FLOURNOY et al v. DOWD et al
| Ottist Flournoy and Ottisha Flournoy |
| JOHN DOWD, Benjamin Dowd and PROGRESSIVE AMERICAN INSURANCE COMPANY |
| 3:2021cv01032 |
| September 15, 2021 |
| US District Court for the Northern District of Florida |
| ZACHARY C BOLITHO |
| ELIZABETH M TIMOTHY |
| T KENT WETHERELL |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Auto Negligence |
| Both |
Docket Report
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Filing 58
ORDER OF DISMISSAL. Based on the parties' stipulation of dismissal with prejudice (Doc. #57 ), it is ORDERED that this case is dismissed with prejudice pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii) and the Clerk shall close the case file. Signed by JUDGE T KENT WETHERELL II on 02/24/23. (jfj)
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| Filing 57 NOTICE of Voluntary Dismissal by OTTIST FLOURNOY (SIMPSON, DAVID) |
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Filing 56
ORDER APPROVING SETTLEMENT AGREEMENT. Plaintiffs' unopposed motion to approve the settlement agreement (Doc. #51 ) is GRANTED, and the settlement agreement is APPROVED. The parties shall file a status report 30 days from the date of this Order if a stipulation of dismissal as to Ottisha's claims has not been filed by then. Signed by JUDGE T KENT WETHERELL II on 01/27/23. (Status Report due by 2/27/2023.) (jfj)
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| Filing 55 Sealed Document. Settlement Agreement and Release (jfj) |
| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: #55 Sealed Document. (jfj) |
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Filing 54
ORDER AUTHORIZING FILING UNDER SEAL. Upon due consideration of the parties' joint motion to file document under seal (Doc. #52 ), it is ORDERED that the motion is GRANTED, and the parties may file the settlement agreement under seal. Signed by JUDGE T KENT WETHERELL II on 01/18/23. (jfj)
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Filing 53
ORDER OF PARTIAL DISMISSAL. Based on the stipulation of dismissal with prejudice between Defendants and Plaintiff Ottist Flournoy (Ottist) in his individual capacity (Doc. #50 ), it is ORDERED that Ottist's individual-capacity claims against Defendants are dismissed with prejudice pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii). Ottist's claims on behalf of his daughter, Plaintiff Ottisha Flournoy, remain pending subject to the Courts review of the parties' motion to approve settlement agreement. Signed by JUDGE T KENT WETHERELL II on 01/18/23. (jfj)
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| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: #50 Notice of Voluntary Dismissal, #51 MOTION for Settlement, #52 MOTION to Seal Document. (jfj) |
| Filing 52 MOTION to Seal Document by OTTIST FLOURNOY. (SIMPSON, DAVID) |
| Filing 51 MOTION for Settlement by OTTIST FLOURNOY. (SIMPSON, DAVID) |
| Filing 50 NOTICE of Voluntary Dismissal by OTTIST FLOURNOY (SIMPSON, DAVID) |
| Set Deadline: Status Report due by 2/6/2023. (jfj) |
| Filing 49 STATUS REPORT Pltf and Def Joint Status Report by BENJAMIN DOWD, JOHN DOWD. (DISALVO, BROOKE) |
| Set Deadlines/Hearings re #46 Order. Status Report due by 1/12/2023. (alb) |
| Filing 48 NOTICE of Status Report by OTTISHA FLOURNOY, OTTIST FLOURNOY (SIMPSON, DAVID) |
| Filing 47 STATUS REPORT by JOHN DOWD. (DISALVO, BROOKE) |
| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: #46 Order. Status Report due by 12/8/2022. (Status Report not filed.) (jfj) |
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Filing 46
ORDER. Based on Plaintiffs' notice of settlement (Doc. #44 ), it is ORDERED that the parties shall file a status report 30 days from the date of this Order (and every 30 days thereafter) if a motion to approve the settlement or a stipulation of dismissal is not filed by then. Signed by JUDGE T KENT WETHERELL II on 11/08/22. (Status Report due by 12/8/2022.) (jfj)
