Plantation Open MRI LLC v. Infinity Auto Insurance Company
| Plantation Open MRI LLC |
| Infinity Auto Insurance Company |
| Infinity Indemnity Insurance Company |
| 0:2019cv60911 |
| April 8, 2019 |
| U.S. District Court for the Southern District of Florida |
| Patrick M Hunt |
| Robert N Scola |
| Insurance |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 3, 2019. A more recent docket listing may be available from PACER.
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Filing 41
Order Granting Defendants Motion to Dismiss. ORDER granting #9 Motion to Dismiss for Failure to State a Claim; denying as moot #4 Motion to Change Venue; denying as moot #5 Motion to Stay; denying as moot #20 Motion to Remand; denying as moot 21 Motion for Sanctions; denying as moot 21 Motion to Stay; denying as moot 21 Motion for Extension of Time; denying as moot 21 Motion to dismiss. The Clerk is directed to close Case No. 19-cv-60911-RNS and 19-cv-90612-RNS. All pending motions are denied as moot. Motions Terminated: #9 Defendant's MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM filed by Infinity Auto Insurance Company, 21 MOTION for Sanctions MOTION to Stay MOTION for Extension of Time MOTION Jurisdictional Discovery Pending Adjudication of Subject Matter Jurisdiction filed by Plantation Open MRI LLC, #20 Motion to Remand filed by Plantation Open MRI LLC, #4 Defendant's MOTION to Change Venue /Transfer ReFiled Action to Judge Cohn's Division filed by Infinity Auto Insurance Company, #5 Defendant's MOTION to Stay re #1 Notice of Removal (State Court Complaint), Proceedings Pending Resolution of Appeal filed by Infinity Auto Insurance Company. Signed by Judge Robert N. Scola, Jr on 7/3/2019. See attached document for full details. (amb)
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| Filing 40 SCHEDULING REPORT - Rule 26(f) by Infinity Auto Insurance Company (Labrit, Suzanne) |
| Filing 39 REPLY to Response to Motion re #20 Motion to Remand MOTION FOR SANCTIONS, OR IN THE ALTERNATIVE, MOTION TO STAY, MOTION FOR EXTENSION OF TIME, AND/OR MOTION FOR JURISDICTIONAL DISCOVERY PENDING ADJUDICATION OF SUBJECT MATTER JURISDICTION filed by Plantation Open MRI LLC. (Font, Jose) |
| Set/Reset Deadline as to #20 Motion to Remand. Replies due by 6/10/2019. SEE DE 38 ORDER (ail) |
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Filing 38
PAPERLESS ORDER: The Court grants #36 the Plaintiff's motion for an extension of time to file its reply in support of its motion to remand. The Plaintiff's reply is due on or before June 10, 2019. The Court, however, reminds the Plaintiff that motions for extension of time do not toll a litigant's obligations to comply with deadlines under the Local Rules. The Plaintiff's decision to e-mail opposing counsel at 4:15 p.m. on the day of the deadline and then file the motion for extension of time at 11:17 p.m. hardly displays diligence. Signed by Judge Robert N. Scola, Jr. on 6/5/2019. (jaa)
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| Filing 37 RESPONSE to Motion re #36 Plaintiff's MOTION for Extension of Time to File Response/Reply/Answer as to #32 Response in Opposition to Motion to Remand, Motion for Sanctions, or in the Alternative, Motion for Jurisdictional Discovery Pending Adjudication of Subject M filed by Infinity Auto Insurance Company, Infinity Indemnity Insurance Company. Replies due by 6/12/2019. (Labrit, Suzanne) |
| Filing 36 Plaintiff's MOTION for Extension of Time to File Response/Reply/Answer as to #32 Response in Opposition to Motion to Remand, Motion for Sanctions, or in the Alternative, Motion for Jurisdictional Discovery Pending Adjudication of Subject Matter Jurisdiction by Plantation Open MRI LLC. (Font, Jose) |
| Filing 35 NOTICE OF UNAVAILABILITY by Infinity Auto Insurance Company (Labrit, Suzanne) |
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Filing 34
GENERAL ORDER ON DISCOVERY OBJECTIONS AND PROCEDURES BEFORE UNITED STATES MAGISTRATE JUDGE PATRICK M. HUNT. The parties should carefully review the Order in that it requires expedited briefing, provides for modified page limitations and special conferral requirements before a motion is filed, limits the type of permissible discovery objections as well as modifying other discovery procedures Signed by Magistrate Judge Patrick M. Hunt on 5/30/2019. See attached document for full details. (sl00)
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Filing 33
Order Requiring Discovery And Scheduling Conference And Order Referring Discovery Matters To The Magistrate Judge. ORDER REFERRING CASE to Magistrate Judge Patrick M. Hunt for all discovery motions in this case. Signed by Judge Robert N. Scola, Jr on 5/29/2019. See attached document for full details. (amb)
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| Filing 32 RESPONSE in Opposition re #20 Motion to Remand filed by Infinity Auto Insurance Company. Replies due by 6/4/2019. (Labrit, Suzanne) |
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Filing 31
ORDER granting #7 Motion to Consolidate Cases in case 0:19-cv-60911-RNS. Signed by Judge Robert N. Scola, Jr. on 5/24/2019. See attached document for full details. Associated Cases: 0:19-cv-60911-RNS, 0:19-cv-60912-RNS (ar2) Modified text on 5/28/2019 (ar2).
