Plantation Open MRI LLC v. Infinity Indemnity Insurance Company
Plaintiff: Plantation Open MRI LLC
Defendant: Infinity Indemnity Insurance Company
Case Number: 0:2019cv60912
Filed: April 8, 2019
Court: U.S. District Court for the Southern District of Florida
Presiding Judge: Patrick M Hunt
Referring Judge: Robert N Scola
2 Judge: William J Zloch
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Both
Docket Report

This docket was last retrieved on July 3, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 3, 2019 Opinion or Order Filing 33 Order Granting Defendants Motion to Dismiss. ORDER granting #10 Motion to Dismiss for Failure to State a Claim; denying as moot #5 Motion to Change Venue; denying as moot #6 Motion to Stay; denying as moot #18 Motion for Protective Order; denying as moot #20 Motion to Remand; denying as moot #21 Motion to Remand; denying as moot #23 Motion for Extension of Time to File Response/Reply/Answer. 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: #18 Defendant's MOTION for Protective Order /To Strike Plaintiff's Notice of Taking Deposition Duces Tecum for May 3, 2019 filed by Infinity Indemnity Insurance Company, #20 Plaintiff's MOTION to Remand filed by Plantation Open MRI LLC, #5 Defendant's MOTION to Change Venue /Transfer ReFiled Action to Judge Cohn's Division filed by Infinity Indemnity Insurance Company, #23 Defendant's MOTION for Extension of Time to File Response/Reply/Answer as to #20 Plaintiff's MOTION to Remand filed by Infinity Indemnity Insurance Company, #10 Defendant's MOTION TO DISMISS #1 Notice of Removal (State Court Complaint),, FOR FAILURE TO STATE A CLAIM filed by Infinity Indemnity Insurance Company, #6 Defendant's MOTION to Stay re #1 Notice of Removal (State Court Complaint),, Proceedings Pending Resolution of Appeal filed by Infinity Indemnity Insurance Company, #21 MOTION to Remand re 8 Defendant's MOTION to Consolidate Cases 19-cv-60911 and 19-cv-60912, 5 Defendant's MOTION to Change Venue /Transfer ReFiled Action to Judge Cohn's Division, 6 Defendant's MOTION to Stay re 1 Notice of Remo filed by Plantation Open MRI LLC. Signed by Judge Robert N. Scola, Jr on 7/3/2019. See attached document for full details. (amb)
May 31, 2019 Filing 32 NOTICE OF UNAVAILABILITY by Infinity Indemnity Insurance Company (Labrit, Suzanne)
May 29, 2019 Opinion or Order Filing 31 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 Discovery Matters. Signed by Judge Robert N. Scola, Jr on 5/29/2019. See attached document for full details. (amb)
May 24, 2019 Opinion or Order Filing 30 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)
May 24, 2019 Cases associated. (ar2)
May 24, 2019 Opinion or Order Filing 29 ORDER OF TRANSFER to Judge Robert N. Scola, Jr for all further proceedings, accepted and signed on 5/24/2019. Senior Judge William J. Zloch no longer assigned to case. Signed by Senior Judge William J. Zloch on 5/23/2019. See attached document for full details. (kpe)
May 22, 2019 Filing 28 RESPONSE in Opposition re #21 MOTION to Remand re 8 Defendant's MOTION to Consolidate Cases 19-cv-60911 and 19-cv-60912, 5 Defendant's MOTION to Change Venue /Transfer ReFiled Action to Judge Cohn's Division, 6 Defendant's MOTION to Stay re 1 Notice of Remo, #20 Plaintiff's MOTION to Remand filed by Infinity Indemnity Insurance Company. Replies due by 5/29/2019. (Attachments: #1 Exhibit 1)(Labrit, Suzanne)
May 17, 2019 Filing 27 RESPONSE in Support re #10 Defendant's MOTION TO DISMISS #1 Notice of Removal (State Court Complaint),, FOR FAILURE TO STATE A CLAIM filed by Infinity Indemnity Insurance Company. (Labrit, Suzanne)
