PERDIDO KEY OYSTER BAR RESTAURANT AND MARINA LLC v. WESTCHESTER SURPLUS LINES INSURANCE COMPANY
| PERDIDO KEY OYSTER BAR RESTAURANT AND MARINA LLC |
| WESTCHESTER SURPLUS LINES INSURANCE COMPANY |
| 3:2024cv00016 |
| January 10, 2024 |
| US District Court for the Northern District of Florida |
| HOPE T CANNON |
| T KENT WETHERELL |
| Insurance |
| 28 U.S.C. ยง 1332 Diversity-Notice of Removal |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 1, 2024. A more recent docket listing may be available from PACER.
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Filing 14
ORDER. Based on Defendant's notice of appointment of umpire (Doc. #13 ), it is ORDERED that Defendant's motion to appoint umpire (Doc. #10 ) is DENIED as moot. Signed by JUDGE T KENT WETHERELL II on 02/01/24. (jfj)
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| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: #13 DEFENDANT, WESTCHESTER SURPLUS LINES INSURANCE COMPANY'S NOTICE OF APPOINTMENT OF UMPIRE. (jfj) |
| Filing 13 NOTICE OF APPOINTMENT OF UMPIRE by WESTCHESTER SURPLUS LINES INSURANCE COMPANY re #12 Order,,,,,, Order Staying Case,,,,,, Set Deadlines/Hearings,,,,, (BUSTAMANTE, TIFFANY) |
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Filing 12
ORDER COMPELLING APPRAISAL AND STAYING CASE. Defendant's motion to dismiss and unopposed motion to compel appraisal (Doc. #9 ) is DENIED without prejudice with respect to the motion to dismiss and GRANTED with respect to the motion to compel appraisal. This case is STAYED and the parties shall resolve their dispute over the amount of loss in accordance with the appraisal process in the insurance policy. Consideration of Defendant's motion to appoint umpire (Doc. #10 ) is deferred, and will be resolved as follows: the appraisers shall have 7 days from the date of this Order to agree on an alternate umpire, and if they agree, the parties shall file an appropriate notice with the Court; if the appraisers are unable to agree on an alternate umpire within 7 days, Plaintiff shall have 14 days from then to respond to Defendant's motion and (i) explain the basis of Plaintiff's opposition and any reason why the Court should not appoint an umpire, (ii) explain any objections to the umpires proposed by Defendant, and (iii) propose up to three other umpires (with their CVs) for the Court to consider. (SEE FULL ORDER) Signed by JUDGE T KENT WETHERELL II on 01/24/24. (Notice due by 1/31/2024, or Plaintiff's response to motion due by 2/14/2024.) (jfj)
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| Filing 11 Corporate Disclosure Statement/Certificate of Interested Persons by PERDIDO KEY OYSTER BAR RESTAURANT AND MARINA LLC. (STERN, ALEX) |
| Set Deadline re #10 MOTION TO APPOINT A NEUTRAL APPRAISAL UMPIRE - Internal deadline for referral to judge if response not filed earlier: 2/6/2024). (jfj) |
| Filing 10 MOTION to Appoint Expert As Neutral Appraisal Umpire by WESTCHESTER SURPLUS LINES INSURANCE COMPANY. (Attachments: #1 Exhibit Email, #2 Exhibit CV of Mr. Campagna, #3 Exhibit CV of Mr. Newman, #4 Exhibit CV of Mr. Ruskin) (BUSTAMANTE, TIFFANY) |
| Filing 9 MOTION to Dismiss Plaintiff's Amended Complaint and Unopposed Motion to Compel Appraisal by WESTCHESTER SURPLUS LINES INSURANCE COMPANY. (Internal deadline for referral to judge if response not filed earlier: 2/6/2024). (BUSTAMANTE, TIFFANY) |
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Filing 8
ORDER GRANTING EXTENSION OF TIME. Upon due consideration of Defendant's unopposed motion for extension of time (Doc. #7 ), it is ORDERED that the motion is GRANTED, and Defendant shall have until January 26, 2024, to answer or otherwise respond to the complaint. Signed by JUDGE T KENT WETHERELL II on 01/23/24. (WESTCHESTER SURPLUS LINES INSURANCE COMPANY Answer due by 1/26/2024.) (jfj)
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| Filing 7 Second MOTION for Extension of Time to File Response/Reply as to #5 Order,, Set Deadlines/Hearings, Plaintiff's Complaint by WESTCHESTER SURPLUS LINES INSURANCE COMPANY. (BUSTAMANTE, TIFFANY) |
| Filing 6 Corporate Disclosure Statement/Certificate of Interested Persons by WESTCHESTER SURPLUS LINES INSURANCE COMPANY identifying Corporate Parent CHUBB LIMITED, Corporate Parent Chubb Group Holdings, Inc., Corporate Parent Chubb US Holdings, Inc. for WESTCHESTER SURPLUS LINES INSURANCE COMPANY.. (BUSTAMANTE, TIFFANY) |
| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: #7 Second MOTION for Extension of Time to File Response/Reply as to #5 Order,, Set Deadlines/Hearings, Plaintiff's Complaint (alb) |
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Filing 5
ORDER GRANTING EXTENSION OF TIME. Upon due consideration of Defendant's unopposed motion for extension of time (Doc. #4 ), it is ORDERED that the motion is GRANTED, and Defendant shall have until January 22, 2024, to answer or otherwise respond to the complaint. Signed by JUDGE T KENT WETHERELL II on 01/18/24. (WESTCHESTER SURPLUS LINES INSURANCE COMPANY Answer due by 1/22/2024.) (jfj)
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| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: #4 DEFENDANT'S UNOPPOSED MOTION FOR EXTENSION OF TIME TO RESPOND TO PLAINTIFF'S COMPLAINT. (jfj) |
| Filing 4 MOTION for Extension of Time to File Answer to Plaintiff's Amended Complaint by WESTCHESTER SURPLUS LINES INSURANCE COMPANY. (BUSTAMANTE, TIFFANY) |
| Filing 3 NOTICE of Appearance by JOHN DAVID DICKENSON on behalf of WESTCHESTER SURPLUS LINES INSURANCE COMPANY (DICKENSON, JOHN) |
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Filing 2
INITIAL SCHEDULING ORDER: Fed.R.Civ.P. 7.1 Corporate Disclosure Statement Deadline set for 1/25/2024. Rule 26 Meeting Report due by 2/26/2024. Discovery due by 5/10/2024. Signed by JUDGE T KENT WETHERELL II on 01/11/24. (jfj)
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| 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.) (jfj) |
| Filing 1 NOTICE OF REMOVAL by WESTCHESTER SURPLUS LINES INSURANCE COMPANY from Escambia, case number 2023 CA 003317. ( Filing fee $ 405 receipt number AFLNDC-8441916.), filed by WESTCHESTER SURPLUS LINES INSURANCE COMPANY. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Exhibit State Court Complaint and Docket Sheet, #3 Exhibit A - Annual Report, #4 Exhibit B - Escambia County Real Estate - 10-322-100-2023-Annual Bill, #5 Exhibit C - State of Florida Voter Lookup, #6 Exhibit D - 2021-09-30 Fraser Property and Adjusting's Estimate, #7 Exhibit E - Notice of Intent) (DICKENSON, JOHN) |
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| Plaintiff: PERDIDO KEY OYSTER BAR RESTAURANT AND MARINA LLC | |
| Represented By: | ALEX STERN |
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| Defendant: WESTCHESTER SURPLUS LINES INSURANCE COMPANY | |
| Represented By: | JOHN DAVID DICKENSON |
| Represented By: | TIFFANY BUSTAMANTE |
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