BAKER v. INTEGON NATIONAL INSURANCE COMPANY
| RICKY BAKER |
| INTEGON NATIONAL INSURANCE COMPANY |
| 4:2020cv00091 |
| February 13, 2020 |
| US District Court for the Northern District of Florida |
| MARTIN A FITZPATRICK |
| CHARLES A STAMPELOS |
| ALLEN C WINSOR |
| Insurance |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on April 9, 2020. A more recent docket listing may be available from PACER.
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| Filing 26 RESPONSE in Opposition re #23 Second MOTION for Leave to File re #6 MOTION to Dismiss Plaintiff's Amended Complaint and Motion to Strike Plaintiff's Demand for Attorney's Fees with Supporting Memorandum of Law filed by RICKY BAKER. (CRESPO, NELSON) |
Filing 25
ORDER REQUIRING EXPEDITED RESPONSE. Defendant has moved for leave to file a reply. ECF No. #23 . Plaintiff opposes the motion. Plaintiff must file a response no later than April 14, 2020 setting out his objection. Signed by JUDGE ALLEN C WINSOR on 4/8/20. (blb)
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| Filing 24 NOTICE Supplemental Filing on Citizenship by INTEGON NATIONAL INSURANCE COMPANY re #20 Order, Terminate Motions, Set Deadlines (GELLI, JOSEPH) |
| Filing 23 Second MOTION for Leave to File re #6 MOTION to Dismiss Plaintiff's Amended Complaint and Motion to Strike Plaintiff's Demand for Attorney's Fees with Supporting Memorandum of Law by INTEGON NATIONAL INSURANCE COMPANY. (VORHOFF, ROBERT) |
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Filing 21
SCHEDULING AND MEDIATION ORDER entered pursuant to #18 Report of Rule 26(f) Planning Meeting signed by JUDGE ALLEN C WINSOR on 4/6/20. Discovery due by 6/15/2020. Dispositive Motions to be filed by 7/6/2020. Mediation Report due by 7/28/2020. Jury Trial set for 10/21/2020 at 08:30 AM in U.S. Courthouse Tallahassee before JUDGE ALLEN C WINSOR. Case referred to mediation. (tss)
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Filing 20
ORDER DENYING #7 MOTION TO REMAND AND DIRECTING DEFENDANT TO FILE SUPPLEMENTAL NOTICE ON CITIZENSHIP signed by JUDGE ALLEN C WINSOR on 4/6/20. Integon must file its notice by 4/13/2020. (tss)
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Filing 22
ORDER REASSIGNING CASE. Case reassigned to MAGISTRATE JUDGE MARTIN A FITZPATRICK for all further proceedings. MAGISTRATE JUDGE CHARLES A STAMPELOS no longer assigned to case. Signed by CHIEF JUDGE MARK E WALKER on 4/3/2020. **Please use the new judge's initials for all future filings: 4:20cv91-AW/MAF. (amm)
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Filing 19
ORDER DENYING MOTION FOR LEAVE TO FILE A REPLY. The motion for leave to file a reply (ECF No. #17 ) is denied without prejudice for two independent reasons. First, it does not include a certificate of conference. See N.D. Fla. Loc. R. 7.1(C). Second, it does not detail why a reply is needed. Defendant may refile the motion. Signed by JUDGE ALLEN C WINSOR on 3/16/20. (blb)
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| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE ALLEN C WINSOR notified that action is needed Re: #18 Report of Rule 26(f) Planning Meeting (blb) |
| Filing 18 REPORT of Rule 26(f) Planning Meeting. (CRESPO, NELSON) |
| Filing 17 MOTION FOR LEAVE TO FILE REPLY TO DEFENDANTS MEMORANDUM IN OPPOSITION TO PLAINTIFFS MOTION TO DISMISS AMENDED COMPLAINT by INTEGON NATIONAL INSURANCE COMPANY. (VORHOFF, ROBERT) Modified Title on 3/12/2020 (blb). |
