Publix Super Markets, Inc. v. ACE Property and Casualty Insurance Company et al
| Publix Super Markets, Inc. |
| ACE Property and Casualty Insurance Company, American Guarantee & Liability Insurance Company, Fireman's Fund Insurance Company, Great American Assurance Company, Great American Insurance Company of New York, Great American Spirit Insurance Company, The Hartford Fire Insurance Company, Indian Harbor Insurance Company, Liberty Insurance Underwriters, Inc., Liberty Mutual Fire Insurance Company, Liberty Surplus Insurance Corporation, National Fire & Marine Insurance Company, National Surety Corporation, Navigators Specialty Insurance Company, Ohio Casualty Insurance Company, St. Paul Fire & Marine Insurance Company, Steadfast Insurance Company, Twin City Fire Insurance Company and XL Insurance America, Inc. |
| 8:2022cv02569 |
| November 11, 2022 |
| US District Court for the Middle District of Florida |
| Charlene Edwards Honeywell |
| Anthony E Porcelli |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Insurance Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 9, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 74 CORPORATE Disclosure Statement by Fireman's Fund Insurance Company identifying Corporate Parent Allianz Global Risks US Insurance Company, Corporate Parent Allianz of America, Inc., Corporate Parent Allianz SE, Corporate Parent Allianz Europe B.V., Corporate Parent AGCS International Holding B.V., Corporate Parent Allianz Global Corporate & Specialty SE for Fireman's Fund Insurance Company.. (Russell, John) |
| Filing 73 CORPORATE Disclosure Statement by National Surety Corporation identifying Corporate Parent Fireman's Fund Insurance Company, Corporate Parent Allianz Global Risks US Insurance Company, Corporate Parent Allianz of America, Inc., Corporate Parent Allianz SE, Corporate Parent Allianz Europe B.V., Corporate Parent AGCS International Holding B.V., Corporate Parent Allianz Global Corporate & Specialty SE for National Surety Corporation.. (Russell, John) |
| Filing 72 NOTICE of compliance re 64 Order on Motion to Appear Pro Hac Vice, for Karen M. Dixon by American Guarantee & Liability Insurance Company, Steadfast Insurance Company (Kammer, Ronald) |
| Filing 71 NOTICE of compliance re 64 Order on Motion to Appear Pro Hac Vice, by Publix Super Markets, Inc. (Sugzda, Alexander) |
| Filing 70 NOTICE of compliance re 64 Order on Motion to Appear Pro Hac Vice, by Publix Super Markets, Inc. (Frenchman, Kenneth) |
Filing 69
ENDORSED ORDER granting #67 Motion to Appear Pro Hac Vice. Signed by Magistrate Judge Anthony E. Porcelli on 1/6/2023. (EPW)
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| Filing 68 NOTICE of Appearance by Latasha Lordes Chanell Scott on behalf of Liberty Insurance Underwriters, Inc., Liberty Mutual Fire Insurance Company, Liberty Surplus Insurance Corporation, Ohio Casualty Insurance Company (Scott, Latasha) |
| Filing 67 Amended MOTION for Karen Marie Dixon to appear pro hac vice by American Guarantee & Liability Insurance Company, Steadfast Insurance Company. (Attachments: #1 Exhibit A)(Kammer, Ronald) Motions referred to Magistrate Judge Anthony E. Porcelli. |
| Filing 66 CORPORATE Disclosure Statement by American Guarantee & Liability Insurance Company identifying Corporate Parent Zurich Insurance Group Ltd, a Swiss corporation, Other Affiliate Zurich American Insurance Company, a New York Corporation, Other Affiliate Zurich Insurance Company Ltd, a Swiss corporation, Other Affiliate Zurich Holding Company of America, Inc., a Delaware corporation for American Guarantee & Liability Insurance Company. (Kammer, Ronald) Modified text on 1/4/2023 (MCB). |
| Filing 65 CORPORATE Disclosure Statement by Steadfast Insurance Company identifying Corporate Parent Zurich Insurance Group Ltd, a Swiss corporation, Other Affiliate Zurich Holding Company of America, Inc., Other Affiliate Zurich American Insurance Company, Other Affiliate Zurich Insurance Company Ltd, a Swiss corporation for Steadfast Insurance Company. (Kammer, Ronald) Modified text on 1/4/2023 (MCB). |
