St. George v. American Security Insuance Company
| Anne Marie St. George |
| American Security Insuance Company and American Security Insurance Company |
| 0:2019cv60402 |
| February 13, 2019 |
| US District Court for the Southern District of Florida |
| Patrick M Hunt |
| Robert N Scola |
| Insurance |
| 28 U.S.C. ยง 1332 |
| Both |
Docket Report
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This docket was last retrieved on February 25, 2019. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 8 STIPULATION of Dismissal Without Prejudice by American Security Insurance Company (Attachments: #1 Text of Proposed Order of Dismissal Without Prejudice)(Lazaro, Daniel) |
Filing 7
PAPERLESS ORDER: The Court strikes #6 Plaintiff's notice of voluntary dismissal because it is not in compliance Rule 41 since the Defendant has filed an #5 answer. Under Rule 41, a notice of dismissal can only serve to dismiss an action without a court order "before the opposing party serves either an answer or a motion for summary judgment." If the Plaintiff would like to dismiss this case then she must either file a stipulation of dismissal or a motion to dismiss under Rule 41. If the parties have reached a settlement and the Plaintiff wishes to file a stipulation of dismissal under Rule 41(a)(1)(A)(ii) and the parties wish to have this Court retain jurisdiction to enforce any settlement agreement, the stipulation of dismissal must include the following sentence: The effectiveness of this stipulation of dismissal is conditioned upon the Courts entry of an order retaining jurisdiction to enforce the terms of the parties settlement agreement. This sentence is necessary because a stipulation of dismissal is otherwise self-executing and deprives the Court of jurisdiction to do anything further. See Anago Franchising, Inc. v. Shaz, LLC , 677 F.3d 1272, 1280 (11th Cir. 2012). Signed by Judge Robert N. Scola, Jr. on 2/22/2019. (vgn)
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| Filing 6 NOTICE of Voluntary Dismissal without prejudice by Anne Marie St. George (Matthews, Earnest) |
| Filing 5 ANSWER and Affirmative Defenses to Complaint re the Notice of Removal by American Security Insurance Company. (Lazaro, Daniel) |
| Filing 4 Certificate of Other Affiliates/Corporate Disclosure Statement by American Security Insurance Company identifying Corporate Parent Assurant, Inc. for American Security Insurance Company (Lazaro, Daniel) |
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Filing 3
ORDER Requiring Discovery And Scheduling Conference AndOrder Referring Discovery Matters To The Magistrate Judge. Signed by Judge Robert N. Scola, Jr on 2/14/2019. See attached document for full details. (kpe)
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| Filing 2 Clerks Notice of Judge Assignment to Judge Robert N. Scola, Jr. 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. 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. (kpe) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Complaint) Filing fee $ 400.00 receipt number 113C-11393997, filed by American Security Insuance Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Civil Cover Sheet)(Lazaro, Daniel) |
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