Schuldt v. GEICO General Insurance Company
Plaintiff: Daniel Schuldt
Defendant: GEICO General Insurance Company
Case Number: 8:2022cv01051
Filed: May 5, 2022
Court: US District Court for the Middle District of Florida
Presiding Judge: Sean P Flynn
Referring Judge: Mary S Scriven
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. § 1332 Diversity-Insurance Contract
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on June 29, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 29, 2022 Filing 29 TRANSMITTAL OF REMAND To State Court re #28 Order on Motion to Dismiss for Failure to State a Claim, Order on Motion to Remand to State Court, Order on Motion to Stay, Order on Motion for Miscellaneous Relief. (LSS)
June 28, 2022 Opinion or Order Filing 28 ORDER GRANTING IN PART AND DENYING IN PART #18 Plaintiff's Motion for Remand and for Award of Attorney's Fees and Costs. To the extent the Motion is granted, the Court directs the Clerk to REMAND this case to the 13th Judicial Circuit in and for Hillsborough County because this Court does not have subject matter jurisdiction under CAFA. To the extent it is denied, the Court denies Plaintiff's request for attorney's fees and costs. DENYING AS MOOT #21 Plaintiff's Motion to Stay Proceedings Pending Ruling on Plaintiff's Motion for Remand, #25 Plaintiff's Unopposed Motion for Leave to File a Reply in Support of His Motion to Remand, #12 Defendant Geico General Insurance Company's Motion and Supporting Memorandum to Dismiss Plaintiff's Complaint and Demand for Jury Trial, and #26 Defendant Geico General Insurance Company's Unopposed Motion for Leave to File a Reply in Support of its Motion to Dismiss. Signed by Judge Mary S. Scriven on 6/28/2022. (MTP)
June 16, 2022 Filing 27 RESPONSE in Opposition re #21 MOTION to Stay proceedings Pending Plaintiff's Motion for Remand and Memorandum of Law filed by GEICO General Insurance Company. (Goldfine, Dan)
June 16, 2022 Filing 26 Unopposed MOTION for Miscellaneous Relief, specifically Motion for Leave to File a Reply in Support of Motion to Dismiss by GEICO General Insurance Company. (Goldfine, Dan)
June 15, 2022 Filing 25 Unopposed MOTION for Miscellaneous Relief, specifically Leave to File Reply in Support of Plaintiff's Motion to Remand by Daniel Schuldt. (Woodford, Kyle)
June 14, 2022 Filing 24 CASE MANAGEMENT REPORT. (Woodford, Kyle)
June 10, 2022 Filing 23 RESPONSE in Opposition re #18 MOTION to Remand to State Court filed by GEICO General Insurance Company. (Attachments: #1 Exhibit 1 - Declaration of Jamie L. Halavais, #2 Exhibit 2 - Declaration of David Antonacci)(Goldfine, Dan)
June 7, 2022 Opinion or Order Filing 22 ENDORSED ORDER DENYING AS MOOT #15 Plaintiff's Unopposed Motion for Extension of Time to Respond to Defendant's Motion to Dismiss. Plaintiff filed its Response to Defendant Geico Insurance Company's Motion to Dismiss Plaintiff's Complaint on June 2, 2022. Signed by Judge Mary S. Scriven on 6/7/2022. (MTP)
June 3, 2022 Filing 21 MOTION to Stay proceedings Pending Plaintiff's Motion for Remand and Memorandum of Law by Daniel Schuldt. (Woodford, Kyle)
June 2, 2022 Filing 20 RESPONSE in Opposition re #12 MOTION to Dismiss for Failure to State a Claim And Supporting Memorandum filed by Daniel Schuldt. (Rothburd, Craig)
June 2, 2022 Filing 19 NOTICE of Appearance by Craig E. Rothburd on behalf of Daniel Schuldt (Rothburd, Craig)
May 27, 2022 Filing 18 MOTION to Remand to State Court by Daniel Schuldt. (Attachments: #1 Affidavit Affidavit of Kyle Woodford, Esquire)(Jeeves, Scott)
May 20, 2022 Filing 17 NOTICE of Lead Counsel Designation by Dan W. Goldfine on behalf of GEICO General Insurance Company. Lead Counsel: Dan W. Goldfine. (Goldfine, Dan)
May 19, 2022 Filing 16 NOTICE by GEICO General Insurance Company re #15 Unopposed MOTION for Extension of Time to File Response/Reply as to #12 MOTION to Dismiss for Failure to State a Claim And Supporting Memorandum Defendant, Geico General Insurance Company's Notice of Non-Opposition to Plaintiff's Motion for Extension of Time to Respond to Geico's Motion to Dismiss (Wenger, Kristen)
