Chappelle Roofing, LLC v. Westchester Surplus Lines Insurance Company
| Chappelle Roofing, LLC a/a/o John Davis and Chappelle Roofing, LLC |
| Westchester Surplus Lines Insurance Company |
| 8:2023cv00035 |
| January 6, 2023 |
| US District Court for the Middle District of Florida |
| Thomas P Barber |
| Mac R McCoy |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Insurance Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 3, 2023. A more recent docket listing may be available from PACER.
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| Filing 19 2ND NOTICE TO COUNSEL Blane Russell Wheeley 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. Pleas apply for membership in the Middle District, visit www.flmd.uscourts.gov/for-lawyers. (Signed by Deputy Clerk). (LSS) |
| Filing 18 NOTICE of hearing: Initial Case Management Conference set for MARCH 22, 2023, at 09:30 AM in Tampa Courtroom 14 A before Judge Thomas P. Barber. (SRC) |
| Filing 17 Defendant's ANSWER and affirmative defenses to Complaint by Westchester Surplus Lines Insurance Company.(Dickenson, John) |
| Filing 16 CASE MANAGEMENT REPORT. (Pasternack, Chad) |
| Filing 15 CORPORATE Disclosure Statement by Chappelle Roofing, LLC. (Farago, Franklin) |
Filing 14
ENDORSED ORDER: Defendant's "Motion to Dismiss for Failure to State a Claim" (Doc. #8) is denied. "Fed.R.Civ.P. 8(a)(2) requires that a pleading contain a short and plain statement of the claim showing that the pleader is entitled to relief in order to give the defendant fair notice of what the... claim is and the grounds upon which it rests." Am. Dental Ass'n v. Cigna Corp., 605 F.3d 1283, 1288 (11th Cir. 2010) (quoting Conley v. Gibson, 355 U.S. 41, 47 (1957)) (internal quotations omitted). The complaint in this case provides Defendant with adequate notice of Plaintiff's claims: Plaintiff alleges that defendant has breached their insurance contract. The issues Defendant has identified in its motion to dismiss are valid subjects of concern, but they can easily be resolved during discovery. Defendant is therefore directed to file an answer on or before February 21, 2023. Signed by Judge Thomas P. Barber on 2/1/2023. (AMI)
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| Filing 13 RESPONSE to Motion re #8 MOTION to Dismiss for Failure to State a Claim filed by Chappelle Roofing, LLC. (Groover, Jeffrey) |
| Filing 12 NOTICE of Appearance Appearance by Jeffrey D. Groover on behalf of Chappelle Roofing, LLC (Groover, Jeffrey) |
| Filing 11 SUPPLEMENT re #8 MOTION to Dismiss for Failure to State a Claim Certificate of Conferral Attempt by Westchester Surplus Lines Insurance Company. (Pasternack, Chad) |
| Filing 10 CERTIFICATE of interested persons and corporate disclosure statement by Westchester Surplus Lines Insurance Company identifying Corporate Parent Chubb Limited, Corporate Parent Chubb US Holdings, Inc., Corporate Parent Chubb Group Holdings, Inc. for Westchester Surplus Lines Insurance Company. (Pasternack, Chad) |
| Filing 9 NOTICE of a related action per Local Rule 1.07(c) by Westchester Surplus Lines Insurance Company. Related case(s): No (Pasternack, Chad) |
| Filing 8 MOTION to Dismiss for Failure to State a Claim by Westchester Surplus Lines Insurance Company. (Dickenson, John) |
| Filing 7 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). (SRC) |
| Filing 6 NOTICE to Counsel 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. Counsel must make their disclosures using the standard court form. The Disclosure Statement form can be found at www.flmd.uscourts.gov. (Signed by Deputy Clerk). (SRC) |
| Filing 5 NOTICE of Lead Counsel Designation by John David Dickenson on behalf of Westchester Surplus Lines Insurance Company. Lead Counsel: John David Dickenson. (Dickenson, John) |
| Filing 4 NOTICE to Defense counsel 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 3 NEW CASE ASSIGNED to Judge Thomas P. Barber and Magistrate Judge Mac R. McCoy. New case number: 8:23-cv-0035-TPB-MRM. (SJB) |
| Filing 2 NOTICE to counsel Blane Russell Wheeley 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). (SJB) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from the 6th Judicial Circuit In and For Pinellas County, Florida, case number 22-005670-CI filed in State Court on 12/02/22. Filing fee $402, receipt number AFLMDC-20371648 filed by Westchester Surplus Lines Insurance Company. (Attachments: #1 State Court COMPLAINT, #2 State Court Docket Sheet, #3 State Court Other Documents, #4 Civil Cover Sheet, #5 Exhibit 4 - Pl's LLC Annual Report, #6 Exhibit 5 - Arrest Documents)(Dickenson, John) Modified text on 1/9/2023 (KME). |
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