May 17, 2019 Filing 26 RESPONSE in Support re #5 Defendant's MOTION to Change Venue /Transfer ReFiled Action to Judge Cohn's Division filed by Infinity Indemnity Insurance Company. (Labrit, Suzanne)
May 17, 2019 Filing 25 RESPONSE in Support re #6 Defendant's MOTION to Stay re #1 Notice of Removal (State Court Complaint),, Proceedings Pending Resolution of Appeal filed by Infinity Indemnity Insurance Company. (Labrit, Suzanne)
May 17, 2019 Filing 24 RESPONSE in Support re #8 Defendant's MOTION to Consolidate Cases 19-cv-60911 and 19-cv-60912 filed by Infinity Indemnity Insurance Company. (Labrit, Suzanne)
May 14, 2019 Filing 23 Defendant's MOTION for Extension of Time to File Response/Reply/Answer as to #20 Plaintiff's MOTION to Remand by Infinity Indemnity Insurance Company. (Attachments: #1 Text of Proposed Order Granting Motion for Extension)(Labrit, Suzanne)
May 13, 2019 Filing 22 RESPONSE to Motion re #10 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 5/20/2019. (Font, Jose)
May 10, 2019 Filing 21 MOTION to Remand re 8 Defendant's MOTION to Consolidate Cases 19-cv-60911 and 19-cv-60912, 5 Defendant's MOTION to Change Venue /Transfer ReFiled Action to Judge Cohn's Division, 6 Defendant's MOTION to Stay re 1 Notice of Removal (State Court Complaint), Proceedings Pending Resolution of Appeal by Plantation Open MRI LLC. (Font, Jose)
May 8, 2019 Filing 20 Plaintiff's MOTION to Remand by Plantation Open MRI LLC. (Font, Jose)
May 6, 2019 Filing 19 Defendant's SCHEDULING REPORT - Rule 16.1 by Infinity Indemnity Insurance Company (Madani, Victoria)
May 2, 2019 Filing 18 Defendant's MOTION for Protective Order /To Strike Plaintiff's Notice of Taking Deposition Duces Tecum for May 3, 2019 by Infinity Indemnity Insurance Company. (Attachments: #1 Exhibit 1- Notice of Taking Deposition, #2 Text of Proposed Order 2- Proposed Order)(Labrit, Suzanne)
April 29, 2019 Opinion or Order Filing 17 PAPERLESS ORDER granting #11 Motion for Extension of Time to File ; granting #12 Motion for Extension of Time to File ; granting #13 Motion for Extension of Time to File ; granting #14 Motion for Extension of Time to File. Plaintiff has until noon on Friday, May 10, 2019 to respond to Defendant's #5 #6 #8 Motions and Plaintiff has until noon on Monday, May 13, 2019 to respond to Defendant's #10 Motion To Dismiss. Signed by Senior Judge William J. Zloch on 4/29/2019. (pb01)
April 29, 2019 Opinion or Order Filing 16 PAPERLESS ORDER denying as moot #9 Motion for Extension of Time to File Response/Reply/Answer. The Motion is moot as per Defendant's #10 Motion To Dismiss. Signed by Senior Judge William J. Zloch on 4/29/2019. (pb01)
April 29, 2019 Reset Deadlines Per DE#17. Responses due by 5/10/2019 (cqs)
April 26, 2019 Filing 15 Clerks Notice to Filer re #13 Plaintiff's MOTION for Extension of Time to File a Response to Defendant's Motion to Consolidate Actions and Incorporated Memorandum of Law re #8 Defendant's MOTION to Consolidate Cases 19-cv-60911 and 19-cv-60912, #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 #10 Defendant's MOTION TO DISMISS #1 Notice of Removal (State Cou, #11 Plaintiff's MOTION for Extension of Time to File a Response to Defendant's Motion to Transfer Action and Incorpoarted Memorandum of Law re #5 Defendant's MOTION to Change Venue /Transfer ReFiled Action to Judge Cohn', #12 Plaintiff's MOTION for Extension of Time to File a Response to Defendant's Motion to Stay Proceedings Pending Resolution of Appeal re #6 Defendant's MOTION to Stay re #1 Notice of Removal (State Court Complaint),, P. 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)
April 25, 2019 Filing 14 Plaintiff's Motion for Extension of Time to File Response/Reply/Answer as to #10 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).