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Filing 64
ENDORSED ORDER granting #55 Motion to Appear Pro Hac Vice; granting #56 Motion to Appear Pro Hac Vice; granting #57 Motion to Appear Pro Hac Vice; granting #58 Motion to Appear Pro Hac Vice; granting #59 Motion to Appear Pro Hac Vice; granting #61 Motion to Appear Pro Hac Vice; granting #62 Motion to Appear Pro Hac Vice; granting #63 Motion to Appear Pro Hac Vice. Attorneys Joshua A. Boggioni, Adam H. Fleischer, and Kevin F. Harris may appear pro hac vice on behalf of Defendants Great American Assurance Company, Great American Insurance Company of New York, and Great American Spirit Insurance Company. Attorneys Karen M. Dixon and Rebecca C. Dunn may appear pro hac vice on behalf of Defendants American Guarantee & Liability Insurance Company and Steadfast Insurance Company. Attorneys Kenneth H. Frenchman and Alexander M. Sugzda may appear pro hac vice on behalf of Publix Super Markets, Inc. Attorney Susan Koehler Sullivan may appear pro hac vice on behalf of Defendants ACE Property and Casualty Insurance Company. Within twenty-one (21) days of the date of this Order, Counsel shall comply with the fee and electronic filing requirements and file a notice of compliance with said requirements. Signed by Magistrate Judge Anthony E. Porcelli on 1/3/2023. (EPW)
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| Filing 63 MOTION for Susan Koehler Sullivan to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-20357292 for $150 by ACE Property and Casualty Insurance Company. (Warrington, Alfred) Motions referred to Magistrate Judge Anthony E. Porcelli. |
| Filing 62 MOTION for Alexander M. Sugzda to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-20356815 for $150 by Publix Super Markets, Inc. (Friedman, Robert) Motions referred to Magistrate Judge Anthony E. Porcelli. Modified text on 1/3/2023 (MCB). |
| Filing 61 MOTION for Kenneth H. Frenchman to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-20356688 for $150 by Publix Super Markets, Inc.. (Friedman, Robert) Motions referred to Magistrate Judge Anthony E. Porcelli. |
| Filing 60 CORPORATE Disclosure Statement by Great American Assurance Company, Great American Insurance Company of New York, Great American Spirit Insurance Company identifying Corporate Parent Great American Insurance Company for Great American Assurance Company, Great American Insurance Company of New York, Great American Spirit Insurance Company.. (Kammer, Ronald) |
| Filing 59 Unopposed MOTION for Rebecca C. Dunn to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-20346558 for $150 by American Guarantee & Liability Insurance Company, Steadfast Insurance Company. (Attachments: #1 Exhibit A. Certificate of Good Standing)(Kammer, Ronald) Motions referred to Magistrate Judge Anthony E. Porcelli. |
| Filing 58 Unopposed MOTION for Karen M. Dixon to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-20346526 for $150 by American Guarantee & Liability Insurance Company, Steadfast Insurance Company. (Attachments: #1 Exhibit A. Certificate of Good Standing)(Kammer, Ronald) Motions referred to Magistrate Judge Anthony E. Porcelli. |
| Filing 57 Unopposed MOTION for Kevin F. Harris to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-20346475 for $150 by Great American Assurance Company, Great American Insurance Company of New York, Great American Spirit Insurance Company. (Attachments: #1 Exhibit A. Certificate of Good Standing)(Kammer, Ronald) Motions referred to Magistrate Judge Anthony E. Porcelli. |
