Penn-America Insurance Company v. Rock Hard Concrete, Inc. et al
| Penn-America Insurance Company |
| Rock Hard Concrete, Inc., Costa Homes, Inc., Howard Millian and Susan Millian |
| 8:2024cv00141 |
| January 16, 2024 |
| US District Court for the Middle District of Florida |
| Natalie Hirt Adams |
| Steven D Merryday |
| Insurance |
| 28 U.S.C. § 2201 Declaratory Judgment (Insurance) |
| Defendant |
Docket Report
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This docket was last retrieved on March 14, 2024. A more recent docket listing may be available from PACER.
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Filing 29
ENDORSED ORDER: Aaron Alfano's motion (Doc. #28) to withdraw as counsel for the plaintiff is DENIED for failure to comply with Rule 2.02(c)(1)(B)(i), which requires that a motion to withdraw includes a certificate that the lawyer has provided fourteen days' notice to the client or that the client consents to the withdrawal. The motion includes no certificate of the client's consent. Signed by Judge Steven D. Merryday on 3/14/2024. (CJR)
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| Filing 28 MOTION for Aaron Alfano to Withdraw as Attorney and Substitute Counsel by Penn-America Insurance Company. (Alfano, Aaron) Modified on 3/14/2024 as to docket text (ARL). |
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Filing 27
ENDORSED ORDER: The notice (Doc. #26) to substitute attorney of record and remove Aaron Alfano from the service list is STRICKEN for failure to comply with Local Rule 2.02. Aaron Alfano must move in compliance with Local Rule 2.02 to withdraw as an attorney for the plaintiff. Signed by Judge Steven D. Merryday on 3/13/2024. (CJR)
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| Filing 26 **STRICKEN per Order 27** NOTICE by Penn-America Insurance Company of Change of Attorney of Record (Arend, Erica) Modified on 3/14/2024 as to docket text (ARL). |
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Filing 25
ORDER granting Costa's motion (Doc. #22) to dismiss; dismissing without prejudice the indemnity claims. This action will proceed only as to Penn-America's duty to defend Costa in the underlying arbitration and Penn-America's duty to defend Rock Hard in the state-court action. Signed by Judge Steven D. Merryday on 3/6/2024. (CJR)
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| Filing 24 ANSWER and affirmative defenses to #10 Amended Complaint by Howard Millian, Susan Millian. (Taylor, Matthew) Modified docket text on 2/27/2024 (JTM). |
| Filing 23 RESPONSE in Opposition re #22 MOTION to Dismiss, or in the Alternative, Motion to Stay the Declarations on Duty to Indemnify filed by Penn-America Insurance Company. (Henry, Brian) |
| Filing 22 MOTION to Dismiss or in the Alternative, Motion to Stay the Declarations on Duty to Indemnify by Costa Homes, Inc. (Brockmeyer, Molly) Modified on 2/16/2024 (CTR). |
| Filing 21 ANSWER and affirmative defenses with Jury Demand to #10 Amended Complaint by Costa Homes, Inc.(Brockmeyer, Molly) Modified on 2/16/2024 (CTR). |
| Filing 20 NOTICE TO COUNSEL Molly Brockmeyer of Local Rule 2.01(b)(2)(B), which requires members of the Middle District bar to maintain with the clerk a current telephone number, mailing address, and email address. Update your contact information for the Middle District through PACER. (Signed by Deputy Clerk). (ARL) |
| Filing 19 NOTICE of Lead Counsel Designation by Molly Chafe Brockmeyer on behalf of Costa Homes, Inc. Lead Counsel: Molly Chafe Brockmeyer. (Brockmeyer, Molly) |
| Filing 18 NOTICE TO COUNSEL Matthew Taylor and Nick Alsaka of Local Rule 2.01(b)(2)(B), which requires members of the Middle District bar to maintain with the clerk a current telephone number, mailing address, and email address. Update your contact information for the Middle District through PACER. (Signed by Deputy Clerk). (ARL) |
| Filing 17 ANSWER and affirmative defenses to #1 Complaint by Howard Millian, Susan Millian.(Taylor, Matthew) |
| Filing 16 NOTICE of Appearance by Molly Chafe Brockmeyer on behalf of Costa Homes, Inc. (Brockmeyer, Molly) |
| Filing 15 NOTICE of Appearance by Anna Kelly Kegelmeyer, I on behalf of Costa Homes, Inc. (Kegelmeyer, Anna) |
| Filing 14 PROPOSED summons to be issued by Penn-America Insurance Company. (Henry, Brian) |
| Filing 13 PROPOSED summons to be issued by Penn-America Insurance Company. (Henry, Brian) |
| Filing 12 PROPOSED summons to be issued by Penn-America Insurance Company. (Henry, Brian) |
| Filing 11 PROPOSED summons to be issued by Penn-America Insurance Company. (Henry, Brian) |
| Filing 10 AMENDED COMPLAINT against All Defendants filed by Penn-America Insurance Company. Related document: #1 Complaint filed by Penn-America Insurance Company. (Attachments: #1 Exhibit A Policy PAV0264186, #2 Exhibit B Policy PAV0324838, #3 Exhibit C PL RRFA, #4 Exhibit D Demand for Arbitration, #5 Exhibit E Collective Ex. of Corp. Info)(Henry, Brian) |
| Filing 9 NOTICE of a related action per Local Rule 1.07(c) by Penn-America Insurance Company. Related case(s): Yes (Henry, Brian) |
| Filing 8 NOTICE of Lead Counsel Designation by Brian P. Henry on behalf of Penn-America Insurance Company. Lead Counsel: Brian P. Henry. (Henry, Brian) |
| Filing 7 SUMMONS issued as to Costa Homes, Inc., Howard Millian, Susan Millian, Rock Hard Concrete, Inc. (LNR) |
| Filing 6 NOTICE TO COUNSEL Aaron Alfano 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). (LNR) |
| Filing 5 NOTICE 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). (LNR) |
| Filing 4 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) |
| Filing 3 NEW CASE ASSIGNED to Judge Steven D. Merryday and Magistrate Judge Natalie Hirt Adams. New case number: 8:24-cv-141-SDM-NHA. (AA) |
| Filing 2 NOTICE of Appearance by Aaron Alfano on behalf of Penn-America Insurance Company. (Alfano, Aaron) |
| Filing 1 COMPLAINT against All Defendants (Filing fee $405 receipt number AFLMDC-21657482) filed by Penn-America Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Civil Cover Sheet, #6 Proposed Summons, #7 Proposed Summons, #8 Proposed Summons, #9 Proposed Summons)(Henry, Brian) |
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