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Filing 45
ORDER denying #41 Motion to Compel as moot. Plaintiffs have filed a Notice of Settlement indicating that the parties have settled the case in its entirety #44 . In light of the parties' settlement, Defendants' pending motion to compel #41 is denied as moot. Signed by MAGISTRATE JUDGE ZACHARY C BOLITHO on 11/7/2022. (hmw)
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| Filing 44 NOTICE of Settlement by OTTIST FLOURNOY (SIMPSON, DAVID) |
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Filing 43
ORDER GRANTING PARTIAL SUMMARY JUDGMENT REGARDING THE INAPPLICABILITY OF THE "PERMANENT INJURY THRESHOLD" IN 627.737(2), FLA. STAT. Ottisha's motion for partial summary judgment (Doc. #30 ) on the inapplicability of the "permanent injury threshold" is GRANTED. Signed by JUDGE T KENT WETHERELL II on 10/31/22. (jfj)
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Filing 42
ORDER. The Court, therefore, ORDERS the counsel to confer telephonically or in person regarding the issues raised in the Motion to Compel #41 . That conference shall occur on or before November 1, 2022. During that conference, the Court expects counsel to endeavor in good faith to resolve the issues raised in the Motion to Compel. If counsel resolve the issues in the Motion to Compel, they should file a joint notice advising the Court that the matter has been resolved. If the issues are not resolved after having an in person or telephonic conference, then Plaintiffs should file a response to the Motion to Compel on or before November 8, 2022. (SEE FULL ORDER.) Signed by MAGISTRATE JUDGE ZACHARY C BOLITHO on 10/26/22. (jfj)
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| Filing 41 MOTION to Compel Depositions by BENJAMIN DOWD, JOHN DOWD. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit) (DISALVO, BROOKE) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE ZACHARY C BOLITHO notified that action is needed Re: #41 DEFENDANTS, JOHN AND BENJAMIN DOWD'S MOTION TO COMPEL DEPOSITIONS. Referred to ZACHARY C BOLITHO. (Internal deadline for referral to judge if response not filed earlier: 11/8/2022).) (jfj) |
| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: #30 MOTION for Summary Judgment, #36 Response to Motion, #40 Reply to Response to Motion. (jfj) |
| Filing 40 REPLY to Response to Motion re #30 MOTION for Summary Judgment filed by OTTISHA FLOURNOY. (Attachments: #1 Exhibit USAA PIP vs. MedPay) (SIMPSON, DAVID) |
| Filing 39 NOTICE of Acceptance of Proposal for Settlement by JOHN DOWD (DISALVO, BROOKE) |
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Filing 38
ORDER OF PARTIAL DISMISSAL. The notice of partial voluntary dismissal (Doc. #37 ) is treated as a motion under Fed. R. Civ. P. 41(a)(2) and is GRANTED. The claims against Progressive American Insurance Company are DISMISSED with prejudice and the Clerk shall terminate Progressive as a defendant in CM/ECF. Signed by JUDGE T KENT WETHERELL II on 10/20/22. (jfj)
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| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: #39 DEFENDANT, JOHN DOWD'S NOTICE OF ACCEPTANCE OF PLAINTIFF OTTISHA FLOURNOY'S PROPOSAL FOR SETTLEMENT. (jfj) |
| Filing 37 NOTICE of Voluntary Dismissal by OTTIST FLOURNOY (SIMPSON, DAVID) |
| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: #37 STATUS REPORT AND NOTICE OF PARTIAL VOLUNTARY DISMISSAL PURSUANT TO F.R.C.P. 41(a). (jfj) |
| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: #28 Order. Plaintiffs and Progressive American Insurance Company - Status Report due by 10/11/2022. (Status report not filed.) (jfj) |
| Filing 36 RESPONSE to Motion re #30 MOTION for Summary Judgment filed by BENJAMIN DOWD, JOHN DOWD. (Attachments: #1 Exhibit Affidavit) (DISALVO, BROOKE) |
| Set Deadline: Reply to #36 Response due by 10/20/2022. (jfj) |
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Filing 34
