SCRUGGS v. TRAVELERS
| Granville Scruggs |
| Travelers |
| 4:2023cv00301 |
| July 13, 2023 |
| US District Court for the Northern District of Florida |
| MARTIN A FITZPATRICK |
| MARK E WALKER |
| Insurance |
| 28 U.S.C. § 1441 Notice of Removal |
| Defendant |
Docket Report
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This docket was last retrieved on December 4, 2023. A more recent docket listing may be available from PACER.
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Filing 39
ORDER - It is ORDERED that Defendant's requests for costs, ECF No. #37 , is DENIED. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 12/4/2023. (baf)
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| Filing 38 Cease and Desist NOTICE by GRANVILLE SCRUGGS (Attachments: #1 #34 SECOND REPORT AND RECOMMENDATION, #2 #36 ORDER FOR DISMISSAL) (baf) |
| Set Deadline - #37 BILL OF COSTS referred to RDIC. Clerk to check status on 1/16/2024. (baf) |
| Filing 37 BILL OF COSTS by TRAVELERS. (PHILIPPI, ALYSSA) |
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Filing 36
ORDER FOR DISMISSAL - Plaintiff has filed a notice of voluntary dismissal without prejudice. ECF No. #35 . The notice is effective without an order. The Clerk shall TERMINATE the pending report and recommendation, ECF No. #34 . The pending motions, ECF No. #32 and ECF No. #26 , are DENIED as moot. The Clerk shall close the file. Signed by CHIEF JUDGE MARK E WALKER on 11/13/2023. (baf)
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| Filing 35 NOTICE of Voluntary Dismissal titled Fed. Rule 41 NOTICE by GRANVILLE SCRUGGS (baf) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #35 NOTICE of Voluntary Dismissal titled Fed. Rule 41 NOTICE (baf) |
| Filing 34 SECOND REPORT AND RECOMMENDATION - It is respectfully RECOMMENDED that the motion to dismiss, ECF No. #26 , be DENIED, but service of process be QUASHED and Plaintiff be required to properly serve the Defendant within thirty days of the date this Report and Recommendation is adopted. It is further RECOMMENDED that Plaintiff's successive "motion for default judgment," ECF No. #32 , be DENIED, and this case be REMANDED for further proceedings. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 11/6/2023. (baf) R&R flag set. (Internal deadline for referral to district judge if objections are not filed earlier: 12/4/2023.) |
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Filing 33
ORDER ACCEPTING REPORT AND RECOMMENDATION - Plaintiff's motion for judgment on the pleadings, ECF No. #28 , is DENIED. This case is remanded to the Magistrate Judge for further proceedings. Signed by CHIEF JUDGE MARK E WALKER on 11/3/2023. (baf)
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| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #33 ORDER ACCEPTING REPORT AND RECOMMENDATION. (baf) |
| Filing 32 MOTION for Default Judgment by GRANVILLE SCRUGGS. (baf) (Internal deadline for referral to judge if response not filed earlier: 11/16/2023). |
| Filing 31 RESPONSE to re #26 MOTION to Dismiss filed by GRANVILLE SCRUGGS. (baf) |
| Filing 30 OBJECTION to #29 Report and Recommendations by GRANVILLE SCRUGGS. (baf) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #31 Response to Motion, #32 MOTION for Default Judgment. Referred to MARTIN A FITZPATRICK. (baf) |
| Filing 29 REPORT AND RECOMMENDATION - It is respectfully RECOMMENDED that Plaintiff's motion for judgment on the pleadings, ECF No. #28 , be DENIED and this case REMANDED for further proceedings. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 10/18/2023. (baf) R&R flag set. (Internal deadline for referral to district judge if objections are not filed earlier: 11/15/2023.) |
| Filing 28 MOTION for Judgment on the Pleadings by GRANVILLE SCRUGGS. (baf) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #28 MOTION for Judgment on the Pleadings. Referred to MARTIN A FITZPATRICK. (baf) |
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Filing 27
ORDER - Plaintiff's motion for default and default judgment, ECF No. #25 , is DENIED. Ruling on Defendant's motion to dismiss, ECF No. #26 , is DEFERRED. Plaintiff has until November 3, 2023, to file a response in opposition to Defendant's motion to dismiss. The Clerk of Court shall return this case upon receipt of Plaintiff's response, or no later than November 3, 2023. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 10/12/2023. (baf)