| Filing 16 NOTICE of Filing State Court Record by INTEGON NATIONAL INSURANCE COMPANY re #15 Order,, Set Deadlines, (Attachments: #1 Exhibit Civil Cover Sheet, #2 Exhibit P. Complaint, #3 Exhibit Summons, #4 Exhibit Service of Process of Transmittal, #5 Exhibit Defendant's N. of Appearance, #6 Exhibit D. NOF ISO D. M. to Dismiss P. Complaint and M. to Strike P. Demand for Attorney's Fees, #7 Exhibit D. M. to Dismiss P. Complaint and M. to Strike P. Demand for Attorney's Fees, #8 Exhibit D. NOS 1st Set of Rogs to P., #9 Exhibit D. 1st Set of Rogs to P., #10 Exhibit D. RFA to P, #11 Exhibit D. RFP to P., #12 Exhibit D. Privilege Log, #13 Exhibit P. NOS 1st Set of Rogs to D., #14 Exhibit P. 1st Set of Rogs to D., #15 Exhibit P. RFA to D., #16 Exhibit P. RFP to D., #17 Exhibit D. NOS Unverified Ans to P. 1st Set of Rogs, #18 Exhibit D. Unverified Ans to P. 1st Set of Rogs, #19 Exhibit D. Resp to P. RFA, #20 Exhibit D. Resp to P. RFP, #21 Exhibit P. NOS Unverified Ans to D. 1st Set of Rogs, #22 Exhibit P. Unverified Ans to D. 1st Set of Rogs, #23 Exhibit P. Resp to D. RFA, #24 Exhibit P. Resp to D. RFP, #25 Exhibit D. N. of Deposition of P., #26 Exhibit D. M. for Protective Order re Depo of CR, #27 Exhibit D. M. for Protective Order re Depo of FA, #28 Exhibit D. N. of Telephonic Deposition DT of Non-Party Contender Claims, #29 Exhibit D. N. of Special Set Hearing, #30 Exhibit D. NOS PFS to P., #31 Exhibit D. N. of Withdrawal of PFS to P., #32 Exhibit D. NOS PFS to P., #33 Exhibit D. Amended N. of Telephonic Deposition DT of Non-Party Contender Claims, #34 Exhibit P. Resp IOT D. MTD, #35 Exhibit P. Amended Resp IOT D. MTD, #36 Exhibit D. Reply to P. Amended Resp IOT D. MTD, #37 Exhibit P. N. of Telephonic Deposition of D. CR, #38 Exhibit P Amended N. of Telephonic Deposition of D. CR, #39 Exhibit O. Granting D. MTD P. Complaint, #40 Exhibit P. Second Amended N. of Telephonic Deposition of D. CR, #41 Exhibit P. Amended Complaint, #42 Exhibit D. State Court Notice of Removal) (GELLI, JOSEPH) |
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Filing 15
ORDER REGARDING STATE FILINGS. By 3/12/2020, Defendant "must file a copy of each paper filed or served in the state court" or must certify that it has already done so. See N.D. Fla. Loc. R. 7.2(A); see also 28 U.S.C. 1446(a). Failure to comply with this order may lead to dismissal or remand without further notice. Signed by JUDGE ALLEN C WINSOR on 3/5/20. (blb)
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| Filing 14 Corporate Disclosure Statement/Certificate of Interested Persons by INTEGON NATIONAL INSURANCE COMPANY identifying Other Affiliate Ricky Baker, Other Affiliate Integon National Insurance Company, Other Affiliate QBE First Insurance Agency, Other Affiliate Strems Law Firm, Other Affiliate Midland Mortgage, Other Affiliate National General Management Corp, Other Affiliate National General Holdings Corporation, Other Affiliate NGLS Insurance Services, Other Affiliate Garrison, Yount, Forte & Mulcahy, LLC for INTEGON NATIONAL INSURANCE COMPANY.. (GELLI, JOSEPH) |
| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE ALLEN C WINSOR notified that action is needed Re: #5 Scheduling Order. No Corp Disclosure Stmt filed. Deadline passed. (blb) |
| Filing 13 NOTICE of Appearance by ALICIA PEREZ and NELSON CRESPO on behalf of RICKY BAKER (CRESPO, NELSON) |
| Filing 12 AMENDED DOCUMENT by RICKY BAKER. Notice of Appearance (PATTERSON, HUNTER) |