| Filing 56 Unopposed MOTION for Adam H. Fleischer to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-20346445 for $150 by Great American Assurance Company, Great American Insurance Company of New York, Great American Spirit Insurance Company. (Attachments: #1 Exhibit A. Certificate of Good Standing)(Kammer, Ronald) Motions referred to Magistrate Judge Anthony E. Porcelli. |
| Filing 55 Unopposed MOTION for Joshua A. Boggioni to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-20346367 for $150 by Great American Assurance Company, Great American Insurance Company of New York, Great American Spirit Insurance Company. (Attachments: #1 Exhibit A. Certificate of Good Standing)(Kammer, Ronald) Motions referred to Magistrate Judge Anthony E. Porcelli. |
| Filing 54 NOTICE of Appearance by Ronald L. Kammer on behalf of American Guarantee & Liability Insurance Company (Kammer, Ronald) |
| Filing 53 NOTICE of Appearance by Ronald L. Kammer on behalf of Steadfast Insurance Company (Kammer, Ronald) |
| Filing 52 NOTICE of Appearance by Ronald L. Kammer on behalf of Great American Assurance Company, Great American Insurance Company of New York, Great American Spirit Insurance Company (Kammer, Ronald) |
| Filing 51 NOTICE of compliance re 47 Order on Motion to Appear Pro Hac Vice, by ACE Property and Casualty Insurance Company (Sullivan, Daniel) |
| Filing 50 NOTICE of compliance re 47 Order on Motion to Appear Pro Hac Vice, by ACE Property and Casualty Insurance Company (Shuster, Michael) |
| Filing 49 NOTICE of compliance re 47 Order on Motion to Appear Pro Hac Vice, by ACE Property and Casualty Insurance Company (Kaminsky, Blair) |
| Filing 48 NOTICE of compliance re 47 Order on Motion to Appear Pro Hac Vice, by ACE Property and Casualty Insurance Company (Heidlage, Benjamin) |
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Filing 47
ENDORSED ORDER granting #43 Motion to Appear Pro Hac Vice; granting #44 Motion to Appear Pro Hac Vice; granting #45 Motion to Appear Pro Hac Vice; granting #46 Motion to Appear Pro Hac Vice. Attorneys Benjamin Heidlage, Michael Shuster, Daniel M. Sullivan, and Blair E. Kaminsky may appear pro hac vice on behalf of Defendant. Within twenty-one (21) days of the date of this Order, Counsel shall comply with the fee and electronic filing requirements and file a notice of compliance with said requirements. Signed by Magistrate Judge Anthony E. Porcelli on 12/22/2022. (EPW)
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| Filing 46 MOTION for Daniel M. Sullivan to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-20335199 for $150 by ACE Property and Casualty Insurance Company. (Warrington, Alfred) Motions referred to Magistrate Judge Anthony E. Porcelli. |
| Filing 45 MOTION for Blair E. Kaminsky to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-20335173 for $150 by ACE Property and Casualty Insurance Company. (Warrington, Alfred) Motions referred to Magistrate Judge Anthony E. Porcelli. |
| Filing 44 MOTION for Michael S. Shuster to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-20335108 for $150 by ACE Property and Casualty Insurance Company. (Warrington, Alfred) Motions referred to Magistrate Judge Anthony E. Porcelli. |
| Filing 43 MOTION for Benjamin F. Heidlage to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-20335073 for $150 by ACE Property and Casualty Insurance Company. (Warrington, Alfred) Motions referred to Magistrate Judge Anthony E. Porcelli. |
| Filing 42 NOTICE of Appearance by Kaylee Marie Chabarek on behalf of Fireman's Fund Insurance Company, National Surety Corporation (Chabarek, Kaylee) |
| Filing 41 NOTICE of Appearance by Matthew J. Lavisky on behalf of Liberty Insurance Underwriters, Inc., Liberty Mutual Fire Insurance Company, Liberty Surplus Insurance Corporation, Ohio Casualty Insurance Company (Lavisky, Matthew) |
| Filing 40 CERTIFICATE of interested persons and corporate disclosure statement by Navigators Specialty Insurance Company, The Hartford Fire Insurance Company, Twin City Fire Insurance Company. (Maza, Jorge) |
