Perez v. American Security Insurance Company
| JOSE PEREZ |
| American Security Insurance Company |
| 8:2022cv02321 |
| October 10, 2022 |
| US District Court for the Middle District of Florida |
| Kathryn Kimball Mizelle |
| Christopher P Tuite |
| Insurance |
| 28 U.S.C. ยง 1332 Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 23, 2022. A more recent docket listing may be available from PACER.
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Filing 17
CASE MANAGEMENT AND SCHEDULING ORDER: Discovery due by July 31, 2023. Dispositive motions due by August 31, 2023. Pretrial Conference scheduled for February 8, 2024 at 1:30 PM in Tampa Courtroom 13B before Judge Kathryn Kimball Mizelle. Jury Trial scheduled for the March 2024 trial calendar in Tampa Courtroom 13B before Judge Kathryn Kimball Mizelle. Conduct mediation by August 18, 2023. Lead counsel to coordinate dates. Signed by Judge Kathryn Kimball Mizelle on 11/23/2022. (GSO)
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| Filing 16 CASE MANAGEMENT REPORT. (Koch, Brian) |
| Filing 15 RESPONSE in Opposition re #11 MOTION for Judgment on the Pleadings as to Count II and Incorporated Memorandum of Law filed by Jose Perez. (Wolfe, Scharome) |
| Filing 14 CERTIFICATE of interested persons and corporate disclosure statement re #3 Standing Order, by Jose Perez. (Wolfe, Scharome) |
| Filing 13 NOTICE of a related action per Local Rule 1.07(c) by Jose Perez. Related case(s): Yes (Wolfe, Scharome) |
| Filing 12 NOTICE of Appearance by Scharome Rayanne Wolfe on behalf of Jose Perez (Wolfe, Scharome) |
| Filing 11 MOTION for Judgment on the Pleadings as to Count II and Incorporated Memorandum of Law by American Security Insurance Company. (Koch, Brian) |
| Filing 10 Amended ANSWER and affirmative defenses to Complaint by American Security Insurance Company.(Koch, Brian) |
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Filing 9
ENDORSED ORDER: As required by Local Rule 3.03, Plaintiff must file a Certificate of Interested Persons and Corporate Disclosure Statement identifying parties and interested corporations in which any assigned judge may be a shareholder, as well as for other matters that might require consideration of recusal. Plaintiff must file the foregoing by using the attachment in this action's Civil Case Order. (Doc. #3.) Plaintiff must file the Disclosure Statement and Certification no later than November 2, 2022. Signed by Judge Kathryn Kimball Mizelle on 10/26/2022. (MEV)
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| Filing 8 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) |
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Filing 7
ENDORSED ORDER: Because Defendant filed its Motion to Dismiss #5 contemporaneously with its answer, it is denied as moot. See Fed. R. Civ. P. 12(b) ("A motion asserting any of these defenses must be made before pleading."); see also, e.g., Smith v. Bank of Am., N.A., No. 2:11-cv-676, 2014 WL 897032 (M.D. Fla. Mar. 6, 2014) (Steele, J.) (quotation omitted) ("An Answer filed contemporaneously with the filing of a Motion to Dismiss renders the motion moot and makes it 'procedurally impossible for the Court to rule on the motion to dismiss.'"); Brisk v. City of Miami Beach, 709 F. Supp. 1146, 1147 (S.D. Fla. 1989) (Nesbitt, J.) ("Under the unambiguous, mandatory language of Rule 12(b), a motion to dismiss must be made before an answer is filed."). Defendant may amend its answer to address the second count by October 31, 2022. Defendant may then file its challenge to that count as a motion for judgment on the pleadings if it so desires. Signed by Judge William F. Jung on 10/18/2022. (MEV)
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| Filing 6 ANSWER and affirmative defenses to Complaint (as to Count I) by American Security Insurance Company.(Koch, Brian) |
| Filing 5 MOTION to Dismiss Count II of Complaint and Supporting Memorandum of Law by American Security Insurance Company. (Koch, Brian) |
| Filing 4 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). (LNR) |
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Filing 3
CIVIL CASE STANDING ORDER: The parties shall meet and file a Case Management Report using the standard form on the Court's website within forty days after any defendant appears. Signed by Judge Kathryn Kimball Mizelle on 10/11/2022. (MEV)
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| Filing 2 NEW CASE ASSIGNED to Judge Kathryn Kimball Mizelle and Magistrate Judge Christopher P. Tuite. New case number: 8:22-cv-2321-KKM-CPT. (SJB) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from the 13th Judicial Circuit, Hillsborough County, case number 2022-CA-007564 filed in State Court on 09/07/2022. Filing fee $402, receipt number AFLMDC-20072564 filed by American Security Insurance Company. (Attachments: #1 Civil Cover Sheet, #2 State Court COMPLAINT, #3 State Court Docket Sheet, #4 Exhibit A - Hillsborough County Property Appraiser Report, #5 Exhibit B - Corporation Information, #6 Exhibit C - State Court Pleadings, #7 Exhibit D - Notice to State Court of Removal, #8 Exhibit E - Plaintiff's Estimate)(Koch, Brian) |
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| Plaintiff: JOSE PEREZ | |
| Represented By: | Scharome Rayanne Wolfe |
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| Defendant: American Security Insurance Company | |
| Represented By: | Brian H. Koch |
| Represented By: | Amber Nicole Massey |
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