Soltoff v. Southern-Owners Insurance Company et al
| Paul Soltoff |
| Auto-Owners Insurance Company, RLI Insurance Company and Southern-Owners Insurance Company |
| 8:2022cv02691 |
| November 23, 2022 |
| US District Court for the Middle District of Florida |
| Virginia M Hernandez Covington |
| Sean P Flynn |
| Motor Vehicle |
| 28 U.S.C. § 1332 Diversity-Notice of Removal |
| Both |
Docket Report
RSS Track this Docket
This docket was last retrieved on January 19, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 24 ***STRICKEN; DISCOVERY PURSUANT TO RULE 26*** NOTICE by RLI Insurance Company Defendant's Initial Disclosures (Hermida, Roland) (MCB). Modified text and image on 1/19/2023 (MCB). |
| Filing 23 RESPONSE re #22 Notice (Other) RLI's Request for Copies filed by Southern-Owners Insurance Company. (Shadwick, Katherine) |
| Filing 22 NOTICE by RLI Insurance Company Request for Copies (Hermida, Roland) |
| Filing 21 Entered in error. (TWL) |
Filing 20
ORDER regarding motions for summary judgment. See Order for details. Signed by Judge Virginia M. Hernandez Covington on 12/27/2022. (TWL)
|
|
Filing 19
ENDORSED ORDER: In light of the Court's Case Management and Scheduling Order (Doc. #18), no case management hearing will be held. Additionally, in order to keep cases moving on track, the Court has found it necessary to impose some restrictions on the types and number of extensions to case management deadlines that it grants. Thus, the parties are advised that, while short extensions, especially if unopposed, will be favorably considered, the Court will not substantially move the dispositive motions deadline or the trial date. Signed by Judge Virginia M. Hernandez Covington on 12/27/2022. (TWL)
|
|
Filing 18
CASE MANAGEMENT AND SCHEDULING ORDER: Final Pretrial Conference set for 11/9/2023 at 9:00 AM in Tampa Courtroom 14 B before Judge Virginia M. Hernandez Covington, Jury Trial set for the December 2023 trial term in Tampa Courtroom 14 B before Judge Virginia M. Hernandez Covington. Conduct mediation hearing by 6/30/2023. Lead counsel to coordinate dates. Signed by Judge Virginia M. Hernandez Covington on 12/27/2022. (TWL)
|
| Filing 17 RESPONSE re #1 Notice of Removal Request for Copies filed by Southern-Owners Insurance Company. (Shadwick, Katherine) |
| Filing 16 CASE MANAGEMENT REPORT. (Leavengood, Ian) |
| Filing 15 NOTICE of a related action per Local Rule 1.07(c) by Southern-Owners Insurance Company. Related case(s): No (Shadwick, Katherine) |
| Filing 14 CERTIFICATE of interested persons and corporate disclosure statement by Southern-Owners Insurance Company. (Shadwick, Katherine) |
| Filing 13 NOTICE of Lead Counsel Designation by Katherine V. Shadwick on behalf of Southern-Owners Insurance Company. Lead Counsel: Katherine Shadwick. (Shadwick, Katherine) |
| Filing 12 CORPORATE Disclosure Statement by Paul Soltoff. (Leavengood, Ian) |
| Filing 11 NOTICE of a related action per Local Rule 1.07(c) by Paul Soltoff. Related case(s): No (Leavengood, Ian) Modified text on 11/30/2022 (MCB). |
| Filing 10 NOTICE of Lead Counsel Designation by Ian Richard Leavengood on behalf of Paul Soltoff. Lead Counsel: Ian R. Leavengood. (Leavengood, Ian) |
| Filing 9 NOTICE of Filing of Addendum to Renewed Notice of Removal by RLI Insurance Company (Hermida, Roland) Modified text on 11/30/2022 (MCB). |
| Filing 8 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). (KME) |
|
Filing 7
ENDORSED ORDER: Counsel are directed to meet and confer, in person or by telephone, and by December 19, 2022, file a completed Case Management Report. The Court believes that six to eight months is a sufficient period of time to conduct discovery in the vast majority of cases. If the parties believe that more than eight months will be needed to complete discovery, the parties should provide the Court with a detailed explanation as to why additional time is needed and a timeline for the discovery that is planned. After the Case Management Report is filed, the Court will determine whether a Case Management Hearing is necessary before entry of a Case Management and Scheduling Order. Signed by Judge Virginia M. Hernandez Covington on 11/28/2022. (CKW)
|
|
Filing 6
ORDER: The Court has reviewed the Notice of Removal filed by Defendant RLI Insurance Company along with the complaint filed in state court. See (Doc. #1). The Notice of Removal, however, does not state whether Defendant Auto-Owners Insurance Company consents to removal. Pursuant to 28 U.S.C. 1446(b)(2)(A), "all defendants who have been properly joined and served must join in or consent to the removal of the action." This "unanimity rule requires that all defendants consent to and join a notice of removal in order for it to be effective." Bailey v. Janssen Pharmaceutica, Inc., 536 F.3d 1202, 1207 (11th Cir. 2008); see also Russell Corp. v. Am. Home Assurance Co., 264 F.3d 1040, 1049 (11th Cir. 2001) ("[T]he law is well settled that in cases involving multiple defendants, all defendants must consent to the removal of a case to federal court."). If all defendants do not consent to removal, this constitutes a defect in removal procedure under 28 U.S.C. 1447(c), making removal improper. Gannon v. HSBC Card Servs., Inc., No. 3:10-CV-852-TJK-JRK, 2011 WL 2448912, at *1 (M.D. Fla. Apr. 5, 2011). In this District, a single defendant may satisfy the unanimity rule if the notice of removal contains an averment of the other defendants' consent and is signed by an attorney of record. Id. at *2. Accordingly, Defendant RLI Insurance is directed to file an addendum to its Notice of Removal addressing this deficiency by December 5, 2022. Signed by Judge Virginia M. Hernandez Covington on 11/28/2022. (CKW)
|
| Filing 5 CERTIFICATE of interested persons and corporate disclosure statement by RLI Insurance Company . (Hermida, Roland) Modified text on 11/28/2022 (MCB). |
| Filing 4 NOTICE of a related action per Local Rule 1.07(c) by RLI Insurance Company. Related case(s): No (Hermida, Roland) Modified text on 11/28/2022 (MCB). |
| Filing 3 NOTICE of Lead Counsel Designation by Roland A. Hermida, II on behalf of RLI Insurance Company. Lead Counsel: Roland A. Hermida II. (Hermida, Roland) |
| Filing 2 NEW CASE ASSIGNED to Judge Virginia M. Hernandez Covington and Magistrate Judge Sean P. Flynn. New case number: 8:22-cv-2691-VMC-SPF. (SJB) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from 6th Judicial Circuit In and For Pinellas County, Florida, case number 22-3831-CI filed in State Court on 8/8/2022. Filing fee $402, receipt number AFLMDC-20235086 filed by All Defendants. (Attachments: #1 Exhibit A Complaint, #2 Exhibit B Amended Complaint, #3 Exhibit B1, #4 Exhibit B2, #5 Exhibit C Answer, #6 Exhibit D Answer RLI, #7 Exhibit E, #8 State Court Other Documents , #9 State Court Docket Sheet, #10 Civil Cover Sheet)(Hermida, Roland) Modified text on 11/29/2022 (KME). |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Florida Middle District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
