RACKARD et al v. PHILADELPHIA INDEMNITY INSURANCE COMPANY et al
| SABRINA RACKARD, LEVI RACKARD and K. R. |
| PHILADELPHIA INDEMNITY INSURANCE COMPANY and TEXAS INSURANCE COMPANY |
| 3:2023cv14329 |
| June 14, 2023 |
| US District Court for the Northern District of Florida |
| HOPE T CANNON |
| M CASEY RODGERS |
| Insurance |
| 28 U.S.C. § 1332 Diversity-(Citizenship) |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 31, 2023. A more recent docket listing may be available from PACER.
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Filing 15
ORDER. The case is REMANDED to the Circuit Court of the First Judicial Circuit, in Okaloosa County, Florida. The Clerk is directed to take appropriate steps to affect the remand and close the file. Defendant Texas Insurance Company's Motion to Dismiss, ECF No. #2 , and Motion for Leave to Reply, ECF No. #12 , are DENIED as moot. Signed by JUDGE M CASEY RODGERS on 07/31/2023. (Copy of order mailed to Okaloosa County Clerks Office, Circuit Civil Division.) (alb)
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| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE M CASEY RODGERS notified that action is needed Re: #14 Response in Opposition to #12 MOTION for Leave to File Reply To Plaintiffs' Opposition To Texas Insurance Company's Motion To Dismiss Plaintiffs' Complaint For Failure To State A Claim Pursuant To Fed.R.Civ.P. 12(b)(6). (alb) |
| Filing 14 RESPONSE in Opposition re #12 MOTION for Leave to File Reply To Plaintiffs' Opposition To Texas Insurance Company's Motion To Dismiss Plaintiffs' Complaint For Failure To State A Claim Pursuant To Fed.R.Civ.P. 12(b)(6) filed by K. R., LEVI RACKARD, SABRINA RACKARD. (MARINO, STEPHEN) |
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Filing 13
AGREED ORDER. PIIC's Motion to Dismiss [ECF No. #7 ] is GRANTED in part. This cause is DISMISSED WITHOUT PREJUDICE as to PIIC until such time as the necessary conditions precedent to state a claim for a bad faith action are met. The Clerk is directed to terminate ECF No. #7 , and all deadlines as to PIIC only. Signed by JUDGE M CASEY RODGERS on 07/17/2023. (alb)
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| Set/Reset Deadlines as to #12 MOTION for Leave to File Reply To Plaintiffs' Opposition To Texas Insurance Company's Motion To Dismiss Plaintiffs' Complaint For Failure To State A Claim Pursuant To Fed.R.Civ.P. 12(b)(6). (Internal deadline for referral to judge if response not filed earlier: 7/24/2023). (jcw) |
| Filing 12 MOTION for Leave to File Reply To Plaintiffs' Opposition To Texas Insurance Company's Motion To Dismiss Plaintiffs' Complaint For Failure To State A Claim Pursuant To Fed.R.Civ.P. 12(b)(6) by TEXAS INSURANCE COMPANY. (BOYD, BENJAMIN) |
| Filing 11 DOCKET ANNOTATION BY COURT: Philadelphia Indemnity Insurance Company, Re #6 Scheduling Order. Each non-governmental corporate party must file a statement that identifies any parent corporation and any publicly held corporation that owns 10% or more of its stock or states that there is no such corporation. The deadline for filing the statement is set forth in Fed. R. Civ. P. 7.1, and, if not filed sooner, the statement must in any event be filed within 14 days of the date of the scheduling order. The deadline expired on 7/5/2023. A corporate disclosure statement must be filed no later than 7/19/2023. Clerk to notify chambers on 7/20/2023. (alb) |
| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE M CASEY RODGERS notified that action is needed Re: #7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, #10 Response in Opposition to Motion. (alb) |
| Filing 10 RESPONSE in Opposition re #2 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by K. R., LEVI RACKARD, SABRINA RACKARD. (MARINO, STEPHEN) |
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Filing 9
ORDER granting #8 MOTION for Extension of Time to File Response, #7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. Signed by JUDGE M CASEY RODGERS on 06/29/2023. (Internal deadline for referral to judge if response not filed earlier: 7/5/2023). (alb)
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| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE M CASEY RODGERS notified that action is needed Re: #8 MOTION for Extension of Time to File Response/Reply as to #2 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. (alb) |
| Filing 8 MOTION for Extension of Time to File Response/Reply as to #2 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by K. R., LEVI RACKARD, SABRINA RACKARD. (MARINO, STEPHEN) |
| Set Deadlines/Hearings re #7 Motion to Dismiss. (Internal deadline for referral to judge if response not filed earlier: 7/7/2023). (alb) |
| Filing 7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by PHILADELPHIA INDEMNITY INSURANCE COMPANY. (Attachments: #1 Exhibit 1) (CURTIS, LAUREN) |
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Filing 6
INITIAL SCHEDULING ORDER : Fed.R.Civ.P. 7.1 Corporate Disclosure Statement Deadline set for 7/5/2023. Rule 26 Meeting Report due by 8/3/2023. Discovery due by 12/12/2023. Signed by JUDGE M CASEY RODGERS on 06/20/2023. (alb)
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| Filing 5 NOTICE of Appearance by BENJAMIN SORRELLS BOYD on behalf of TEXAS INSURANCE COMPANY (BOYD, BENJAMIN) |
| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE M CASEY RODGERS notified that action is needed Re: #3 Notice of Removal. (Please see proposed ISO.) (alb) |
| Set Deadlines/Hearings re #2 Motion to Dismiss. (Internal deadline for referral to judge if response not filed earlier: 6/28/2023). (alb) |
| Filing 4 Corporate Disclosure Statement/Certificate of Interested Persons by TEXAS INSURANCE COMPANY. (DESROIS, DINA) |
| Filing 3 NOTICE OF REMOVAL by TEXAS INSURANCE COMPANY, PHILADELPHIA INDEMNITY INSURANCE COMPANY from FIRST JUDICIAL CIRCUIT, OKALOOSA COUNTY, FL, case number 2023 CA 001218 C. ( Filing fee $ 402 receipt number AFLNDC-7921708.), filed by TEXAS INSURANCE COMPANY, PHILADELPHIA INDEMNITY INSURANCE COMPANY. (Attachments: #1 Exhibit State Court Complaint) (DESROIS, DINA) |
| Filing 2 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by TEXAS INSURANCE COMPANY. (Attachments: #1 Exhibit Request for Judicial Notice, #2 Exhibit Silver Declaration) (DESROIS, DINA) |
| Filing 1 CIVIL COVER SHEET. (DESROIS, DINA) |
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