Clendenin v. Kennedy et al
| Charles F. Clendenin |
| Christopher W. Kennedy and GEICO General Insurance Company |
| Steven Strickland |
| 8:2023cv02155 |
| September 25, 2023 |
| US District Court for the Middle District of Florida |
| Virginia M Hernandez Covington |
| Julie S Sneed |
| Christopher P Tuite |
| Insurance |
| 28 U.S.C. § 1441 Notice of Removal |
| Both |
Docket Report
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Filing 38
ORDER: Plaintiff Charles F. Clendenin's Motion to Remand (Doc. #31) is GRANTED. The Clerk is directed to REMAND this case to the Circuit Court of the Tenth Judicial Circuit, in and for Polk County, Florida. Signed by Judge Virginia M. Hernandez Covington on 11/17/2023. (DMD)
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| Filing 37 MOTION to Stay Discovery Pending a Ruling on Plaintiff's Motion to Remand by Charles F. Clendenin. (Attachments: #1 Exhibit A - GEICO's Request for Production, #2 Exhibit B - GEICO's Notice of Production from Non-Party)(Marino, Stephen) |
| Filing 36 NOTICE by GEICO General Insurance Company Joint Notice Regarding Amended Location for Mediation (Angley, David) |
| Filing 35 NOTICE of supplemental authority re #31 MOTION to Remand to State Court by Charles F. Clendenin. (Attachments: #1 Exhibit A - DeBord v Hartford Order [DE 34], #2 Exhibit B - Klarenbeek v GEICO General Insurance Comp)(Marino, Stephen) Modified on 11/13/2023 (CTR). |
| Filing 34 RESPONSE in Opposition re #31 MOTION to Remand to State Court filed by GEICO General Insurance Company. (Angley, David) |
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Filing 33
ORDER appointing Steven A. Strickland, Esq. as mediator in this action. Mediation Conference set for 12/1/2023 at 09:30 AM. The Court directs that all counsel, parties, corporate representatives, and any other required claims professionals shall be present at the mediation conference with full authority to negotiate a settlement. The Court does not allow mediation by telephone or video conference. Personal attendance is required. Signed by Judge Virginia M. Hernandez Covington on 10/30/2023. (DMD)
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| Filing 32 NOTICE of mediation conference/hearing to be held on 12/1/2023 @ 9:30 a.m. before Steven A. Strickland.(Marino, Stephen) |
| Filing 31 MOTION to Remand to State Court by Charles F. Clendenin. (Attachments: #1 Exhibit A- Order, #2 Exhibit B- Letter)(Marino, Stephen) |
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Filing 30
ENDORSED ORDER: Defendant Christopher W. Kennedy's answer to the complaint was due October 2, 2023, and no answer has been filed. Yet, Plaintiff has not yet applied to the Clerk for entry of Clerk's default. Accordingly, the Court urges Plaintiff to promptly apply to the Clerk for entry of default in accordance with the Local Rules. See Local Rule 1.10(b) & (d). Signed by Judge Virginia M. Hernandez Covington on 10/24/2023. (DMD)
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| Filing 29 RESPONSE in Opposition re #18 MOTION to Dismiss Count I filed by Charles F. Clendenin. (Attachments: #1 Exhibit A- Opposition)(Marino, Stephen) |
| Filing 28 RESPONSE in Opposition re #19 MOTION to Dismiss Fraudulently Joined Defendant Christopher W. Kennedy filed by Charles F. Clendenin. (Attachments: #1 Exhibit A- Opposition)(Marino, Stephen) |
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Filing 27
ENDORSED ORDER: The Court rejects the parties' notice of mediation, which attempts to schedule a remote mediation to be held via Zoom. (Doc. #26). The Court explained in the Case Management and Scheduling Order that "The Court does not allow mediation by telephone or video conference. Personal attendance is required." (Doc. #21 at 10). Accordingly, the parties are directed to file an amended notice of mediation that schedules an in-person mediation by October 27, 2023. Signed by Judge Virginia M. Hernandez Covington on 10/20/2023. (DMD)
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| Filing 26 NOTICE of mediation conference/hearing to be held on December 1, 2023 at 9:30 a.m. before Steven A. Strickland, Esq.. (Marino, Stephen) |
| Filing 25 Case Reassigned to Magistrate Judge Julie S. Sneed. New case number: 8:23-cv-2155-VMC-JSS. Magistrate Judge Christopher P. Tuite no longer assigned to the case. (JNB) |
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Filing 24
ORDER: Upon review of the docket, the undersigned has determined that his recusal is warranted due to a financial interest in the subject matter in controversy. 28 U.S.C. 455(a). Accordingly, the Clerk of Court is directed to reassign this case to another magistrate judge by random draw and to provide notice to the parties of the newly designated magistrate judge. Signed by Magistrate Judge Christopher P. Tuite on 10/17/2023. (MEL)
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Filing 23
ORDER regarding motions for summary judgment. See Order for details. Signed by Judge Virginia M. Hernandez Covington on 10/12/2023. (MEJ)
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Filing 22
ENDORSED ORDER: In light of the Court's Case Management and Scheduling Order Doc. #21, 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 10/12/2023. (MEJ)
