EMERALD COAST RESTAURANTS INC d/b/a Q'QUIGLEYS SEAFOOD AND OYSTER SPORTS BAR v. ASPEN SPECIALTY INSURANCE COMPANY
| Emerald Coast Restaurants Inc. d/b/a Q'Quigley's Seafood Steamer & oyster Sports Bar and EMERALD COAST RESTAURANTS INC |
| ASPEN SPECIALTY INSURANCE COMPANY |
| 3:2020cv05898 |
| October 22, 2020 |
| US District Court for the Northern District of Florida |
| HOPE T CANNON |
| T KENT WETHERELL |
| Insurance |
| 12 U.S.C. § 635 |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 18, 2020. A more recent docket listing may be available from PACER.
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| Filing 21 CLERK'S JUDGMENT re #20 Order on Motion to Dismiss for Failure to State a Claim. (90 Day Exhibit Return Deadline set for 3/18/2021.) (jcw) |
Filing 20
ORDER DISMISSING CASE. ORDERED that Defendant's motion to dismiss (Doc. #10 ) is GRANTED, the amended complaint is DISMISSED with prejudice, and the Clerk shall close the file. Signed by JUDGE T KENT WETHERELL II on 12/18/2020. (jcw)
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Filing 19
ORDER DENYING LEAVE TO FILE REPLY re #17 Motion for Leave to File. Signed by JUDGE T KENT WETHERELL II on 12/18/2020. (jcw)
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| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: #17 MOTION FOR LEAVE TO FILE A REPLY re #13 Response in Opposition to Motion, #18 Response in Opposition to Motion (jcw) |
| Filing 18 RESPONSE in Opposition re #17 MOTION for Leave to File re #13 Response in Opposition to Motion, REPLY filed by EMERALD COAST RESTAURANTS INC. (CHIAPPETTA, NICHOLAS) |
| Set/Reset Deadlines as to #17 MOTION FOR LEAVE TO FILE A REPLY re #13 Response in Opposition to Motion. (Internal deadline for referral to judge if response not filed earlier: 12/29/2020). (jcw) |
| Filing 17 MOTION FOR LEAVE TO FILE A REPLY re #13 Response in Opposition to Motion by ASPEN SPECIALTY INSURANCE COMPANY. (BERK, WILLIAM) Modified on 12/16/2020 to amend title (jcw). |
| Filing 16 NOTICE of Filing Supplemental Authority by EMERALD COAST RESTAURANTS INC re #13 Response in Opposition to Motion, (Attachments: #1 Supplement Supplemental Authority cited cases) (CHIAPPETTA, NICHOLAS) |
| Filing 15 NOTICE OF SUPPLEMENTAL AUTHORITY by ASPEN SPECIALTY INSURANCE COMPANY re #10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Amended Complaint (Attachments: #1 Exhibit El Novillo, #2 Exhibit SA Palm Beach, #3 Exhibit Graspa, #4 Exhibit ENT, #5 Exhibit Selane, #6 Exhibit BBMS, #7 Exhibit Toppers, #8 Exhibit Whiskey River, #9 Exhibit Zwillo, #10 Exhibit 4431, #11 Exhibit Hajer, #12 Exhibit Kessler, #13 Exhibit Fountain) (BERK, WILLIAM) |
| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: #13 RESPONSE in Opposition re #10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Amended Complaint. (mb) |
| Filing 14 NOTICE of Appearance by WILLIAM STEWART BERK on behalf of ASPEN SPECIALTY INSURANCE COMPANY (BERK, WILLIAM) |
| Filing 13 RESPONSE in Opposition re #10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Amended Complaint filed by EMERALD COAST RESTAURANTS INC. (Attachments: #1 Exhibit North State Deli, LLC d/b/a Luckys Delicatessen etal, #2 Exhibit State of Florida Executive Order, #3 Exhibit State of Florida Executive Order cont. & CISA Memorandum) (CHIAPPETTA, NICHOLAS) |
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Filing 12
ORDER granting #11 First MOTION for Extension of Time to File Response, and Plaintiff shall have until December 16, 2020, to respond to Defendant's motion to dismiss. (Response to motion due by 12/16/2020.) Signed by JUDGE T KENT WETHERELL II on 11/30/2020. (mb)
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| Filing 11 First MOTION for Extension of Time to File Response/Reply as to #10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Amended Complaint by EMERALD COAST RESTAURANTS INC. (CHIAPPETTA, NICHOLAS) |
| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: #11 First MOTION for Extension of Time to File Response/Reply as to #10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Amended Complaint (mb) |
| Set Deadlines re #10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Amended Complaint (Internal deadline for referral to judge if response not filed earlier: 12/2/2020). (mb) |
| Filing 10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Amended Complaint by ASPEN SPECIALTY INSURANCE COMPANY. (Attachments: #1 Affidavit Berk Declaration) (SWINDOLL, ALAN) |
| Filing 9 Corporate Disclosure Statement/Certificate of Interested Persons by EMERALD COAST RESTAURANTS INC. (CHIAPPETTA, NICHOLAS) |
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Filing 8
INITIAL SCHEDULING ORDER: Fed.R.Civ.P. 7.1 Corporate Disclosure Statement Deadline set for 11/19/2020. Rule 26 Meeting Report due by 12/21/2020. Discovery due by 3/4/2021. Signed by JUDGE T KENT WETHERELL II on 11/5/2020. (mb)
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| Filing 7 First AMENDED COMPLAINT Including Cerificate of Service against ASPEN SPECIALTY INSURANCE COMPANY, filed by EMERALD COAST RESTAURANTS INC. (Attachments: #1 Exhibit) (CHIAPPETTA, NICHOLAS) |
| Filing 6 First AMENDED COMPLAINT against ASPEN SPECIALTY INSURANCE COMPANY, filed by EMERALD COAST RESTAURANTS INC. (Attachments: #1 Exhibit) (CHIAPPETTA, NICHOLAS) |
| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: #7 Amended Complaint (please see proposed ISO). (mb) |
| Filing 5 Corporate Disclosure Statement/Certificate of Interested Persons by ASPEN SPECIALTY INSURANCE COMPANY identifying Corporate Parent ASPEN AMERICAN INSURANCE COMPANY, Corporate Parent ASPEN US HOLDINGS INC, Corporate Parent ASPEN (UK) HOLDINGS LIMITED, Corporate Parent ASPEN INSURANCE HOLDINGS LIMITED for ASPEN SPECIALTY INSURANCE COMPANY.. (SWINDOLL, ALAN) |
| Filing 4 NOTICE REGARDING ELECTRONIC FILING REQUIREMENT for NICHOLAS A CHIAPPETTA. (mb) |
| Filing 3 NOTICE REGARDING ADMISSION TO PRACTICE for NICHOLAS A CHIAPPETTA. (mb) |
| Filing 2 DOCKET ANNOTATION BY COURT: The parties in the above-referenced case were added to the docket incorrectly and will be corrected by the clerk. Party names are to be entered in all caps and without punctuation. For future reference: Please review the procedure for adding/creating new parties in the "Style Guide for Electronic Case Filing" and/or chapter 10 of the "CM/ECF Attorney User's Guide," available at www.flnd.uscourts.gov. (mb) |
| Filing 1 NOTICE OF REMOVAL by ASPEN SPECIALTY INSURANCE COMPANY from Circuit Court of the First Judicial Circuit in and for Okaloosa County, Florida, case number 2020CA002790C. ( Filing fee $ 400 receipt number AFLNDC-5722451.), filed by ASPEN SPECIALTY INSURANCE COMPANY. (Attachments: #1 Exhibit Index of Exhibits, #2 Exhibit Process Served Upon Aspen, #3 Exhibit Complaint, #4 Exhibit Order, #5 Exhibit State Court Docket, #6 Exhibit Anniello Declaration, #7 Exhibit Berk Declaration, #8 Exhibit Kammer Declaration, #9 Exhibit March 20 Facebook, #10 Exhibit April 26 Facebook, #11 Exhibit May 1 Facebook, #12 Exhibit May 2 Facebook, #13 Exhibit May 3 Facebook, #14 Exhibit May 4 Facebook, #15 Exhibit May 5 Facebook, #16 Civil Cover Sheet Federal Civil Cover Sheet) (SWINDOLL, ALAN) |
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| Plaintiff: Emerald Coast Restaurants Inc. d/b/a Q'Quigley's Seafood Steamer & oyster Sports Bar | |
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| Plaintiff: EMERALD COAST RESTAURANTS INC | |
| Represented By: | NICHOLAS A CHIAPPETTA |
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| Defendant: ASPEN SPECIALTY INSURANCE COMPANY | |
| Represented By: | ALAN HENRY SWINDOLL |
| Represented By: | WILLIAM STEWART BERK |
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