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| Set/Reset Deadline as to #20 Motion to Remand. Responses due by 5/28/2019. SEE DE 30 ORDER (ail) |
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Filing 30
PAPERLESS ORDER: The Court grants #27 the Defendant's motion for extension of time to respond to the Plaintiff's motion to remand. The Defendant's response is due on or before May 28, 2019. Signed by Judge Robert N. Scola, Jr. on 5/16/2019. (jaa)
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| Filing 29 NOTICE by Infinity Auto Insurance Company re #20 Motion to Remand of Non-Objection to Defendant's Motion for Extension of Time to File Response in Opposition to Plaintiff's Motion to Remand (DE. 20) (Tozier, Garrett) |
| Filing 28 RESPONSE in Support re #9 Defendant's MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM filed by Infinity Auto Insurance Company. (Labrit, Suzanne) |
| Filing 27 Defendant's MOTION for Extension of Time to file Response in Opposition to Plaintiff's Motion to Remand DE 20/DE 21 re #20 Motion to Remand, 21 MOTION for Sanctions MOTION to Stay MOTION for Extension of Time MOTION Jurisdictional Discovery Pending Adjudication of Subject Matter Jurisdiction ( Responses due by 5/28/2019), MOTION for Extension of Time to File Response/Reply/Answer as to #20 Motion to Remand, 21 MOTION for Sanctions MOTION to Stay MOTION for Extension of Time MOTION Jurisdictional Discovery Pending Adjudication of Subject Matter Jurisdiction by Infinity Auto Insurance Company. (Attachments: #1 Text of Proposed Order Granting Motion for Extension of Time)(Labrit, Suzanne) |
| Filing 26 RESPONSE to Motion re #9 Defendant's MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM filed by Plantation Open MRI LLC. Replies due by 5/15/2019. (Font, Jose) |
| Filing 25 REPLY to Response to Motion re #7 Defendant's MOTION to Consolidate Cases 19-cv-60911 and 19-cv-60912 filed by Infinity Auto Insurance Company. (Labrit, Suzanne) |
| Filing 24 REPLY to Response to Motion re #4 Defendant's MOTION to Change Venue /Transfer ReFiled Action to Judge Cohn's Division filed by Infinity Auto Insurance Company. (Labrit, Suzanne) |
| Filing 23 REPLY to Response to Motion re #5 Defendant's MOTION to Stay re #1 Notice of Removal (State Court Complaint), Proceedings Pending Resolution of Appeal filed by Infinity Auto Insurance Company. (Labrit, Suzanne) |
| Filing 22 Clerks Notice to Filer re #20 Motion to Remand. Wrong Event Selected - Document is a Motion; ERROR - The Filer selected the wrong event. A motion event must always be selected when filing a motion. The correction were made by the Clerk. It is not necessary to refile this document. SEE DE 21 MOTION for Sanctions MOTION to Stay MOTION for Extension of Time MOTION Jurisdictional Discovery Pending Adjudication of Subject Matter Jurisdiction, (ail) |
| Filing 21 MOTION for Sanctions, MOTION to Stay, MOTION for Extension of Time ( Responses due by 5/17/2019), and/or MOTION for Jurisdictional Discovery Pending Adjudication of Subject Matter Jurisdiction by Plantation Open MRI LLC. SEE DE #20 for Image (ail) |
| Filing 20 MOTION to Remand re #7 Defendant's MOTION to Consolidate Cases 19-cv-60911 and 19-cv-60912, #4 Defendant's MOTION to Change Venue /Transfer ReFiled Action to Judge Cohn's Division, #5 Defendant's MOTION to Stay re #1 Notice of Removal (State Court Complaint), Proceedings Pending Resolution of Appeal filed by Plantation Open MRI LLC. Replies due by 5/10/2019. (Font, Jose) Events Modified on 5/6/2019 (ail). |
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Filing 19
