Mack v. USAA Casualty Insurance Company
| Leroy Mack |
| USAA Casualty Insurance Company |
| 0:2019cv61366 |
| May 31, 2019 |
| US District Court for the Southern District of Florida |
| Marcia G Cooke |
| Patrick M Hunt |
| Insurance |
| 28 U.S.C. § 1332 |
| Defendant |
Docket Report
RSS Track this Docket
This docket was last retrieved on March 10, 2020. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 66 Pursuant to F.R.A.P. 11(c), the Clerk of the District Court for the Southern District of Florida certifies that the record is complete for purposes of this appeal re: #59 Notice of Appeal, Appeal No. 19-14958-AA. The entire record on appeal is available electronically. (hh) |
| Filing 65 TRANSCRIPT INFORMATION FORM by Leroy Mack re #59 Notice of Appeal. Hearing transcript(s) ordered. Order placed by Scott Jeeves. Email sent to Court Reporter Coordinator.(transcript filed see de#60 ) (hh) |
| Filing 64 Clerks Notice to Filer re #63 Transcript Redaction Request. Wrong Event Selected; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, see [de#65]. It is not necessary to refile this document. (hh) |
| Filing 63 Transcript Redaction Request re #60 Transcript,, by attorney Scott Jeeves (Jeeves, Scott) |
| Filing 62 TRANSCRIPT NOTIFICATION - by Roger Mandel, Esq. has/have been filed by Court Reporter: Jill Wells, 305-523-5158 / Jill_Wells@flsd.uscourts.gov re #59 Notice of Appeal,.**** DOCKET ENTRY 60 **** (jfi) |
| Filing 61 Acknowledgment of Receipt of NOA from USCA re #59 Notice of Appeal, filed by Leroy Mack. Date received by USCA: 12/11/19. USCA Case Number: 19-14958-AA. (hh) |
| Filing 60 TRANSCRIPT of Motion Hearing held on 11/6/19 before Judge Marcia G. Cooke, 1-27 pages, Court Reporter: Jill Wells, 305-523-5158 / Jill_Wells@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/3/2020. Redacted Transcript Deadline set for 1/13/2020. Release of Transcript Restriction set for 3/12/2020. (jfi) |
| Filing 59 Notice of Appeal as to #58 Order on Motion to Dismiss by Leroy Mack. Filing fee $ 505.00 receipt number 113C-12216487. Within fourteen days of the filing date of a Notice of Appeal, the appellant must complete the Eleventh Circuit Transcript Order Form regardless of whether transcripts are being ordered [Pursuant to FRAP 10(b)]. For information go to our FLSD website under Transcript Information. (Attachments: #1 Exhibit Exhibit)(Jeeves, Scott) |
| Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re #59 Notice of Appeal. Notice has been electronically mailed. (hh) |
Filing 58
ORDER Granting #21 Motion to Dismiss. Closing Case. Signed by Judge Marcia G. Cooke on 11/19/2019. See attached document for full details. (smz)
|
|
Filing 57
ENDORSED ORDER Scheduling Mediation. The mediation conference in this matter shall be held with Rodney Max on January 28, 2020, at 8:30 a.m., at 900 South Pine Island Road, Suite 410, Plantation, Florida 33324. This date shall not be rescheduled outside of the deadline for mediation set forth in the scheduling order without leave of Court. Failure to comply with this Order may result in sanctions. Within five days following the mediation conference, the Mediator shall file a Mediation Report indicating whether all required parties were present. The report shall also indicate whether the case settled (in full or in part), was continued with the consent of the parties, or whether the mediator declared an impasse. Signed by Judge Marcia G. Cooke on 11/19/2019. (smz)
|
| Filing 56 PAPERLESS Minute Entry for proceedings held before Judge Marcia G. Cooke: Motion Hearing held on 11/6/2019 re #21 MOTION to Dismiss the State Court Complaint contained within the Notice of Removal with Prejudice #1 Notice of Removal (State Court Complaint), filed by USAA Casualty Insurance Company. Total time in court: 30 minutes. Attorney Appearances: Alec Huff Schultz, Sidney Charles Calloway, Rodger L. Eckelberry. Court Reporter: Jill Felicetti, 305-523-5158 / Jill_Felicetti@flsd.uscourts.gov. (im) |
