Tropical Breeze Casino Cruz, LLC v. Markel American Insurance Company
Plaintiff: Tropical Breeze Casino Cruz, LLC
Defendant: Markel American Insurance Company and Ryan S. Mentier
Not Classified By Court: James R. Betts
Case Number: 8:2023cv02721
Filed: November 29, 2023
Court: US District Court for the Middle District of Florida
Presiding Judge: Natalie Hirt Adams
Referring Judge: Steven D Merryday
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. § 1332 Diversity-Notice of Removal
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on January 25, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 25, 2024 Filing 31 AMENDED COMPLAINT against Markel American Insurance Company with Jury Demand. Filed by Tropical Breeze Casino Cruz, LLC. (Attachments: #1 Exhibit Policy, #2 Exhibit complaint and demand jury trial, #3 Exhibit Denial letter)(Dowling, James)
January 23, 2024 Opinion or Order Filing 30 ENDORSED ORDER: The plaintiff moves (Doc. 27) unopposed to amend the complaint. The motion is GRANTED. No later than January 29, 2024, the plaintiff may amend the complaint. Signed by Judge Steven D. Merryday on 1/23/2024. (AP)
January 22, 2024 Filing 29 NOTICE by Markel American Insurance Company of Intent to Issue and Serve Subpoena (Attachments: #1 Subpoena)(Kaplan, James)
January 19, 2024 Filing 28 SUPPLEMENT re #27 Amended MOTION to Correct Plaintiff's Motion by Tropical Breeze Casino Cruz, LLC. (Dowling, James)
January 19, 2024 Filing 27 Amended MOTION to Correct Plaintiff's Motion by Tropical Breeze Casino Cruz, LLC. (Attachments: #1 Exhibit Insurance Policy)(Dowling, James) ***Counsel notified that page 8 of exhibit is upside down.*** Modified on 1/19/2024 (CTR).
January 17, 2024 Opinion or Order Filing 26 ENDORSED ORDER: The motion (Doc. 25) to amend the complaint violates Local Rule 3.01(f) and Local Rule 3.01(g)(2). The motion is DENIED WITHOUT PREJUDICE. Signed by Judge Steven D. Merryday on 1/17/2024. (AP)
January 16, 2024 Filing 25 First MOTION to Amend COMPLAINT by Tropical Breeze Casino Cruz, LLC. (Attachments: #1 Exhibit Amended Complaint, #2 Exhibit Proposed Order)(Dowling, James) Modified docket text on 1/16/2024 (JTM).
January 15, 2024 Filing 24 NOTICE OF SELECTION of James R. Betts, Esq as mediator by Tropical Breeze Casino Cruz, LLC. (Dowling, James)
January 10, 2024 Filing 23 CERTIFICATE of interested persons and corporate disclosure statement by Ryan S. Mentier. (McLaughlin, Kevin)
January 10, 2024 Filing 22 REPLY to #9 Counterclaim by Ryan S. Mentier. Related document: #9 Answer to Complaint Counterclaimfiled by Markel American Insurance Company. (McLaughlin, Kevin) Modified text on 1/11/2024 (GL).