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| Set Deadlines/Hearings Notify Chambers on 11/3/2023. (Internal deadline for referral to judge if response not filed earlier: 11/3/2023). (baf) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #26 MOTION to Dismiss and response to motion for default. Referred to MARTIN A FITZPATRICK. (baf) |
| Filing 26 MOTION to Dismiss and response to motion for default by TRAVELERS. (Internal deadline for referral to judge if response not filed earlier: 10/25/2023). (Attachments: #1 Exhibit complaint) (LAVISKY, MATTHEW) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #25 MOTION for Default and Default Judgment. Referred to MARTIN A FITZPATRICK. (baf) |
| Filing 25 MOTION for Default and Default Judgment by GRANVILLE SCRUGGS. (Internal deadline for referral to judge if response not filed earlier: 10/24/2023). (baf) |
| Filing 24 DOCKET ANNOTATION BY COURT: 1 service copy of Re #23 Acknowledgment of Service, #22 Response/Reply (sjb) |
| Filing 23 ACKNOWLEDGMENT OF SERVICE filed by GRANVILLE SCRUGGS. (sjb) |
| Filing 22 RESPONSE re #18 Order by GRANVILLE SCRUGGS. (sjb) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #23 Acknowledgment of Service, #22 Response/Reply. (sjb) |
| Filing 21 Summons Reissued as to TRAVELERS. (sjb) |
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Filing 20
ORDER - Plaintiff's motion to resend summons, ECF No. #19 , is GRANTED. The Clerk of Court shall reissue a summons for the Defendant named in Plaintiff's first amended complaint, ECF No. #5 , and immediately provide it to Plaintiff with a copy of this Order. Plaintiff has until September 12, 2023, to file a response to the prior Order, ECF No. #18 , concerning Plaintiff's waiver of "any and all claims under the Florida Unfair Insurance Trade Practices Act." Plaintiff has until September 21, 2023, to clearly demonstrate that Defendant has been properly served with process. The Clerk of Court shall return this case upon receipt of Plaintiff's compliance with this Order, or no later than September 21, 2023. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 9/5/23. (sjb)(Clerk reissued summons and provided to plaintiff)
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| Set Deadlines/Hearings Notify Chambers on 9/21/2023. Miscellaneous Deadline - by 9/21/2023. (Internal deadline for referral to judge if response not filed earlier: 9/12/2023). (sjb) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #19 MOTION TO RESEND SUMMONS. Referred to MARTIN A FITZPATRICK. (sjb) |
| Filing 19 MOTION TO RESEND SUMMONS by GRANVILLE SCRUGGS. (sjb) |
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Filing 18
ORDER - Plaintiff's motion for remand, ECF No. #7 , is DENIED. If Plaintiff is not properly receiving all Orders from this Court in the mail, he must file a correct and proper mailing address no later than August 31, 2023.Plaintiff has until September 12, 2023, to file a response to this Order which demonstrates good cause for continuing this case in light of Plaintiff's waiver of "any and all claims under the Florida Unfair Insurance Trade Practices Act." Plaintiff has until September 21, 2023, to clearly demonstrate that Defendant has been properly served with process. The Clerk of Court shall return this case upon receipt of Plaintiff's compliance with this Order, or no later than September 21, 2023. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 8/22/23. (sjb)
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| Set Deadlines/Hearings Notify Chambers on 9/21/2023. Miscellaneous Deadline - by 9/21/2023. (Internal deadline for referral to judge if response not filed earlier: 9/12/2023). Notice of change of address due by 8/31/2023. (sjb) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #17 Response/Reply. (sjb) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #16 Response in Opposition to Motion. (sjb) |
| Filing 17 RESPONSE To #15 Order by GRANVILLE SCRUGGS (sjb) |
| Filing 16 RESPONSE in Opposition re #7 MOTION to Remand filed by TRAVELERS. (PHILIPPI, ALYSSA) |
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Filing 15
ORDER - Notify Chambers on 8/22/2023. Response to Plaintiff's motion to remand - by 8/18/2023. Response to Order ECF. No. #8 by 8/14/2023. Internal deadline for referral to judge if response not filed earlier: 8/22/2023. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 8/11/23. (sjb)
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| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #14 Notice (Other). (sjb) |
| Filing 14 NOTICE OF SERVICE OF PROCESS AND REQUEST TO ENTER DEFAULT AS A MATTER OF LAW by GRANVILLE SCRUGGS (sjb) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #13 Mail Returned. (sjb) |