| Filing 11 NOTICE of Appearance by HUNTER DAVID PATTERSON on behalf of RICKY BAKER (PATTERSON, HUNTER) |
| Filing 10 RESPONSE in Opposition re #6 MOTION to Dismiss Plaintiff's Amended Complaint and Motion to Strike Plaintiff's Demand for Attorney's Fees with Supporting Memorandum of Law filed by RICKY BAKER. (Attachments: #1 Exhibit Policy, #2 Exhibit Letter of Representation, #3 Exhibit Complaint, #4 Exhibit Removal Notice) (PATTERSON, HUNTER) |
| Filing 9 RESPONSE in Opposition re #7 First MOTION to Remand to State Court Northern District filed by RICKY BAKER. (Attachments: #1 Exhibit Policy, #2 Exhibit Letter of Representation, #3 Exhibit Complaint, #4 Exhibit Removal Notice) (PATTERSON, HUNTER) |
| Filing 8 RESPONSE in Opposition re #7 First MOTION to Remand to State Court filed by INTEGON NATIONAL INSURANCE COMPANY. (Attachments: #1 Exhibit) (GELLI, JOSEPH) |
| Filing 7 First MOTION to Remand to State Court by RICKY BAKER. (Attachments: #1 Exhibit Exhibit A - Initial State Court Complaint - 19000779CAA, #2 Exhibit Exhibit B - Initial State Court Complaint - 19-000797 CA.pdf, #3 Exhibit Exhibit C- Amended State Court Complaint - 19000779CAA.pdf, #4 Exhibit Exhibit D- Defendant's Notice of Removal - 19000779CAA.pdf) (PATTERSON, HUNTER) |
| Filing 6 MOTION to Dismiss Plaintiff's Amended Complaint and Motion to Strike Plaintiff's Demand for Attorney's Fees with Supporting Memorandum of Law by INTEGON NATIONAL INSURANCE COMPANY. (Internal deadline for referral to judge if response not filed earlier: 3/5/2020). (Attachments: #1 Exhibit Complaint) (GELLI, JOSEPH) |
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Filing 5
INITIAL SCHEDULING ORDER : Fed.R.Civ.P. 7.1 Corporate Disclosure Statement Deadline set for 3/3/2020. Rule 26 Meeting Report due by 4/2/2020. Discovery due by 6/15/2020. Signed by JUDGE ALLEN C WINSOR on 2/18/20. (blb)
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| Filing 4 NOTICE Regarding Electronic Filing and Attorney Admissions Requirements mailed to ALICIA PEREZ and NELSON CRESPO at 420 S ORANGE AVE STE 140, ORLANDO, FL 32801. (Attachments: #1 Admissions Letter-CRESPO (blb) |
| Filing 3 CIVIL COVER SHEET. (GELLI, JOSEPH) |
| Filing 2 DOCKET ANNOTATION BY COURT: Attorney JOSEPH WILLIAM GELLI Re #1 NOTICE OF REMOVAL- Counsel is advised by this entry, that a Civil Cover Sheet should be filed as a separate entry using the event selection "Civil Cover Sheet" which is found under "Other Filings" under 'Other Documents'. PLEASE RE-FILE THE CIVIL COVER SHEET. Further, for future case openings: Please review the procedures in the "Style Guide for Electronic Case Filing" and/or Chapter 10 of the "CM/ECF Attorney User's Guide", (both available on the clerk's website). (blb) |
| Set Deadlines/Hearings Admissions due by 2/28/2020. (blb) |
| Filing 1 NOTICE OF REMOVAL by INTEGON NATIONAL INSURANCE COMPANY from Gadsden County Courthouse, case number 2019-CA-000779 A. ( Filing fee $ 400 receipt number AFLNDC-4860270.), filed by INTEGON NATIONAL INSURANCE COMPANY. (Attachments: #1 Exhibit Gadsden County Prop App, #2 Exhibit FL Dept of State - Div of Corp, #3 Exhibit Integon Policy, #4 Exhibit Integon Coverage Decision Ltr dtd 12.7.18, #5 Exhibit Integon Estimate dtd 12.7.18, #6 Exhibit Integon Coverage Decision Ltr dtd 1.2.19, #7 Exhibit Integon Estimate dtd 12.29.18, #8 Exhibit Affidavit of Tharp, #9 Civil Cover Sheet) (GELLI, JOSEPH) |
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