ORDER EXTENDING DEADLINES. Plaintiff's motion (Doc. #29 ) is GRANTED, and Defendants' motion (Doc. #32 ) is DENIED. The expert disclosure deadlines are extended to September 19, 2022, for Plaintiff and 45 days after the date of this Order (November 21, 2022) for Defendants. The discovery deadline is extended to 60 days after Defendants' expert disclosure deadline (January 20, 2023), and deadlines in the scheduling order (Doc. #16 ) tied to the discovery deadline shall now run from that date. No further extensions of the discovery deadline will be granted absent unanticipated extraordinary circumstances, so the parties shall govern themselves accordingly. Signed by JUDGE T KENT WETHERELL II on 10/06/22. (Discovery due by 1/20/2023. Mediation to take place by 2/3/2023. Mediation Report due by 2/10/2023. Dispositive Motions to be filed by 2/17/2023.) (jfj)
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| Filing 35 Minute Entry for proceedings held before JUDGE T KENT WETHERELL II: Telephone Conference held on 10/5/2022. #29 Motion for Extension Granted, #32 Motion to Strike Denied. New deadlines established as set out in #34 Order entered (Court Reporter Julie Wycoff). (pmc) |
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Filing 33
NOTICE OF TELEPHONIC CONFERENCE. TAKE NOTICE that a telephonic conference in this case has been set before Judge T. Kent Wetherell as described below: DATE: Wednesday, October 5, 2022, TIME: 4:00 P.M. C.T. (SEE FULL ORDER) Signed by JUDGE T KENT WETHERELL II on 10/03/22. (Telephonic Conference set for 10/5/2022 at 04:00 PM before JUDGE T KENT WETHERELL II.) (jfj)
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| Filing 32 MOTION to Strike Plaintiff's Experts (with corrected Exhibit A) by BENJAMIN DOWD, JOHN DOWD. (Internal deadline for referral to judge if response not filed earlier: 10/13/2022). (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit) (DISALVO, BROOKE) |
| Filing 31 MOTION to Strike Plaintiff's Experts by BENJAMIN DOWD, JOHN DOWD. (Internal deadline for referral to judge if response not filed earlier: 10/13/2022). (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit) (DISALVO, BROOKE) Modified/Terminated on 9/30/2022 (jfj). |
| Filing 30 MOTION for Summary Judgment by OTTISHA FLOURNOY. (Internal deadline for referral to judge if response to summary judgment not filed earlier: 10/13/2022). (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit) (SIMPSON, DAVID) |
| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: #29 PLAINTIFF OTTISHA FLOURNOY'S MOTION TO DEEM RULE 26(A)(2) EXPERT DISCLOSURES TIMELY FILED PURSUANT TO STIPULATION AND EXTEND DISCOVERY. (jfj) |
| Filing 29 MOTION for Extension of Time to Complete Discovery by OTTISHA FLOURNOY. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit) (SIMPSON, DAVID) |
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Filing 28
ORDER. Based on the mediator's report (Doc. #27 ) representing that a portion of this case was resolved at mediation, it is ORDERED that Plaintiffs and Progressive American Insurance Company shall file a status report 30 days from the date of this Order (and every 30 days thereafter) if a stipulation of dismissal is not filed by then with respect to the claims against Progressive. Signed by JUDGE T KENT WETHERELL II on 09/09/22. (Plaintiffs and Progressive American Insurance Company - Status Report due by 10/11/2022.) (jfj)
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| Filing 27 MEDIATION REPORT - Impasse. (KIRKLAND, BRIAN) |
| Filing 26 Amended NOTICE OF MEDIATION re Scheduling KIRKLAND, BRIAN (KIRKLAND, BRIAN) |
| Filing 25 First NOTICE OF MEDIATION re Scheduling KIRKLAND, BRIAN (KIRKLAND, BRIAN) |
| Filing 24 AMENDED DOCUMENT by BENJAMIN DOWD, JOHN DOWD. Amendment to #11 Answer to Complaint . (DISALVO, BROOKE) |
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Filing 23