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Filing 21
CASE MANAGEMENT AND SCHEDULING ORDER: Final Pretrial Conference set for 10/17/2024 at 09:00 AM in Tampa Courtroom 14 B before Judge Virginia M. Hernandez Covington, Jury Trial set for the November 2024 Trial Term in Tampa Courtroom 14 B before Judge Virginia M. Hernandez Covington. Conduct mediation hearing by 5/10/2024. Lead counsel to coordinate dates. Signed by Judge Virginia M. Hernandez Covington on 10/12/2023. (MEJ)
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| Filing 20 CASE MANAGEMENT REPORT. (Angley, David) |
| Filing 19 MOTION to Dismiss Fraudulently Joined Defendant, Christopher W. Kennedy by GEICO General Insurance Company. (Attachments: #1 Exhibit 1)(Angley, David) |
| Filing 18 MOTION to Dismiss Count I by GEICO General Insurance Company. (Attachments: #1 Exhibit A)(Angley, David) |
| Filing 17 ANSWER and affirmative defenses to Complaint with Jury Demand by GEICO General Insurance Company. (Attachments: #1 Exhibit 1)(Angley, David) |
| Filing 16 STATUS report re: Service on Christopher W. Kennedy by Charles F. Clendenin. (Marino, Stephen) |
| Filing 15 CERTIFICATE of interested persons and corporate disclosure statement by Charles F. Clendenin. (Marino, Stephen) |
| Filing 14 NOTICE of a related action Notice of Pendency of Other Actions per Local Rule 1.07(c) by Charles F. Clendenin. Related case(s): Yes (Marino, Stephen) |
| Filing 13 NOTICE of Lead Counsel Designation by Stephen A. Marino, Jr on behalf of Charles F. Clendenin. Lead Counsel: Stephen A. Marino, Jr., Esq.. (Marino, Stephen) |
| Filing 12 NOTICE of a related action per Local Rule 1.07(c) by GEICO General Insurance Company. Related case(s): Yes (Angley, David) |
| Filing 11 CERTIFICATE of interested persons and corporate disclosure statement re 10 Notice to Counsel of Local Rule 3.03 by GEICO General Insurance Company identifying Corporate Parent Government Employees Insurance Company, Corporate Parent GEICO Corporation, Corporate Parent Berkshire Hathaway, Inc. for GEICO General Insurance Company. (Angley, David) |
| Filing 10 NOTICE of Local Rule 3.03, which 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). (MEJ) |
| Filing 9 NOTICE of Local Rule 1.07(c), which 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. (Signed by Deputy Clerk). (MEJ) |
| Filing 8 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). (MEJ) |
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Filing 7
ENDORSED ORDER: The Court is aware of the notice entered in this case, explaining that Local Rule 3.02(a)(2) requires the filing of a uniform case management report with forty or seventy days, depending on the circumstances of the case. However, under Local Rule 1.01(b), a judge can modify or suspend for all or part of an action the application of any rule, except Rule 1.05(a). This Court finds it beneficial to enter a fast-track scheduling order in certain categories of cases before entry of a case management and scheduling order. Additionally, in cases that are not fast-tracked, this Court finds it efficient to have the parties confer and file case management reports within 14 days after the defendant's responsive pleading is due or within 14 days after a case is removed to this Court. In light of this, the Court hereby suspends Local Rule 3.02(a)(2) in this case. At a time the Court deems appropriate, the Court will enter a further order in this case setting either a deadline to file a completed uniform case management report or various fast-track deadlines for the case. Signed by Judge Virginia M. Hernandez Covington on 9/26/2023. (MEJ)
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| Filing 6 NOTICE of Local Rule 3.02(a)(2), which 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. (Signed by Deputy Clerk). (MEJ) |
| Set/reset deadlines/hearings: Case management report due by 10/9/2023 Status Report due by 10/2/2023. (ARL) |
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Filing 5
ENDORSED ORDER: Counsel are directed to meet and confer, in person or by telephone, and by October 9, 2023, file a completed uniform 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 9/25/2023. (DMD)
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Filing 4
ENDORSED ORDER: Plaintiff is directed to file a status report on service on Defendant Christopher W. Kennedy by October 2, 2023. Signed by Judge Virginia M. Hernandez Covington on 9/25/2023. (DMD)
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| Filing 3 NEW CASE ASSIGNED to Judge Virginia M. Hernandez Covington and Magistrate Judge Christopher P. Tuite. New case number: 8:23-cv-2155-VMC-CPT. (AA) |
| Filing 2 NOTICE of Lead Counsel Designation by Megan Alexander on behalf of GEICO General Insurance Company. Lead Counsel: Megan E. Alexander. (Alexander, Megan) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from Polk County Circuit Court, case number 2023-ca-002357 filed in State Court on 03/21/2023. Filing fee $402, receipt number AFLMDC-21284777 filed by GEICO General Insurance Company. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 State Court COMPLAINT, #11 State Court Docket Sheet, #12 State Court Other Documents, #13 Civil Cover Sheet)(Angley, David) |
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