| Filing 39 NOTICE of Appearance by Jorge Alexander Maza on behalf of Navigators Specialty Insurance Company, The Hartford Fire Insurance Company, Twin City Fire Insurance Company (Maza, Jorge) |
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Filing 38
ENDORSED ORDER granting #34 Motion for Extension of Time to Answer. All Defendants answer or response due 1/26/2023. Signed by Magistrate Judge Anthony E. Porcelli on 12/21/2022. (EPW)
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| Filing 37 CORPORATE Disclosure Statement by St. Paul Fire & Marine Insurance Company identifying Corporate Parent The Travelers Companies, Inc. for St. Paul Fire & Marine Insurance Company. (Briscoe, Edward) Modified text on 12/21/2022 (MCB). |
| Filing 36 NOTICE of Appearance by John D. Russell on behalf of Fireman's Fund Insurance Company, National Surety Corporation (Russell, John) |
| Filing 35 CORPORATE Disclosure Statement by ACE Property and Casualty Insurance Company identifying Corporate Parent Chubb Limited, ultimate parent and an NYSE-listed publicly traded company, Other Affiliate INA Holdings Corporation, Other Affiliate ACE Property & Casualty Insurance Company for ACE Property and Casualty Insurance Company. (Warrington, Alfred) Modified text on 12/20/2022 (MCB). |
| Filing 34 Unopposed MOTION for Extension of Time to File Answer re #11 Amended Complaint, by All Defendants. (Attachments: #1 Main Document Memorandum of Law In Support of Unopposed Motion by Defendants for Extension to Respond to Amended Complaint)(Warrington, Alfred) Motions referred to Magistrate Judge Anthony E. Porcelli. |
| Filing 33 NOTICE of Appearance by Ashley Nichole Flynn on behalf of St. Paul Fire & Marine Insurance Company (Flynn, Ashley) |
| Filing 32 NOTICE of Appearance by Chloe Morgan Horton on behalf of St. Paul Fire & Marine Insurance Company (Horton, Chloe) |
| Filing 31 NOTICE of Appearance by Edward J. Briscoe on behalf of St. Paul Fire & Marine Insurance Company (Briscoe, Edward) |
| Filing 30 NOTICE of Appearance by James N. Hurley on behalf of St. Paul Fire & Marine Insurance Company (Hurley, James) |
| Filing 29 PROOF of service by Publix Super Markets, Inc. (Friedman, Robert) |
| Filing 28 PROOF of service by Publix Super Markets, Inc. (Friedman, Robert) |
| Filing 27 PROOF of service by Publix Super Markets, Inc. (Friedman, Robert) |
| Filing 26 PROOF of service by Publix Super Markets, Inc. (Friedman, Robert) |
| Filing 25 PROOF of service by Publix Super Markets, Inc. (Friedman, Robert) |
| Filing 24 PROOF of service by Publix Super Markets, Inc. (Friedman, Robert) |
| Filing 23 PROOF of service by Publix Super Markets, Inc. (Friedman, Robert) |
| Filing 22 PROOF of service by Publix Super Markets, Inc. (Friedman, Robert) |
| Filing 21 PROOF of service by Publix Super Markets, Inc. (Friedman, Robert) |
| Filing 20 PROOF of service by Publix Super Markets, Inc. (Friedman, Robert) |
| Filing 19 PROOF of service by Publix Super Markets, Inc. (Friedman, Robert) |
| Filing 18 PROOF of service by Publix Super Markets, Inc. (Friedman, Robert) |
| Filing 17 PROOF of service by Publix Super Markets, Inc. (Friedman, Robert) |
| Filing 16 PROOF of service by Publix Super Markets, Inc. (Friedman, Robert) |
| Filing 15 PROOF of service by Publix Super Markets, Inc. (Friedman, Robert) |
| Filing 14 PROOF of service by Publix Super Markets, Inc. (Friedman, Robert) |
| Filing 13 PROOF of service by Publix Super Markets, Inc. (Friedman, Robert) |
| Filing 12 PROOF of service by Publix Super Markets, Inc. (Friedman, Robert) |