| Filing 55 NOTICE by USAA Casualty Insurance Company of Filing Joint Proposed Amended Order Scheduling Mediation (Attachments: #1 Text of Proposed Order) (Calloway, Sidney) |
|
Filing 54
ENDORSED ORDER Scheduling Mediation. The mediation conference in this matter shall be held with Rodney Max on January 28, 2020, at 9:00 A.M., at 200 East Broward Blvd., Suite 2100, Fort Lauderdale, FL 33301. This date shall not be rescheduled outside of the deadline for mediation set forth in the scheduling order without leave of Court. Failure to comply with this Order may result in sanctions. Within five days following the mediation conference, the Mediator shall file a Mediation Report indicating whether all required parties were present. The report shall also indicate whether the case settled (in full or in part), was continued with the consent of the parties, or whether the mediator declared an impasse. Signed by Judge Marcia G. Cooke on 10/29/2019. (smz)
|
|
Filing 53
ENDORSED ORDER Resetting Hearing on #21 Motion. Oral argument regarding Defendant's #21 Motion to Dismiss is hereby RESCHEDULED to November 6, 2019, at 2:00 p.m., in Miami Division before Judge Marcia G. Cooke. Signed by Judge Marcia G. Cooke on 10/29/2019. (smz)
|
| Filing 52 NOTICE by USAA Casualty Insurance Company of Filing Joint Proposed Order Scheduling Mediation (Attachments: #1 Text of Proposed Order) (Calloway, Sidney) |
| Filing 51 NOTICE by USAA Casualty Insurance Company of Filing Proposed Stipulated Order Governing Discovery of Electronically Stored Information (Attachments: #1 Text of Proposed Order proposed Stipulated Order Governing Discovery of ESI) (Calloway, Sidney) |
| Filing 50 Notice of Supplemental Authority re #47 Reply to Response to Motion, #41 Reply to Response to Motion, by Leroy Mack (Attachments: #1 Exhibit) (Jeeves, Scott) |
|
Filing 49
PAPERLESS ORDER granting #46 Motion to Appear Pro Hac Vice for Attorney Andrea C. Wiltrout. Andrea C. Wiltrout may appear on behalf of Defendant USAA Casualty Company. The Clerk shall provide Notice of Electronic Filings to Andrea C. Wiltrout at awiltrout@bakerlaw.com. Signed by Magistrate Judge Patrick M. Hunt on 9/19/2019. (hhr)
|
|
Filing 48
PAPERLESS ORDER granting #38 Motion to Appear Pro Hac Vice for Attorney Arthur M. Murray, with the understanding that local counsel has consented to electronically serve all documents and things that may be served electronically and consented to serving documents in compliance with the CM/ECF Administrative Procedures. Arthur M. Murray may appear on behalf of Plaintiff Leroy Mack. The Clerk shall provide Notice of Electronic Filings to Arthur M. Murray at amurray@murray-lawfirm.com. Signed by Magistrate Judge Patrick M. Hunt on 9/19/2019. (hhr)
|
| Filing 47 SUR-REPLY to Response to Motion re #21 MOTION to Dismiss the State Court Complaint contained within the Notice of Removal with Prejudice #1 Notice of Removal (State Court Complaint), filed by Leroy Mack. (Rothburd, Craig) Modified Text on 9/16/2019 (ls). |
| Filing 46 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Andrea C. Wiltrout. Filing Fee $ 75.00 Receipt # 113C-11966599 by USAA Casualty Insurance Company. Responses due by 9/23/2019 (Attachments: #1 Text of Proposed Order Proposed Order)(Calloway, Sidney) |
| Filing 45 Notice of Pending, Refiled, Related or Similar Actions by USAA Casualty Insurance Company (Calloway, Sidney) |
|
Filing 44