ORDER denying #20 Motion to Compel. Pursuant to the parties' Joint Notice of Resolution of Plaintiff's Motion to Compel (Doc. 22), the Court denies Plaintiff's Motion to Compel as moot. Signed by MAGISTRATE JUDGE ZACHARY C BOLITHO on 6/29/2022. (hmw)
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| Filing 22 RESPONSE to Motion re #20 MOTION to Compel Answers to Interrogatories and Responses to Request for Production of Documents and Supporting Memorandum of Law filed by BENJAMIN DOWD, JOHN DOWD. (DISALVO, BROOKE) |
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Filing 21
ORDER. The Court ORDERS the parties to confer telephonically or in person regarding the issues raised in the Motion to Compel #20 . That conference shall occur on or before June 24, 2022. If the parties are unable to resolve the issues after having a conversation, then Defendants should file a response to the Motion to Compel on or before June 29, 2022. (SEE FULL ORDER) Signed by MAGISTRATE JUDGE ZACHARY C BOLITHO on 06/17/22. (Attorney Conference to take place by 6/24/2022. Response to motion due by by 6/29/2022.) (jfj)
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| Filing 20 MOTION to Compel Answers to Interrogatories and Responses to Request for Production of Documents and Supporting Memorandum of Law by OTTISHA FLOURNOY, OTTIST FLOURNOY. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E) (SIMPSON, JONATHAN) |
| Set Deadlines re: Doc. #20 PLAINTIFF OTTIST FLOURNOY'S MOTION TO COMPEL ANSWERS TO INTERROGATORIES AND RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS AND SUPPORTING MEMORANDUM OF LAW. (Internal deadline for referral to judge if response not filed earlier: 6/29/2022). (jfj) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE ZACHARY C BOLITHO notified that action is needed Re: #20 PLAINTIFF OTTIST FLOURNOY'S MOTION TO COMPEL ANSWERS TO INTERROGATORIES AND RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS AND SUPPORTING MEMORANDUM OF LAW. Referred to ZACHARY C BOLITHO. (jfj) |
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Filing 19
ORDER REASSIGNING CASE. Case reassigned to MAGISTRATE JUDGE ZACHARY C BOLITHO for all further proceedings. MAGISTRATE JUDGE ELIZABETH M TIMOTHY no longer assigned to case. Signed by CHIEF JUDGE MARK E WALKER on 5/23/2022. (erl)**Please use the new judge's initials for all future filings: 3:21cv1032-TKW-ZCB.
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Filing 18
ORDER EXTENDING DEADLINES. Upon due consideration of the parties' joint stipulation and motion for extension of deadlines (Doc. #17 ), it is ORDERED that the motion is GRANTED, and The discovery deadline is extended by 120 days to September 30, 2022. All deadlines in the scheduling order (Doc. #16 ) tied to the discovery deadline are extended likewise. The expert disclosure deadlines are similarly extended by 120 days.( SEE FULL ORDER.) Signed by JUDGE T KENT WETHERELL II on 04/04/22. (Discovery due by 9/30/2022. Mediation to take place by 10/14/2022. Mediation Report due by 10/21/2022. Dispositive Motions to be filed by 10/28/2022.) (jfj)
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| Filing 17 MOTION to Extend Time by OTTISHA FLOURNOY, OTTIST FLOURNOY. (SIMPSON, JONATHAN) |
| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: #17 JOINT STIPULATION AND MOTION FOR EXTENSION OF DEADLINES SET FORTH IN COURT'S NOVEMBER 9, 2021 ORDER. (jfj) |
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Filing 16
SCHEDULING AND MEDIATION ORDER Re: #12 Report of Rule 26(f) Planning Meeting: Discovery due by 6/1/2022. The deadline for filing motions for summary judgment or other potentially dispositive motions is 6/29/2022. Mediation to take place by 6/15/2022. Mediation Report due by 6/22/2022. Signed by JUDGE T KENT WETHERELL II on 11/09/21. (jfj)
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Filing 15
ORDER denying #14 Plaintiffs Motion to Advance Trial on Docket. Signed by JUDGE T KENT WETHERELL II on 11/09/21. (jfj)