PAPERLESS ORDER denying as moot #17 Motion for Protective Order and/or Motion to Strike Plaintiff's Notice of Taking Deposition in that the deposition date has already passed. Further, the undersigned finds that the conferral indicated was not meaningful and the Court is unaware whether the deposition went forward and whether the parties worked out the issues presented. Signed by Magistrate Judge Patrick M. Hunt on 5/2/2019. (sl00)
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Filing 18
ORDER REFERRING #17 Defendant's MOTION for Protective Order /Motion to Strike Plaintiff's Notice of Taking Deposition Duces Tecum of Defendant's Corporate Representative filed by Infinity Auto Insurance Company. Motions referred to Judge Patrick M. Hunt. Signed by Judge Robert N. Scola, Jr on 5/1/2019. See attached document for full details. (ail)
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| Filing 17 Defendant's MOTION for Protective Order /Motion to Strike Plaintiff's Notice of Taking Deposition Duces Tecum of Defendant's Corporate Representative by Infinity Auto Insurance Company. (Attachments: #1 Exhibit 1- Notice of Taking Deposition, #2 Text of Proposed Order 2- Proposed Order Granting)(Labrit, Suzanne) |
| Set/Reset Deadlines as to #7 Defendant's MOTION to Consolidate Cases 19-cv-60911 and 19-cv-60912, #4 Defendant's MOTION to Change Venue /Transfer ReFiled Action to Judge Cohn's Division, #5 Defendant's MOTION to Stay re #1 Notice of Removal (State Court Complaint), Proceedings Pending Resolution of Appeal, #9 Defendant's MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM . Responses due by 5/3/2019 Responses due by 5/7/2019 (lh)see Order DE# 16 |
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Filing 16
PAPERLESS ORDER: The Court grants in part and denies in part #11 , #12 , #13 , and #14 the Plaintiff's motions for extensions of time to respond to four motions filed by the Defendant. Unhelpfully, the Plaintiff informs the Defendant agreed to an extension, generally, but that the parties were unable to agree on the length of the extension. The Plaintiff asks for just in excess of two-weeks' extension for all four responses but provides no information regarding what the Defendant proposes. The Court therefore grants the Plaintiff's motion in part. The Plaintiff must file his responses to the Defendant's motions to transfer, stay, and consolidate on or before May 3, 2019, and must file his response to the Defendant's motion to dismiss on or before May 7, 2019. Signed by Judge Robert N. Scola, Jr. on 4/26/2019. (kbe)
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| Filing 15 Clerks Notice to Filer re #14 Plaintiff's MOTION for Extension of Time to File a Response to Defendant's Motion to Dismiss Plaintiff's Complaint and Incorporated Memorandum of Law re #9 Defendant's MOTION TO DISMISS #1 Notice of Removal (State Cour, #12 Plaintiff's MOTION for Extension of Time to File a Response to Defendant's Motion to Stay Proceedings Pending Resolution of Appeal re #5 Defendant's MOTION to Stay re #1 Notice of Removal (State Court Complaint), Pr, #11 Plaintiff's MOTION for Extension of Time to File a Response to Defendant's Motion to Transfer Action and Incorporated Memorandum of Law re #4 Defendant's MOTION to Change Venue /Transfer ReFiled Action to Judge Cohn', #13 Plaintiff's MOTION for Extension of Time to File a Response to Defendant's Motion to Consolidate Actions and Incorporated Actions and Incorporated Memorandum of Law re #7 Defendant's MOTION to Consolidate Cases 19-cv-6091. Wrong Motion Relief(s) Selected; ERROR - The Filer selected the wrong motion relief(s) when docketing the motion. The correction was made by the Clerk. It is not necessary to refile this document but future motions filed must include applicable reliefs. (ls) |