ENDORSED ORDER Granting in Part and Denying in Part #35 Motion to Strike. The #35 Motion is granted in part to the extent that Plaintiff may file a sur-reply regarding the #21 Motion to Dismiss. The sur-reply, which must be no greater than seven pages in length, must be filed no later than September 13, 2019. Signed by Judge Marcia G. Cooke on 9/6/2019. (smz)
|
| Filing 43 NOTICE by USAA Casualty Insurance Company of Filing proposed stipulated Confidentiality and Protective Order (Attachments: #1 Text of Proposed Order Confidentiality and Protective Order) (Calloway, Sidney) |
|
Filing 42
ENDORSED ORDER Denying #39 Motion to Modify the Scheduling Order. A district court has broad discretion in determining whether a stay is appropriate. Clinton v. Jones, 520 U.S. 681, 706 (1997). Here, the Parties put forward two grounds in requesting "[a]n extension of all deadlines by 90 days." ECF No. #39 at p. 4. First, the Parties wish to "hold off on discovery" until the Court rules on Defendant's #21 Motion to Dismiss. Id. The Court declines to stay this matter on that basis. See, e.g., Bocciolone v. Solowsky, 2008 WL 2906719, at *1 (S.D. Fla. July 24, 2008) ("[C]ourts have consistently rejected any per se requirement to stay discovery pending resolution of a dispositive motion."). Second, the Parties claim that the Court's #33 Scheduling Order will "create foreseeable scheduling issues" because certain discovery deadlines fall in December and January. ECF No. #39 at p. 4. The deadlines in question, however, remain several months ahead, and such scheduling issues have not yet arisen. The Parties may move for a modest extension of time to complete discovery if and when an actual scheduling conflict arises. Signed by Judge Marcia G. Cooke on 9/5/2019. (smz)
|
| Filing 41 REPLY to Response to Motion re #35 Plaintiff's MOTION to Strike #34 Reply to Response to Motion, #21 MOTION to Dismiss the State Court Complaint contained within the Notice of Removal with Prejudice #1 Notice of Removal (State Court Complaint), filed by Leroy Mack. (Schultz, Alec) |
| Filing 40 RESPONSE in Opposition re #35 Plaintiff's MOTION to Strike #34 Reply to Response to Motion, #21 MOTION to Dismiss the State Court Complaint contained within the Notice of Removal with Prejudice #1 Notice of Removal (State Court Complaint), filed by USAA Casualty Insurance Company. Replies due by 9/5/2019. (Calloway, Sidney) |
| Filing 39 Joint EXPEDITED MOTION to Modify the Scheduling Order re #33 Scheduling Order,, Order Referring Case to Mediation, by USAA Casualty Insurance Company. (Attachments: #1 Affidavit Affidavit of Rodger L. Eckelberry, #2 Text of Proposed Order Proposed Order)(Calloway, Sidney) |
| Filing 38 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Arthur M. Murray. Filing Fee $ 75.00 Receipt # 113C-11928541 by Leroy Mack. Responses due by 9/6/2019 (Attachments: #1 Exhibit)(Jeeves, Scott) |
|
Filing 37
ENDORSED ORDER Setting Hearing on #21 Motion. Oral argument regarding Defendant's #21 Motion to Dismiss will be heard on October 30, 2019 at 11:00 a.m., in Miami Division before Judge Marcia G. Cooke. Signed by Judge Marcia G. Cooke on 8/19/2019. (smz)
|
| Filing 36 Notice of Supplemental Authority by USAA Casualty Insurance Company (Attachments: #1 Exhibit A) (Calloway, Sidney) |
| Filing 35 Plaintiff's MOTION to Strike #34 Reply to Response to Motion, #21 MOTION to Dismiss the State Court Complaint contained within the Notice of Removal with Prejudice #1 Notice of Removal (State Court Complaint), by Leroy Mack. Responses due by 8/29/2019 (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Jeeves, Scott) |
| Filing 34 REPLY to Response to Motion re #21 MOTION to Dismiss the State Court Complaint contained within the Notice of Removal with Prejudice #1 Notice of Removal (State Court Complaint), filed by USAA Casualty Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Calloway, Sidney) |