January 10, 2024 Filing 21 NOTICE of a related action per Local Rule 1.07(c) by Ryan S. Mentier. Related case(s): Yes (McLaughlin, Kevin)
January 10, 2024 Filing 20 NOTICE of Lead Counsel Designation by Kevin M. McLaughlin on behalf of Ryan S. Mentier. Lead Counsel: Kevin McLaughlin. (McLaughlin, Kevin)
January 9, 2024 Opinion or Order Filing 19 ORDER appointing James R. Betts as mediator; designating Gerasimos Theophilopoulos as lead counsel; directing lead counsel to coordinate the date and time of mediation and to file a notice of mediation within seven days after this order; directing the parties to mediate not later than APRIL 12, 2024. Signed by Judge Steven D. Merryday on 1/9/2024. (AP)
January 9, 2024 Opinion or Order Filing 18 CASE MANAGEMENT AND SCHEDULING ORDER: Pre-trial conference scheduled for 02/24/2025 at 10 AM in Tampa Courtroom 9B before Magistrate Judge Natalie Hirt Adams; JURY trial set for the MARCH 2025 trial calendar in Tampa Courtroom 15A before Judge Steven D. Merryday. Signed by Judge Steven D. Merryday on 1/9/2024. (AP)
January 3, 2024 Filing 17 Case Reassigned to US Magistrate Judge Natalie Hirt Adams. New case number: 8:23-cv-02721-SDM-NHA. Magistrate Judge Unassigned Magistrate no longer assigned to the case. (SAO)
January 3, 2024 Filing 16 CASE MANAGEMENT REPORT. (Kaplan, James)
December 20, 2023 Filing 15 REPLY to #9 Counterclaim by Tropical Breeze Casino Cruz, LLC. Related document: #9 Answer to Complaint Counterclaimfiled by Markel American Insurance Company.(Dowling, James)
December 15, 2023 Filing 14 SUMMONS issued as to Ryan S. Mentier. (JK)
December 14, 2023 Filing 13 PROPOSED summons to be issued by Markel American Insurance Company. (Kaplan, James)
December 13, 2023 Filing 12 CORPORATE Disclosure Statement by Markel American Insurance Company identifying Corporate Parent Markel Group Inc. for Markel American Insurance Company.. (Kaplan, James)
December 13, 2023 Filing 11 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). (DAY)
December 12, 2023 Filing 10 NOTICE of a related action per Local Rule 1.07(c) by Markel American Insurance Company. Related case(s): Yes (Kaplan, James)
December 12, 2023 Filing 9 ANSWER and affirmative defenses to Complaint , COUNTERCLAIM against Tropical Breeze Casino Cruz, LLC, Ryan S. Mentier by Markel American Insurance Company. (Attachments: #1 Exhibit A)(Kaplan, James)
December 11, 2023 Filing 8 CERTIFICATE of interested persons and corporate disclosure statement by Tropical Breeze Casino Cruz, LLC. (Dowling, James)
December 4, 2023 Filing 7 NOTICE of a related action 23-003669 CAAXWS 6th Circuit Pasco County per Local Rule 1.07(c) by Tropical Breeze Casino Cruz, LLC. Related case(s): Yes (Dowling, James)
December 4, 2023 Filing 6 NOTICE of Lead Counsel Designation by James J. Dowling on behalf of Tropical Breeze Casino Cruz, LLC. Lead Counsel: Gerasimos Jerry Theophilopoulos. (Dowling, James)
November 30, 2023 Filing 5 NOTICE of Lead Counsel Designation by James M. Kaplan on behalf of Markel American Insurance Company. Lead Counsel: James M. Kaplan. (Kaplan, James)
November 30, 2023 Filing 4 NOTICE TO COUNSEL James M. Kaplan, James J. Dowling, Gerasimos (Jerry) Theophilopoulos of Local Rule 2.02(a), which states, "The first paper filed on behalf of a party must designate only one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action." Counsel must file a Notice of Lead Counsel Designation identifying lead counsel. (Signed by Deputy Clerk). (EAM)
November 30, 2023 Filing 3 NOTICE of Local Rule 1.07(c) and Local Rule 3.02(a)(2). -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. (Signed by Deputy Clerk). (DAY)
November 29, 2023 Filing 2 NEW CASE ASSIGNED to Judge Steven D. Merryday and Magistrate Judge Unassigned Magistrate. New case number: 8:23-cv-2721-SDM-UAM. (RLK)
November 29, 2023 Filing 1 COMPLAINT and NOTICE OF REMOVAL from the Sixth Judicial Circuit, Pasco County, case number 2023-004660CAAXWS filed in State Court on 10/30/2023. Filing fee $402, receipt number AFLMDC-21507445 filed by Markel American Insurance Company. (Attachments: #1 State Court COMPLAINT, #2 State Court Docket Sheet, #3 Exhibit A - Composite, #4 Exhibit B, #5 Exhibit C - Composite, #6 Civil Cover Sheet)(Kaplan, James) Modified on 11/30/2023 to edit docket text (EAM).

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Plaintiff: Tropical Breeze Casino Cruz, LLC
Represented By: Gerasimos (Jerry) Theophilopoulos
Represented By: James J. Dowling
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Defendant: Markel American Insurance Company
Represented By: James M. Kaplan
Represented By: Jeremy S. Baum
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Defendant: Ryan S. Mentier
Represented By: Kevin M. McLaughlin
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Not classified by court: James R. Betts
Represented By: James Robert Betts
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