Kinker v. American Reliable Insurance Company
Plaintiff: Patricia Kinker
Defendant: American Reliable Insurance Company
Case Number: 8:2023cv00087
Filed: January 12, 2023
Court: U.S. District Court for the Middle District of Florida
Presiding Judge: Sean P Flynn
Referring Judge: Charlene Edwards Honeywell
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. ยง 1332 Diversity-Breach of Contract
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on February 27, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 27, 2023 Filing 9 Remark : Received acknowledgment of transmittal of record to state court (Attachments: #1 Mailing Envelope) (MCB)
February 16, 2023 Opinion or Order Filing 8 ORDERED: This action is REMANDED to the Thirteenth Judicial Circuit in and for Hillsborough County, Florida. The Clerk is directed to send a certified copy of this order to the Clerk of Court for the Thirteenth Judicial Circuit in and for Hillsborough County, Florida. The Clerk is further directed to terminate all pending motions and CLOSE this case. Signed by Judge Charlene Edwards Honeywell on 2/16/2023. (MMS)
January 31, 2023 Filing 7 RESPONSE TO ORDER TO SHOW CAUSE re #6 Order to show cause filed by American Reliable Insurance Company. (Chodos, Jason)
January 17, 2023 Opinion or Order Filing 6 ORDERED: Defendant is directed to SHOW CAUSE as to why this action should not be remanded to the County Court of the Thirteenth Judicial Circuit in and for Hillsborough County, Florida, for lack of diversity jurisdiction under 28 U.S.C. 1332(a)(1). Defendant shall file a written response with the Court within FOURTEEN (14) DAYS from the date of this Order. Failure to respond to this Order within the time provided will result in this action being remanded to the County Court of the Thirteenth Judicial Circuit in and for Hillsborough County, Florida. Signed by Judge Charlene Edwards Honeywell on 1/17/2023. (MMS)
January 13, 2023 Filing 5 NOTICE to Defendant 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)
January 13, 2023 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)
January 13, 2023 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. 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). (BGS)
January 13, 2023 Filing 2 NEW CASE ASSIGNED to Judge Charlene Edwards Honeywell and Magistrate Judge Sean P. Flynn. New case number: 8:23-cv-87-CEH-SPF. (NAS)
January 12, 2023 Filing 1 COMPLAINT and NOTICE OF REMOVAL from 13th Judicial Circuit In and For Hillsborough County, Florida, case number 22-CC-098615 filed in State Court on 11/11/2022. Filing fee $402, receipt number AFLMDC-20397568 filed by American Reliable Insurance Company. (Attachments: #1 Exhibit "A" - Hillsborough County Property Appraiser, #2 Exhibit "B" - Hillsborough County Tax Collector, #3 Exhibit "C" - NAIC Website, #4 Exhibit "D" - FLOIR Website, #5 Exhibit "E" - CRN, #6 Exhibit "F" - Settlement Demand, #7 Exhibit "G" - Position Letter, #8 State Court COMPLAINT, #9 State Court ANSWER Motion to Dismiss Complaint, #10 State Court Docket Sheet, #11 State Court Other Documents Motion to Stay Discovery, #12 State Court Other Documents, #13 Civil Cover Sheet)(Chodos, Jason) Modified text on 1/13/2023 (KME).

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Plaintiff: Patricia Kinker
Represented By: Brittany Birs
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Defendant: American Reliable Insurance Company
Represented By: Jason M. Chodos
Represented By: Hayley Harrison Ryan
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