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| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE ELIZABETH M TIMOTHY notified that action is needed Re: #12 Report of Rule 26(f) Planning Meeting. (jfj) |
| Set Deadlines #14 PLAINTIFFS MOTION TO ADVANCE TRIAL ON DOCKET AND INCORPORATED MEMORANDUM OF LAW. (Internal deadline for referral to judge if response not filed earlier: 11/22/2021). (jfj) |
| Filing 14 MOTION to Expedite Motion to Advance Trial Date on Court Docket by Ottist Flournoy. (SIMPSON, DAVID) |
| Filing 13 RULE 26 Disclosures by Ottisha Flournoy, Ottist Flournoy. (SIMPSON, JONATHAN) |
| Filing 12 REPORT of Rule 26(f) Planning Meeting. (SIMPSON, JONATHAN) |
| Filing 11 ANSWER to Complaint by JOHN DOWD, Benjamin Dowd. (KIDD, AMANDA) |
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Filing 10
ORDER DENYING REMAND re #4 Plaintiff's Motion to Remand. That Plaintiffs' motion to remand is DENIED. The parties shall file their Rule 26(f) conference report within 14 days of the date of this Order. See Doc. #8 , at 2. (Rule 26 Meeting Report due by 11/8/2021.) Signed by JUDGE T KENT WETHERELL II on 10/25/2021. (mb)
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| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: #9 Response in Opposition to #4 First MOTION to Remand to State Court. (mb) |
| Filing 9 RESPONSE in Opposition re #4 First MOTION to Remand to State Court filed by JOHN DOWD, Benjamin Dowd. (Attachments: #1 Exhibit) (DISALVO, BROOKE) |
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Filing 8
ORDER TOLLING DEADLINES re #7 MOTION to Stay of Rule 26 Deadlines and Obligations. That the motion is GRANTED, and all deadlines in the initial scheduling order are tolled pending disposition of Plaintiff's motion to remand. If the motion to remand is denied, the parties shall have 14 days from the denial to file their Rule 26(f) conference report. (If Motion is DENIED, parties will have 14 days from denial to file Rule 26 Meeting Report due by 10/27/2021.) Signed by JUDGE T KENT WETHERELL II on 10/13/2021. (mb)
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| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: #7 MOTION to Stay of Rule 26 Deadlines and Obligations (mb) |
| Filing 7 MOTION to Stay of Rule 26 Deadlines and Obligations by Ottisha Flournoy, Ottist Flournoy. (SIMPSON, DAVID) |
| Set Deadlines re #4 MOTION. (Internal deadline for referral to judge if response not filed earlier: 10/21/2021). (mb) |
| Filing 6 NOTICE of Appearance by BROOKE ANN DISALVO on behalf of JOHN DOWD, Benjamin Dowd (DISALVO, BROOKE) |
| Filing 5 RESPONSE by PROGRESSIVE AMERICAN INSURANCE COMPANY re #1 Notice of Removal, DEFENDANT PROGRESSIVE AMERICAN INSURANCE COMPANY'S NOTICE OF CONSENT TO REMOVAL. (UPTON, MARK) |
| Filing 4 First MOTION to Remand to State Court by Ottist Flournoy. (Attachments: #1 Exhibit Schedule 1) (SIMPSON, DAVID) |
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Filing 3
INITIAL SCHEDULING ORDER: Fed.R.Civ.P. 7.1 Corporate Disclosure Statement Deadline set for 9/30/2021. Rule 26 Meeting Report due by 11/1/2021. Discovery due by 1/13/2022. Signed by JUDGE T KENT WETHERELL II on 9/16/2021. (mb)
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| Filing 2 DOCKET ANNOTATION BY COURT: Re #1 Notice of Removal. 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) |
| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: #1 Notice of Removal (please see proposed ISO). (mb) |
| Filing 1 NOTICE OF REMOVAL by JOHN DOWD, Benjamin Dowd from First Judicial Circuit, in and for Okaloosa County, case number 2021-CA-002327. ( Filing fee $ 402 receipt number AFLNDC-6315229.), filed by JOHN DOWD, Benjamin Dowd. (Attachments: #1 Exhibit Summons and Complaint, #2 Exhibit Sunbiz search, #3 Exhibit Accident Report, #4 Exhibit demands, #5 Exhibit NOF, #6 Exhibit All state court pleadings, #7 Exhibit docket) (KIDD, AMANDA) |
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