SEA Restoration and Construction v. Penn-American Insurance Company
| SEA Restoration and Construction other Tai Me Nhi, LLC doing business as Parkview Plaza |
| Penn-American Insurance Company |
| 8:2022cv01541 |
| July 8, 2022 |
| US District Court for the Middle District of Florida |
| Sean P Flynn |
| James S Moody |
| Insurance |
| 28 U.S.C. ยง 1332 Diversity-Notice of Removal |
| Plaintiff |
Docket Report
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| Document Text |
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Filing 16
ORDER: Defendant's Motion to Dismiss (Dkt. #9) is granted in part and denied in part. Plaintiff shall file an amended complaint that joins TAI ME NHI, LLC d/b/a Parkview Plaza as an additional plaintiff in this matter within fourteen (14) days of this Order. Failure to file an amended complaint by the deadline will result in this action being dismissed without prejudice and without further notice. Signed by Judge James S. Moody, Jr. on 8/30/2022. (SMB)
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| Filing 15 NOTICE of Co-Counsel Appearance by Christian A. Triay on behalf of Penn-American Insurance Company (Triay, Christian) |
| Filing 14 MEMORANDUM in opposition re #9 Motion to Dismiss filed by SEA Restoration and Construction. (Kandell, Scott) |
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Filing 13
CASE MANAGEMENT AND SCHEDULING ORDER: Discovery due by 9/29/2023; Dispositive motions due by 11/3/2023; Pretrial Conference set for THURSDAY, FEBRUARY 8, 2024 at 9:15 AM in Tampa Courtroom 17 before Judge James S. Moody, Jr. Jury Trial set on the MARCH 2024 trial term before Judge James S. Moody, Jr. Conduct mediation hearing by 7/31/2023. Lead counsel to coordinate dates. Signed by Judge James S. Moody, Jr. on 8/16/2022. (KAC)
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| Filing 12 CASE MANAGEMENT REPORT. (Chodos, Jason) |
| Filing 11 CERTIFICATE of interested persons and corporate disclosure statement re 3 Notice to Counsel of Local Rule, by Penn-American Insurance Company identifying Corporate Parent Global Indemnity Group, LLC for Penn-American Insurance Company. (Chodos, Jason) |
| Filing 10 NOTICE of a related action per Local Rule 1.07(c) by Penn-American Insurance Company. Related case(s): No (Chodos, Jason) |
| Filing 9 MOTION to Dismiss Complaint and Incorporated Memorandum of Law by Penn-American Insurance Company. (Attachments: #1 Exhibit "A" - Notices of Intent, #2 Exhibit "B" - Policy)(Chodos, Jason) |
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Filing 8
ENDORSED ORDER granting #7 Motion for Extension of Time to File Response. Defendant's deadline to respond to the complaint is extended to July 28, 2022. Signed by Judge James S. Moody, Jr on 7/11/2022. (JG)
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| Filing 7 Unopposed MOTION for Extension of Time to File Response/Reply as to #1 Notice of Removal,, by Penn-American Insurance Company. (Chodos, Jason) |
| Filing 6 NOTICE to counsel Cynthia Arellano, Scott Kandell 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). (SEG) |
| Filing 5 NOTICE to counsel Cynthia Arellano 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). (SEG) |
| Filing 4 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). (KAC) |
| Filing 3 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). (KAC) |
| Filing 2 NEW CASE ASSIGNED to Judge James S. Moody, Jr and Magistrate Judge Sean P. Flynn. New case number: 8:22-cv-1541-JSM-SPF. (SJB) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from Pinellas County Circuit Court, case number 22-002551-CI filed in State Court on 5/31/2022. Filing fee $402, receipt number AFLMDC-19751293 filed by Penn-American Insurance Company. (Attachments: #1 Exhibit "A" - SEA Fictitious Name Detail, #2 Exhibit "B" - GC Ocean, #3 Exhibit "C" - PA Insurance Dept., #4 Exhibit "D" - SEA 5/20/2022 Invoice, #5 Exhibit "E" - Penn-America 6/20/2022 Coverage Position Letter, #6 State Court COMPLAINT, #7 State Court Docket Sheet, #8 State Court Other Documents, #9 Civil Cover Sheet)(Chodos, Jason) |
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| Plaintiff: SEA Restoration and Construction other Tai Me Nhi, LLC doing business as Parkview Plaza | |
| Represented By: | Scott E. Kandell |
| Represented By: | Cynthia C. Arellano |
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| Defendant: Penn-American Insurance Company | |
| Represented By: | Jason M. Chodos |
| Represented By: | Christian A. Triay |
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