| Filing 14 Plaintiff's Motion for Extension of Time to File Response/Reply/Answer as to #9 Defendant's MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM by Plantation Open MRI LLC. Responses due by 5/9/2019 (Font, Jose) Modified Relief on 4/26/2019 (ls). |
| Filing 13 Plaintiff's Motion for Extension of Time to File Response/Reply/Answer as to #7 Defendant's MOTION to Consolidate Cases 19-cv-60911 and 19-cv-60912 by Plantation Open MRI LLC. Responses due by 5/9/2019 (Font, Jose) Modified Relief on 4/26/2019 (ls). |
| Filing 12 Plaintiff's Motion for Extension of Time to File Response/Reply/Answer as to #5 Defendant's MOTION to Stay re #1 Notice of Removal (State Court Complaint), Proceedings Pending Resolution of Appeal by Plantation Open MRI LLC. Responses due by 5/9/2019 (Font, Jose) Modified Relief on 4/26/2019 (ls). |
| Filing 11 Plaintiff's Motion for Extension of Time to File Response/Reply/Answer as to #4 Defendant's MOTION to Change Venue /Transfer ReFiled Action to Judge Cohn's Division by Plantation Open MRI LLC. Responses due by 5/9/2019 (Font, Jose) Modified Relief on 4/26/2019 (ls). |
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Filing 10
PAPERLESS ORDER: The Court denies as moot #8 the Defendant's motion for extension of time to file a response to the complaint. It appears the Defendant filed a motion to dismiss on April 15, 2019 #9 . Signed by Judge Robert N. Scola, Jr. on 4/16/2019. (jaa)
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| Filing 9 Defendant's MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM by Infinity Auto Insurance Company. Responses due by 4/29/2019 (Labrit, Suzanne) |
| Filing 8 First MOTION for Extension of Time to File Response/Reply/Answer to Plaintiff's Complaint by Infinity Auto Insurance Company. (Attachments: #1 Exhibit)(Labrit, Suzanne) |
| Filing 7 Defendant's MOTION to Consolidate Cases 19-cv-60911 and 19-cv-60912 by Infinity Auto Insurance Company. Responses due by 4/25/2019 (Labrit, Suzanne) |
| Filing 6 Corporate Disclosure Statement by Infinity Auto Insurance Company identifying Corporate Parent Infinity Property and Casualty Corporation, Corporate Parent Kemper Corporation, Corporate Parent Infinity Insurance Company, Other Affiliate Infinity Indemnity Insurance Company for Infinity Auto Insurance Company (Labrit, Suzanne) |
| Filing 5 Defendant's MOTION to Stay re #1 Notice of Removal (State Court Complaint), Proceedings Pending Resolution of Appeal by Infinity Auto Insurance Company. Responses due by 4/25/2019 (Labrit, Suzanne) |
| Filing 4 Defendant's MOTION to Change Venue /Transfer ReFiled Action to Judge Cohn's Division by Infinity Auto Insurance Company. Responses due by 4/25/2019 (Labrit, Suzanne) |
| Filing 3 Notice of Pending, Refiled, Related or Similar Actions by Infinity Auto Insurance Company (Attachments: #1 Exhibit 1- Order of Dismissal with Prejudice of First-Filed Action) (Labrit, Suzanne) |
| 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. (amb) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Complaint) Filing fee $ 400.00 receipt number 113C-11537273, filed by Infinity Auto Insurance Company. (Attachments: #1 Exhibit 1-State court pleadings, #2 Exhibit 2- Original Notice of Removal/Aff in Support, #3 Exhibit 3- 11th Circuit Jurisdictional Response, #4 Exhibit 4- Interest in POM, #5 Exhibit 5- Byers Homestead, #6 Exhibit 6- Hornsby Homestead, #7 Civil Cover Sheet 7- Civil Cover Sheet)(Labrit, Suzanne) |
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