| Filing 11 AMENDED COMPLAINT against ACE Property and Casualty Insurance Company, American Guarantee & Liability Insurance Company, Fireman's Fund Insurance Company, Great American Assurance Company, Great American Insurance Company of New York, Great American Spirit Insurance Company, Indian Harbor Insurance Company, Liberty Insurance Underwriters, Inc., Liberty Mutual Fire Insurance Company, Liberty Surplus Insurance Corporation, National Fire & Marine Insurance Company, National Surety Corporation, Navigators Specialty Insurance Company, Ohio Casualty Insurance Company, St. Paul Fire & Marine Insurance Company, Steadfast Insurance Company, The Hartford Fire Insurance Company, Twin City Fire Insurance Company, XL Insurance America, Inc. with Jury Demand. filed by Publix Super Markets, Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Friedman, Robert) Modified text on 11/21/2022 (MCB). |
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Filing 10
ORDERED: Plaintiff's complaint #1 is DISMISSED without prejudice as a shotgun pleading. The Court grants Plaintiff leave to file an amended complaint within FOURTEEN (14) DAYS from the date of this order, which must correct the deficiencies discussed herein. Failure to file an amended complaint within the time provided will result in the dismissal of this action, without prejudice, without further notice. Signed by Judge Charlene Edwards Honeywell on 11/17/2022. (MMS)
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| Filing 9 NOTICE of Lead Counsel Designation by Robert H. Friedman on behalf of Publix Super Markets, Inc.. Lead Counsel: Robert H. Friedman. (Friedman, Robert) |
| Filing 8 SUMMONS issued as to ACE Property and Casualty Insurance Company, American Guarantee & Liability Insurance Company, Fireman's Fund Insurance Company, Great American Assurance Company, Great American Insurance Company of New York, Great American Spirit Insurance Company, Indian Harbor Insurance Company, Liberty Insurance Underwriters, Inc., Liberty Mutual Fire Insurance Company, Liberty Surplus Insurance Corporation, National Fire & Marine Insurance Company, National Surety Corporation, Navigators Specialty Insurance Company, Ohio Casualty Insurance Company, St. Paul Fire & Marine Insurance Company, Steadfast Insurance Company, The Hartford Fire Insurance Company, Twin City Fire Insurance Company, XL Insurance America, Inc. (KME) |
| Filing 7 NOTICE to counsel Kenneth H. Frenchman, Alexander M. Sugzda, Jason D. Meyers 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; Submit a Pro Hac Vice E-File Registration through PACER. Visit www.flmd.uscourts.gov/for-lawyers for details (Signed by Deputy Clerk). (KME) |
| Filing 6 NOTICE to counsel Alexander M. Sugzda, Jason D. Meyers, Kenneth H. Frenchman, Robert H. Friedman 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). (KME) |
| Filing 5 CORPORATE Disclosure Statement by Publix Super Markets, Inc.. (Friedman, Robert) |
| 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). (BGS) |
| 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). (BGS) |
| Filing 2 NEW CASE ASSIGNED to Judge Charlene Edwards Honeywell and Magistrate Judge Anthony E. Porcelli. New case number: 8:22-cv-2569-CEH-AEP. (SJB) |
| Filing 1 COMPLAINT against ACE Property and Casualty Insurance Company, American Guarantee & Liability Insurance Company, Fireman's Fund Insurance Company, Great American Assurance Company, Great American Insurance Company of New York, Great American Spirit Insurance Company, Indian Harbor Insurance Company, Liberty Insurance Underwriters, Inc., Liberty Mutual Fire Insurance Company, Liberty Surplus Insurance Corporation, National Fire & Marine Insurance Company, National Surety Corporation, Navigators Specialty Insurance Company, Ohio Casualty Insurance Company, St. Paul Fire & Marine Insurance Company, Steadfast Insurance Company, The Hartford Fire Insurance Company, Twin City Fire Insurance Company, XL Insurance America, Inc. with Jury Demand (Filing fee $402 receipt number AFLMDC-20189874) filed by Publix Super Markets, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5)(Friedman, Robert) |
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