April 25, 2019 Filing 13 Plaintiff's Motion for Extension of Time to File Response/Reply/Answer as to #8 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).
April 25, 2019 Filing 12 Plaintiff's Motion for Extension of Time to File Response/Reply/Answer as to #6 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).
April 25, 2019 Filing 11 Plaintiff's Motion for Extension of Time to File Response/Reply/Answer as to #5 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).
April 15, 2019 Filing 10 Defendant's MOTION TO DISMISS #1 Notice of Removal (State Court Complaint),, FOR FAILURE TO STATE A CLAIM by Infinity Indemnity Insurance Company. Responses due by 4/29/2019 (Labrit, Suzanne)
April 15, 2019 Filing 9 First MOTION for Extension of Time to File Response/Reply/Answer to Plaintiff's Complaint by Infinity Indemnity Insurance Company. (Attachments: #1 Exhibit)(Labrit, Suzanne)
April 11, 2019 Filing 8 Defendant's MOTION to Consolidate Cases 19-cv-60911 and 19-cv-60912 by Infinity Indemnity Insurance Company. Responses due by 4/25/2019 (Labrit, Suzanne)
April 11, 2019 Filing 7 Corporate Disclosure Statement by Infinity Indemnity Insurance Company identifying Corporate Parent Infinity Property and Casualty Corporation, Corporate Parent Kemper Corporation, Corporate Parent Infinity Insurance Company, Other Affiliate Infinity Auto Insurance Company for Infinity Indemnity Insurance Company (Labrit, Suzanne)
April 11, 2019 Filing 6 Defendant's MOTION to Stay re #1 Notice of Removal (State Court Complaint),, Proceedings Pending Resolution of Appeal by Infinity Indemnity Insurance Company. Responses due by 4/25/2019 (Labrit, Suzanne)
April 11, 2019 Filing 5 Defendant's MOTION to Change Venue /Transfer ReFiled Action to Judge Cohn's Division by Infinity Indemnity Insurance Company. Responses due by 4/25/2019 (Labrit, Suzanne)
April 10, 2019 Opinion or Order Filing 4 ORDER of Instructions. Signed by Senior Judge William J. Zloch on 4/10/2019. See attached document for full details. (bc)
April 8, 2019 Filing 3 Notice of Pending, Refiled, Related or Similar Actions by Infinity Indemnity Insurance Company (Attachments: #1 Exhibit 1- Order of Dismissal First-Filed Action) (Labrit, Suzanne)
April 8, 2019 Filing 2 Clerks Notice of Judge Assignment to Senior Judge William J. Zloch. 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. (kpe)
April 8, 2019 Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Complaint) Filing fee $ 400.00 receipt number 113C-11537277, filed by Infinity Indemnity Insurance Company. (Attachments: #1 Exhibit 1- State Court Pleadings, #2 Exhibit 2- Original Notice of Removal and Aff in Support, #3 Exhibit 3-11th Circuit 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 per instructions re-filed case)(Labrit, Suzanne)

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Defendant: Infinity Indemnity Insurance Company
Represented By: Garrett Andrew Tozier
Represented By: Suzanne Youmans Labrit
Represented By: Rachel Marie La Montagne
Represented By: Victoria San Pedro Madani
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Plaintiff: Plantation Open MRI LLC
Represented By: Jose Pete Font
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