Gibbons v. Howell et al
| Kenneth Gibbons |
| Michael Howell and Montenegro Restoration, Inc. |
| Rex Martin Barbas |
| 8:2026cv01232 |
| April 28, 2026 |
| U.S. District Court for the Middle District of Florida |
| Virginia M Hernandez Covington |
| T G Wilson |
| Motor Vehicle |
| 28 U.S.C. § 1441 Notice of Removal-Auto Negligence |
| Both |
Docket Report
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This docket was last retrieved on June 15, 2026. A more recent docket listing may be available from PACER.
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| Filing 25 NOTICE of Local Rule 1.11(e), which provides that, unless an order states another time, a seal under Rule 1.11 expires ninety days after a case is closed and all appeals are exhausted. To prevent the content of a sealed item from appearing on the docket after the seal expires, a party or interested non-party must move for relief before the seal expires. (Signed by Deputy Clerk). (JVC) |
Filing 24
ORDER: Plaintiff Kenneth Gibbons's Motion for Remand (Doc. #19) is GRANTED. The Clerk is directed to REMAND this case to state court and, thereafter, CLOSE this case. Signed by Judge Virginia M. Hernandez Covington on 6/15/2026. (ATI)
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Filing 23
ENDORSED ORDER striking the notice of mediation. (Doc. #22). The notice does not specify the location of the in-person conference. As the Case Management and Scheduling Order provides, the notice of mediation must inform the Court as to "the date, time, and location of the mediation conference." (Doc. #14 at 2). Lead Counsel is directed to file an amended notice of mediation by June 19, 2026, specifying the mediation location. Signed by Judge Virginia M. Hernandez Covington on 6/12/2026. (ATI)
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| Filing 22 ***STRIKEN per Order re 23*** NOTICE of mediation conference/hearing to be held on August 31, 2026 and 1:00 pm before Rex Martin Barbas. (Walker-Alicea, Karighan) Modified text on 6/12/2026 (AW). |
| Filing 21 RESPONSE in Opposition re #19 MOTION to Remand to State Court filed by Michael Howell. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit)(Valdes, Jody) |
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Filing 20
ENDORSED ORDER: Pursuant to the Case Management and Scheduling Order, the notice of mediation was due June 8, 2026. (Doc. #14 at 2). But no notice of mediation has been filed. Accordingly, Lead Counsel is directed to file the notice of mediation by June 11, 2026. The Court reiterates that it does not allow mediation by telephone or video conference. Personal attendance is required. Signed by Judge Virginia M. Hernandez Covington on 6/9/2026. (ATI)
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| Filing 19 MOTION to Remand to State Court by Kenneth Gibbons. (Attachments: #1 Exhibit Composite Exhibit A - Correspondence with Progressive, #2 Exhibit Exhibit B - Ptfs Initial Complaint, #3 Exhibit Exhibit C - Ptfs Initial Disclosures, #4 Exhibit Exhibit D - Ptfs Amended Complaint, #5 Exhibit Composite Exhibit E - Certificate from Secretary of State, #6 Exhibit Exhibit F - Ptfs Notice of Filing Proof of Service - Howell, #7 Exhibit Exhibit G - Ptfs Notice of Filing Proof of Service - Montenegro, #8 Exhibit Exhibit H - Ptfs Affidavit of Compliance - Howell, #9 Exhibit Exhibit I - Ptfs Affidavit of Compliance - Montenegro, #10 Exhibit Exhibit J - Correspondence from Counsel, #11 Exhibit Exhibit K - Def Counsel Notice of Appearance, #12 Exhibit Exhibit L - Montenegro Answer & Affirmative Defenses, #13 Exhibit Exhibit M - Howell Answer & Affirmative Defenses)(Walker-Alicea, Karighan) |
| Filing 18 NOTICE by Kenneth Gibbons Deposition of Defendant, Michael Howell (Walker-Alicea, Karighan) |
| Filing 17 AMENDED NOTICE of Deposition by Michael Howell (Valdes, Jody) Modified text on 5/21/2026 (BD). |
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Filing 16
ORDER regarding motions for summary judgment. See Order for details. Signed by Judge Virginia M. Hernandez Covington on 5/18/2026. (GSO)
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Filing 15
ENDORSED ORDER: In light of the Court's #14 Case Management and Scheduling Order, 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 5/18/2026. (GSO)
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Filing 14
