. retroactivity the law generally would not impose it upon a policy and policy dispute that arose well prior to the statute. To do so would impair a contract retroactively without a very clear legislative intent. The other grounds for dismissal, error in premises description by Plaintiff, is de minimus. Defendant should file answer/defenses etc. within 14 days. Signed by Judge William F. Jung on 1/14/2022. (Jung, William)
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| Filing 16 CASE MANAGEMENT REPORT. (Bowman, Taylor) |
| Filing 15 REPLY to Response to Motion re #7 MOTION to Dismiss Plaintiffs' Complaint Reply In Support of Motion to Dismiss filed by GeoVera Specialty Insurance Company. (Bowman, Taylor) |
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Filing 14
ENDORSED ORDER granting #13 Motion to file a reply of no more than eight (8) pages on or before 1/14/2022. See the undersigned's webpage at the FLMD website regarding replies. Signed by Judge William F. Jung on 1/10/2022. (CCB)
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| Filing 13 MOTION for Miscellaneous Relief, specifically Leave to File Reply to Plaintiffs' Memorandum in Opposition to Motion to Dismiss by GeoVera Specialty Insurance Company. (Bowman, Taylor) |
| Filing 12 NOTICE of a related action per Local Rule 1.07(c) by GeoVera Specialty Insurance Company. Related case(s): No (Lehner, Steven) |
| Filing 11 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). (CAH) |
| Filing 10 NOTICE of Local Rule 1.07(c), Local Rule 3.02(a)(2), and Local Rule 3.03. -Local Rule 1.07(c) requires lead counsel to promptly file a Notice of a Related Action that identifies and describes any related action pending in the Middle District or elsewhere. -Local Rule 3.02(a)(2) 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. -Local Rule 3.03 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). (CAH) |
| Filing 9 NOTICE by GeoVera Specialty Insurance Company re #7 MOTION to Dismiss Plaintiffs' Complaint of Filing Exhibit "A" to Motion to Dismiss. (Bowman, Taylor) |
| Filing 8 MEMORANDUM in opposition re #7 Motion to Dismiss filed by Aaron Bullock, Mark O'Donnell. (Diaz, Aristides) |
| Filing 7 MOTION to Dismiss Plaintiffs' Complaint by GeoVera Specialty Insurance Company. (Bowman, Taylor) |
| Filing 6 CERTIFICATE of interested persons and corporate disclosure statement by GeoVera Specialty Insurance Company. (Bowman, Taylor) |
| Filing 5 NOTICE of Lead Counsel Designation by Aristides Diaz on behalf of Aaron Bullock, Mark O'Donnell. Lead Counsel: Aristides "Kico" Diaz, Esq. (Diaz, Aristides) |
| Filing 4 NOTICE of Lead Counsel Designation by Taylor Richard Bowman on behalf of GeoVera Specialty Insurance Company. Lead Counsel: Taylor R. Bowman. (Bowman, Taylor) |
| Filing 3 NOTICE to Defense Counsels of Local Rule 2.02(a), which requires designation of one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action. File a Notice of Lead Counsel Designation to identify lead counsel. (Signed by Deputy Clerk). (BD) |
| Filing 2 NEW CASE ASSIGNED to Judge William F. Jung and Magistrate Judge Christopher P. Tuite. New case number: 8:22-cv-00001-WFJ-CPT. (APV) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from Circuit Court of Thirteenth Judicial Circuit, case number 2021-CA-008544 filed in State Court on 10/26/2021. Filing fee $402, receipt number AFLMDC-19075512 filed by GeoVera Specialty Insurance Company. (Attachments: #1 State Court Complaint, #2 State Court Docket Sheet, #3 State Court Other Documents, #4 Civil Cover Sheet, #5 Affidavit Declaration in Support of Removal)(Bowman, Taylor) Modified on 1/3/2022 to correct docket text (BD) |
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