| Filing 13 Mail Returned as Undeliverable. Re: #4 ORDER. Return to sender. Unable to forward (sjb) |
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Filing 11
ORDER - Plaintiff's successive motion for remand, ECF No. #9 , is DENIED. Plaintiff's second successive motion for remand, ECF No. #10 , is DENIED. Plaintiff must file a response to the July 31, 2023, Order (ECF No. #8 ) no later than August 14, 2023. Defendant must file a response to Plaintiff's motion to remand, ECF No. #7 , on or before August 18, 2023. The Clerk of Court shall return this case upon the filing of service documents, Defendant's filing of a response, Plaintiff's filing of a response, or no later than August 18, 2023. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 8/4/23. (sjb)
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| Set Deadlines/Hearings Notify Chambers on 8/18/2023. Response to motion due by 8/18/2023. Internal deadline for referral to judge if response not filed earlier: 8/14/2023 (sjb) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #12 Response/Reply. (sjb) |
| Filing 12 EMERGENCY RESPONSE re #8 Order by GRANVILLE SCRUGGS (sjb) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #9 MOTION FOR REMAND PURSUANT TO 28 U.S.C. 1447 (C) AND SUPPORTING MEMORANDUM OF LAW AND EXHIBITS. (sjb) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #10 MOTION ADDITIONAL SUPPLEMENTAL EMERGENCY MOTOIN FOR REMAND WITH FACTS FOR REMOVAL FROM DISTRICT COURT FOR REASONS OTHER THAN SUBJECT MATTER JURISDICTION. Referred to MARTIN A FITZPATRICK. (sjb) |
| Filing 10 MOTION ADDITIONAL SUPPLEMENTAL EMERGENCY MOTOIN FOR REMAND WITH FACTS FOR REMOVAL FROM DISTRICT COURT FOR REASONS OTHER THAN SUBJECT MATTER JURISDICTION by GRANVILLE SCRUGGS. (sjb) |
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Filing 8
ORDER - Notify Chambers on 8/18/2023. Response to motion by 8/18/2023. Internal deadline for referral to judge if response not filed earlier: 8/14/2023. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 7/31/23. (sjb)
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| Filing 9 EMERGENCY MOTION FOR REMAND PURSUANT TO 28 U.S.C. 1447 (C) AND SUPPORTING MEMORANDUM OF LAW AND EXHIBITS by GRANVILLE SCRUGGS. (sjb) (Main Document 9 replaced on 8/4/2023) (sjb). |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #7 MOTION to Remand. Referred to MARTIN A FITZPATRICK. (sjb) |
| Filing 7 SUPPLEMENTAL EMERGENCY MOTION FOR REMAND WITH FACTS FOR REMOVAL FORM DISTRICT COURT FOR REASONS OTHER THAN SUBJECT MATTER JURISDICTION by GRANVILLE SCRUGGS. (sjb) |
| Filing 6 Summons Issued as to TRAVELERS. (sjb) |
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Filing 4
ORDER - For clarity, the Clerk of Court shall separately docket the Amended Complaint which was filed by Plaintiff in state court, ECF No. [1-2] at 13-19, on this Court's docket. The Clerk of Court issue a summons for the Defendant, and deliver the summons along with this Order to Plaintiff, who is responsible for prompt service of the summons and Amended Complaint upon the Defendant. The Clerk shall also forward to Plaintiff the AO-398 Form (Notice of a Lawsuit and Request to Waiver Service of a Summons) and two copies of the AO-399 Form used if Plaintiff decides to request the Defendant waiver formal service under Fed. R. Civ. P. 4(d). Notify Chambers on 9/18/2023. Motions due by 8/14/2023. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 7/19/23. (sjb)(Clerk corrected docket, provided summons and forms as directed.)
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| Filing 3 Notice to Pro Se (sjb) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #1 Notice of Removal, #2 Civil Cover Sheet. (sjb) |
| Filing 5 FIRST AMENDED COMPLAINT against TRAVELERS, filed by GRANVILLE SCRUGGS. (sjb) (Main Document 5 replaced on 8/4/2023) (sjb). |
| Filing 2 CIVIL COVER SHEET. (sjb) |
| Filing 1 NOTICE OF REMOVAL by Travelers from 2nd Judicial Circuit Court, case number 2023 CA 1655. ( Filing fee $ 402 receipt number AFLNDC-7971824.), filed by Travelers. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Exhibit A - State Court Documents) (PHILIPPI, ALYSSA) |
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| Plaintiff: Granville Scruggs | |
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| Defendant: Travelers | |
| Represented By: | ALYSSA MARIE PHILIPPI |
| Represented By: | MATTHEW JOHN LAVISKY |
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