CASE MANAGEMENT AND SCHEDULING ORDER: Discovery due by January 15, 2027. Dispositive motions due by February 15, 2027. Pretrial Conference scheduled for June 17, 2027, at 9:00 AM in Tampa Courtroom 14B before Judge Virginia M. Hernandez Covington. Jury Trial scheduled for the July 2027 trial calendar in Tampa Courtroom 14B before Judge Virginia M. Hernandez Covington. Conduct mediation by January 22, 2027. Lead counsel to coordinate dates. Signed by Judge Virginia M. Hernandez Covington on 5/18/2026. (GSO)
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| Filing 13 CASE MANAGEMENT REPORT. (Walker-Alicea, Karighan) |
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Filing 12
ENDORSED ORDER: On the basis of "Defendant Montenegro Restoration Inc.'s Notice of Acceptance of Plaintiff's Proposal for Settlement" (Doc. #11), this cause is hereby dismissed as to Montenegro Restoration, Inc. only, without prejudice and subject to the right of the parties, within 60 days of the date hereof, to submit a stipulated form of final order or judgment, or request an extension of time, should they so choose or for any party to move to reopen the action, upon good cause being shown. After that 60 day period, however, without further order, this dismissal shall be deemed with prejudice. Furthermore, the Court advises the parties that "good cause" exists to reopen an action when a settlement agreement has yet to be finalized because of various delays. But incomplete performance of an executed settlement agreement, such as the failure to disburse settlement funds, does not constitute good cause to reopen an action. This Court does not retain jurisdiction to ensure performance of a settlement agreement or consent judgment because such failure to perform should be addressed in a separate breach of contract action. The case remains open as to the claims against Defendant Michael Howell. Signed by Judge Virginia M. Hernandez Covington on 5/15/2026. (ATI)
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| Filing 11 NOTICE by Montenegro Restoration, Inc. Acceptance of Proposal for Settlement (Valdes, Jody) |
| Filing 10 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Michael Howell, Montenegro Restoration, Inc. (Valdes, Jody) Modified text on 5/6/2026 (AW). |
| Filing 9 NOTICE of Lead Counsel Designation by Jody M. Valdes on behalf of Michael Howell, Montenegro Restoration, Inc.. Lead Counsel: Jody Valdes. (Valdes, Jody) |
| Filing 8 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Kenneth Gibbons. (Crane, Allan) |
| Filing 7 NOTICE of Lead Counsel Designation by Allan Crosby Crane on behalf of Kenneth Gibbons. Lead Counsel: A. Crosby Crane, Esq. (Crane, Allan) Modified to remove extra period on 5/4/2026 (AA). |
| Filing 6 NOTICE of Appearance by Karighan Walker-Alicea on behalf of Kenneth Gibbons Appearance by Allan Crosby Crane on behalf of Kenneth Gibbons (Crane, Allan) |
| Filing 5 NOTICE of Local Rule 1.07(c) and Local Rule 3.03. -Local Rule 1.07(c) requires lead counsel to file promptly a Notice of a Related Action identifying and describing any related action either pending or closed in the Middle District or elsewhere. -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). (GSO) |
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Filing 4
ENDORSED ORDER: Counsel are directed to meet and confer, in person or by telephone, and by May 19, 2026, 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 4/29/2026. (ATI)
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Filing 3
STANDING ORDER regarding Discovery Motions. Signed by Magistrate Judge Thomas G. Wilson on 4/29/2026. (KMN)
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| Filing 2 NEW CASE ASSIGNED to Judge Virginia M. Hernandez Covington and Magistrate Judge Thomas G. Wilson. New case number: 8:26-cv-01232-VMC-TGW. (LAW) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from Hillsborough County Circuit Civil, case number 2025-CA-010150 filed in State Court on 10/10/2025. Filing fee $405, receipt number AFLMDC-24860054 filed by Montenegro Restoration, Inc., Michael Howell. (Attachments: #1 Civil Cover Sheet, #2 State Court COMPLAINT Exh A, #3 State Court Docket Sheet Exh B, #4 State Court Other Documents Exh B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F)(Valdes, Jody) Modified text to remove duplicate text on 5/1/2026 (AM). |
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