Concrete Works and Paving Inc. v. GREAT MIDWEST INSURANCE COMPANY
Plaintiff: Concrete Works and Paving Inc.
Defendant: GREAT MIDWEST INSURANCE COMPANY
Case Number: 0:2019cv60312
Filed: February 4, 2019
Court: US District Court for the Southern District of Florida
Presiding Judge: Patrick M Hunt
Referring Judge: Robert N Scola
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: None
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Docket Report

This docket was last retrieved on July 9, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 3, 2019 Filing 22 NOTICE of Filing Affidavit by GREAT MIDWEST INSURANCE COMPANY re #20 MOTION to Amend/Correct #15 MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, (Attachments: #1 Affidavit) (Fischer, Amy) Modified on 4/4/2019 (kpe).
March 28, 2019 Filing 21 Clerks Non-Entry of Default as to GREAT MIDWEST INSURANCE COMPANY Reason: Responsive pleading ( Motion to Dismiss Complaint, etc) has been filed. Signed by DEPUTY CLERK on 3/28/2019. (kpe)
March 28, 2019 Filing 20 MOTION to Amend/Correct #15 MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, by GREAT MIDWEST INSURANCE COMPANY. Responses due by 4/11/2019 (Attachments: #1 Exhibit A)(Fischer, Amy)
March 28, 2019 Filing 19 Plaintiff's MOTION for Clerks Entry of Default as to GREAT MIDWEST INSURANCE COMPANY by Concrete Works and Paving Inc.. (Colon, Yvette)
March 26, 2019 Opinion or Order Filing 18 PAPERLESS ORDER to show cause: The Defendant filed a Motion for Extension of time to respond to the complaint, which included a certificate of conferral indicating that Plaintiff's counsel was not able to agree with the motion without first conferring with her client. The Defendant filed its motion without first hearing back from Plaintiff's counsel to avoid a default judgment and indicate to the Court that it will respond to the Complaint. However, Defendant also indicated that it would file an amended motion upon obtaining an answer from Plaintiff's counsel. The Defendant shall file its amended motion indicating Plaintiff's position by March 28, 2019. Signed by Judge Robert N. Scola, Jr. on 3/26/2019. (jaa)
March 25, 2019 Filing 17 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM by GREAT MIDWEST INSURANCE COMPANY. Responses due by 4/8/2019 (Fischer, Amy)
March 22, 2019 Opinion or Order Filing 16 PAPERLESS ORDER: The Court denies, without prejudice, #12 Motion for Entry of Default and Default Judgment. The Court instructed the Plaintiff 11 to move for a clerks default, pursuant to Federal Rule of Civil Procedure 55(a). Ignoring, or misinterpreting, that order, the Plaintiff moved for default judgment. Obtaining a default judgment typically requires two steps: (1) a party must obtain a default with from the district-court clerk by demonstrating that the opposing party failed to respond to the complaint; and (2) after the clerk enters a default, the moving party may then seek the entry of a default judgment against the defaulting party. UMG Recordings, Inc. v. Stewart , 461 F. Supp. 2d 837, 840 (S.D. Ill. 2006) (citing Fed. R. Civ. P. 55). Once again, the Court orders the Plaintiff to submit a Motion for Entry of Clerks Default, consistent with Federal Rule of Civil Procedure 55(a). The Motion must include a certificate of service indicating that the Plaintiff sent it to the Defendant(s), including the address to which it was sent. Signed by Judge Robert N. Scola, Jr. on 3/22/2019. (jaa)
March 22, 2019 Filing 15 MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, by GREAT MIDWEST INSURANCE COMPANY. (Fischer, Amy)
March 22, 2019 Filing 14 NOTICE of Attorney Appearance by F. Malcolm Cunningham, Jr on behalf of GREAT MIDWEST INSURANCE COMPANY. Attorney F. Malcolm Cunningham, Jr added to party GREAT MIDWEST INSURANCE COMPANY(pty:dft). (Cunningham, F.)
March 22, 2019 Filing 13 NOTICE of Attorney Appearance by Amy Leigh Fischer on behalf of GREAT MIDWEST INSURANCE COMPANY. Attorney Amy Leigh Fischer added to party GREAT MIDWEST INSURANCE COMPANY(pty:dft). (Fischer, Amy)
March 12, 2019 Filing 12 Plaintiff's MOTION for Courts Entry of Default pursuant to Federal Debt Collections Procedures Act (FDCPA) Title 28, U.S.C., Section 3205(6) as to GREAT MIDWEST INSURANCE COMPANY by Concrete Works and Paving Inc.. (Colon, Yvette)
March 6, 2019 Opinion or Order Filing 11 PAPERLESS ORDER: The Court strikes #10 Clerk's Entry of Default. The Plaintiff's #9 Motion for Default failed to include a certificate of service. The Plaintiff is directed to refile its Motion for Clerk's Default with a certificate of service indicating that the Plaintiff sent it to the Defendant, including address(es) it was mailed to. Signed by Judge Robert N. Scola, Jr. on 3/6/2019. (jaa)
March 6, 2019 Filing 10 Clerks Entry of Default as to Great Midwest Insurance Company - Motions Terminated: #9 Motion for Clerks Entry of Default. Signed by DEPUTY CLERK on 3/6/2019. (mc)
March 5, 2019 Filing 9 Plaintiff's MOTION for Clerks Entry of Default as to GREAT MIDWEST INSURANCE COMPANY by Concrete Works and Paving Inc.. (Colon, Yvette)
February 12, 2019 Filing 8 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Concrete Works and Paving Inc.. GREAT MIDWEST INSURANCE COMPANY served on 2/6/2019, answer due 2/27/2019. (Colon, Yvette)
February 8, 2019 Opinion or Order Filing 7 ORDER Requiring Discovery And Scheduling Conference And Order Referring Discovery Matters To The Magistrate Judge. Signed by Judge Robert N. Scola, Jr on 2/8/2019. See attached document for full details. (kpe)
February 5, 2019 Filing 6 Summons Reissued as to GREAT MIDWEST INSURANCE COMPANY. (asl)
February 5, 2019 Filing 5 Clerks Notice of Docket Correction. Incorrect District Judge Selected; Corrected by the Clerk. (asl)
February 5, 2019 Filing 3 Summons Issued as to GREAT MIDWEST INSURANCE COMPANY. (amb) Modified to restrict image and reissue summonses, see #6 for correct image on 2/5/2019 (asl).
February 4, 2019 Filing 4 Clerks Notice of Judge Assignment to Judge Robert N. Scola, Jr. Judge Darrin P. Gayles no longer assigned to case. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Patrick M. Hunt is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. (asl)
February 4, 2019 Filing 2 Clerks Notice of Judge Assignment to Judge Darrin P. Gayles. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Alicia M. Otazo-Reyes is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (amb)
February 4, 2019 Filing 1 COMPLAINT against GREAT MIDWEST INSURANCE COMPANY. Filing fees $ 400.00. Pay.gov Agency Tracking ID 113C-11366323, payment transferred from : 19cv20460, Concrete Work and Paving Inc. v. Great Midwest Insurance Company, filed by Concrete Works and Paving Inc.. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Summon(s))(Colon, Yvette) Modified text on 2/7/2019 (jua).

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Plaintiff: Concrete Works and Paving Inc.
Represented By: Yvette Lisa Colon
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Defendant: GREAT MIDWEST INSURANCE COMPANY
Represented By: F. Malcolm Cunningham, Jr.
Represented By: Amy Leigh Fischer
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