Lopez v. American Security Insurance Company
| Steven Lopez |
| American Security Insurance Company |
| 8:2023cv02205 |
| September 28, 2023 |
| US District Court for the Middle District of Florida |
| Virginia M Hernandez Covington |
| Julie S Sneed |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Insurance Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 21, 2023. A more recent docket listing may be available from PACER.
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Filing 20
ENDORSED ORDER: On November 7, 2023, this Court entered an order directing Plaintiff "to show cause why this case should not be dismissed for failure to prosecute diligently by November 17, 2023." (Doc. # 19). To date, Plaintiff has not submitted any filings responding to this order. Local Rule 3.10 provides that "[a] plaintiff's failure to prosecute diligently can result in dismissal if the plaintiff in response to an order to show cause fails to demonstrate due diligence and just cause for delay." As Plaintiff has not demonstrated due diligence and just cause for delay, this case is dismissed without prejudice. The Clerk is directed to close the case. Signed by Judge Virginia M. Hernandez Covington on 11/21/2023. (JAK)
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Filing 19
ENDORSED ORDER:The Court directed the parties to jointly file a Case Management Report by October 20, 2023. (Doc. # 6). After Defendant indicated that "Plaintiff's counsel ha[d] not responded to the request to meet-and-confer as directed by this Court" by the deadline (Doc. # 14 at 1), the Court directed the parties to file a unified Case Management Report by October 31, 2023, and notified Plaintiff that continued failure to participate in the case could lead to sanctions. (Doc. # 16). Defendant has now indicated that Plaintiff still has not responded to requests to create a unified Case Management Report by the extended deadline. (Doc. # 18 at 1). Additionally, Plaintiff still has not responded to the Court's order directing Plaintiff's counsel to show cause why his appearance should not be stricken from the record for not being permitted to practice in the Middle District of Florida. (Doc. # 13). Plaintiff's counsel also has not registered for CM/ECF access. (Id.). Therefore, Plaintiff is directed to show cause why this case should not be dismissed for failure to prosecute diligently by November 17, 2023. Signed by Judge Virginia M. Hernandez Covington on 11/7/2023. (JAK)
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| Filing 18 UNILATERAL CASE MANAGEMENT REPORT. (Docheva, Desislava) |
| Filing 17 NOTICE of Appearance by Michael Patrick Kaney on behalf of American Security Insurance Company (Kaney, Michael) |
| Set deadlines: Case management report due by 10/31/2023 (SPM) |
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Filing 16
ENDORSED ORDER: The parties to a civil case must file a Case Management Report prepared jointly through a planning conference. See Local Rule 3.02(a) (requiring that parties in a civil case "conduct the planning conference required by the Federal Rules of Civil Procedure" and "file a case management report"). The parties are directed to file a unified Case Management Report by October 31, 2023. Plaintiff is notified that if he continues to fail to participate in the case, the Court may impose sanctions on him. The Clerk is directed to mail the order to Plaintiff's counsel at the listed address, as well as to email this order to service@plglawyersfl.com. Signed by Judge Virginia M. Hernandez Covington on 10/24/2023. (JAK)
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| Filing 15 CERTIFICATE of interested persons and corporate disclosure statement by American Security Insurance Company identifying Corporate Parent Assurant, Inc., Other Affiliate Interfinancial, Inc. for American Security Insurance Company. (Docheva, Desislava) |
| Filing 14 UNILATERAL CASE MANAGEMENT REPORT. (Docheva, Desislava) |
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Filing 13
ORDER TO SHOW CAUSE: This matter comes before the Court sua sponte. Jonathan A. Perez is not permitted to practice in the Middle District of Florida. Accordingly, the Court directs counsel to show cause, in writing, why his appearance should not be stricken for failure to comply with Local Rule 2.01(a). Counsel has until November 1, 2023, to comply with this Order. Failure to do so will result in counsel's appearance being stricken from the record without further notice from the Court. Further, upon review of the file, the Court finds that the named counsel has not registered for CM/ECF access. Accordingly, the Court directs counsel to register for CM/ECF access by November 1, 2023. Signed by Judge Virginia M. Hernandez Covington on 10/18/2023. (MEJ)
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| Filing 12 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 11 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 10 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 9
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 10/18/2023. (MEJ)
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| Filing 8 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) |
| Filing 7 SUPPLEMENT in Support of Notice of Removal re 5 Order directing compliance by American Security Insurance Company. (Attachments: #1 Exhibit)(Docheva, Desislava) Modified on 10/13/2023 (SPM). |
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Filing 6
ENDORSED ORDER: Counsel are directed to meet and confer, in person or by telephone, and by October 20, 2023, 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 10/4/2023. (JAK)
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Filing 5
ENDORSED ORDER: On September 28, 2023, American Security Insurance Company removed this case from state court on the basis of diversity jurisdiction. (Doc. # 1). The Complaint does not specify the amount of damages sought, and when "damages are unspecified, the removing party bears the burden of establishing the jurisdictional amount by a preponderance of the evidence." Lowery v. Ala. Power Co., 483 F.3d 1184, 1208 (11th Cir. 2007). American Security argues that the amount in controversy is met because, during the course of litigation in state court, Lopez made a settlement demand for $105,000. (Doc. # 1 at 4). But demand letters do not automatically establish the amount in controversy. Lamb v. State Farm Fire Mut. Auto. Ins. Co., No. 3:10-cv-615-J-32JRK, 2010 WL 6790539, at *2 (M.D. Fla. Nov. 5, 2010) (stating that demand letters and settlement offers "do not automatically establish the amount in controversy for purposes of diversity jurisdiction"). Rather, courts evaluate whether demand letters "reflect puffing and posturing" or "whether they provide 'specific information to support the plaintiff's claim for damages.'" Id. at *2 (quoting Jackson v. Select Portfolio Servicing, Inc., 651 F. Supp. 2d 1279, 1281 (S.D. Ala. 2009)). Here, the settlement demand is not accompanied by any information justifying the amount, such as estimates of the cost of mitigating and remedying the leak in Lopez's roof. Therefore, the demand for $105,000 alone does not establish that the amount in controversy exceeds $75,000. In short, the record does not show by a preponderance of the evidence that the amount in controversy exceeds $75,000. Accordingly, American Security is directed to provide additional information establishing, if possible, that the amount in controversy requirement has been met by October 17, 2023. Signed by Judge Virginia M. Hernandez Covington on 10/4/2023. (JAK)
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| Set deadlines: Case management report due by 10/20/2023 (SPM) |
| Filing 4 ANSWER and affirmative defenses to Complaint by American Security Insurance Company.(Docheva, Desislava) |
| Filing 3 NOTICE TO COUNSEL Jonathan A. Perez 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). (JG) |
| Filing 2 NEW CASE ASSIGNED to Judge Virginia M. Hernandez Covington and Magistrate Judge Julie S. Sneed. New case number: 8:23-cv-02205-VMC-JSS. (JG) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from the Thirteenth Judicial Circuit Court for Hillsborough County, case number 2023-CA-014152 filed in State Court on 07/28/2023. Filing fee $402, receipt number BFLMDC-21303665 filed by American Security Insurance Company. (Attachments: #1 State Court COMPLAINT, #2 State Court Docket Sheet, #3 State Court Other Documents, #4 Civil Cover Sheet)(Docheva, Desislava) Modified on 9/29/2023 as to docket text (ARL). |
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| Plaintiff: Steven Lopez | |
| Represented By: | Jonathan A. Perez |
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| Defendant: American Security Insurance Company | |
| Represented By: | Desislava Docheva |
| Represented By: | Michael Patrick Kaney |
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