May 18, 2022 Filing 15 Unopposed MOTION for Extension of Time to File Response/Reply as to #12 MOTION to Dismiss for Failure to State a Claim And Supporting Memorandum by Daniel Schuldt. (Woodford, Kyle)
May 13, 2022 Filing 14 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). (GSO)
May 13, 2022 Opinion or Order Filing 13 ENDORSED ORDER granting Defendant's unopposed motions to appear pro hac vice (Docs. 9, 10, 11). Attorneys Claire Eichmann, Dan Goldfine, and Jamie Halavais may appear pro hac vice on behalf of Defendant. Within twenty-one (21) days of the date of this Order, counsel shall comply with Local Rule 2.01(b)(1)(G), which requires registration with the Middle District CM/ECF system. Signed by Magistrate Judge Sean P. Flynn on 5/13/2022. (ACS)
May 12, 2022 Filing 12 MOTION to Dismiss for Failure to State a Claim And Supporting Memorandum by GEICO General Insurance Company. (Marino, John)
May 12, 2022 Filing 11 Unopposed MOTION for Jamie L. Halavais to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-19561871 for $150 by GEICO General Insurance Company. (Marino, John) Motions referred to Magistrate Judge Sean P. Flynn.
May 12, 2022 Filing 10 Unopposed MOTION for Dan W. Goldfine to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-19561822 for $150 by GEICO General Insurance Company. (Marino, John) Motions referred to Magistrate Judge Sean P. Flynn.
May 12, 2022 Filing 9 Unopposed MOTION for Claire E. F. Eichmann to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-19561689 for $150 by GEICO General Insurance Company. (Marino, John) Motions referred to Magistrate Judge Sean P. Flynn.
May 11, 2022 Filing 8 CERTIFICATE of interested persons and corporate disclosure statement by Daniel Schuldt. (Jeeves, Scott)
May 11, 2022 Filing 7 NOTICE of Lead Counsel Designation by Scott R. Jeeves on behalf of Daniel Schuldt. Lead Counsel: Scott R. Jeeves. (Jeeves, Scott)
May 9, 2022 Filing 6 NOTICE of Lead Counsel Designation by John Patrick Marino on behalf of GEICO General Insurance Company. Lead Counsel: John P. Marino. (Marino, John)
May 5, 2022 Filing 5 CERTIFICATE of interested persons and corporate disclosure statement by GEICO General Insurance Company identifying Corporate Parent GEICO Corporation, Corporate Parent Berkshire Hathaway, Inc. for GEICO General Insurance Company. (Marino, John)
May 5, 2022 Filing 4 NOTICE to counsels Dan W. Goldfine, Jamie L. Halavais, Claire E. F. Eichmann of Local Rule 2.01(c), Special Admission of Non-Resident Lawyer - File a Motion to Appear Pro Hac Vice. Co-counsel with filing rights may electronically file the motion on behalf of the non-resident lawyer or the motion may be filed on paper; Pay the Special Admission Fee; (Signed by Deputy Clerk). (BD)
May 5, 2022 Filing 3 NOTICE 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)
May 5, 2022 Filing 2 NEW CASE ASSIGNED to Judge Mary S. Scriven and Magistrate Judge Sean P. Flynn. New case number: 8:22-cv-1051-MSS-SPF. (SJB)
May 5, 2022 Filing 1 COMPLAINT and NOTICE OF REMOVAL from Circuit Court of Hillsborough County, case number 22-CA-003176 filed in State Court on 04/18/2022. Filing fee $402, receipt number AFLMDC-19537985 filed by GEICO General Insurance Company. (Attachments: #1 State Court Complaint, #2 State Court Docket Sheet, #3 State Court Other Documents, #4 Civil Cover Sheet)(Marino, John) Modified on 5/5/2022 to correct docket text (BD).

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Plaintiff: Daniel Schuldt
Represented By: Casim Adam Neff
Represented By: Kyle Woodford
Represented By: Scott R. Jeeves
Represented By: Craig E. Rothburd
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Defendant: GEICO General Insurance Company
Represented By: Claire E. F. Eichmann
Represented By: Dan W. Goldfine
Represented By: Jamie L. Halavais
Represented By: Kristen Lindsay Wenger
Represented By: John Patrick Marino
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