|
Filing 33
ORDER SETTING CIVIL TRIAL DATE AND PRETRIAL DEADLINES; ORDER OF REFERRAL TO MEDIATION. Jury Trial set for 6/8/2020 at 9:30 AM in Miami Division before Judge Marcia G. Cooke. Calendar Call set for 6/3/2020 at 3:00 PM in Miami Division before Judge Marcia G. Cooke. Dispositive Motions due by 12/6/2019. Mediation Deadline 1/31/2020. Signed by Judge Marcia G. Cooke on 8/5/2019. See attached document for full details. (smz)
|
|
Filing 32
PAPERLESS ORDER granting #29 Motion to Appear Pro Hac Vice for Attorney Mathew G. Drocton. Mathew G. Drocton may appear and participate in this action on behalf of USAA Casualty Insurance Company. The Clerk shall provide electronic notification of all electronic filings to Mathew G. Drocton, at mdrocton@bakerlaw.com. Signed by Magistrate Judge Patrick M. Hunt on 8/2/2019. (hhr)
|
|
Filing 31
ENDORSED ORDER Granting #30 Motion for Extension of Time. Defendant shall file its reply in support of the #21 Motion to Dismiss no later than August 9, 2019. Signed by Judge Marcia G. Cooke on 8/1/2019. (smz)
|
| Filing 30 Agreed MOTION for Extension of Time to File Reply in Support of Defendants Motion to Dismiss or Alternative Motion to Compel Contractually Mandated Appraisal and Stay of Action Pending Appraisal re #21 MOTION to Dismiss the State Court Complaint contained within the Notice of Removal with Prejudice #1 Notice of Removal (State Court Complaint), by USAA Casualty Insurance Company. Responses due by 8/13/2019 (Attachments: #1 Text of Proposed Order)(Calloway, Sidney) |
| Filing 29 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Mathew G. Drocton. Filing Fee $ 75.00 Receipt # 113C-11851702 by USAA Casualty Insurance Company. Responses due by 8/12/2019 (Attachments: #1 Text of Proposed Order)(Calloway, Sidney) |
| Filing 28 RESPONSE in Opposition re #21 MOTION to Dismiss the State Court Complaint contained within the Notice of Removal with Prejudice #1 Notice of Removal (State Court Complaint), filed by Leroy Mack. Replies due by 8/2/2019. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Supplement Exhibit D, #5 Exhibit Exhibit E)(Jeeves, Scott) |
| Filing 27 Joint SCHEDULING REPORT - Rule 16.1 by Leroy Mack (Attachments: #1 Exhibit Joint Proposed Scheduling Order)(Jeeves, Scott) |
|
Filing 26
ENDORSED ORDER Denying #25 Motion for Extension of Time. The filing of the #21 Motion to Dismiss is not a special circumstance warranting deviation from the standard procedural track. All deadlines and requirements set forth in the #19 Order remain in effect. Signed by Judge Marcia G. Cooke on 7/1/2019. (smz)
|
| Filing 25 Joint MOTION for Extension of Time Deadlines for Joint Scheduling Report & Joint Proposed Scheduling Order re #19 Order Referring Case to Magistrate Judge by Leroy Mack. Responses due by 7/12/2019 (Attachments: #1 Exhibit Proposed Order)(Jeeves, Scott) |
|
Filing 24
PAPERLESS ORDER granting #17 #18 Motions to Appear Pro Hac Vice. Martina T. Ellerbe and Rodger L. Eckelberry may appear and participate in this action on behalf of USAA Casualty Insurance Company. The Clerk shall provide electronic notification of all electronic filings to Martina T. Ellerbe, at mellerbe@bakerlaw.com, and to Rodger L. Eckelberry, at reckelberry@bakerlaw.com. Signed by Magistrate Judge Patrick M. Hunt on 6/27/2019. (hhr)
|
|
Filing 23
ENDORSED ORDER Granting #22 Motion for Extension of Time. Plaintiff shall respond to the #21 Motion to Dismiss no later than July 26, 2019. Signed by Judge Marcia G. Cooke on 6/26/2019. (smz)
|
| Filing 22 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #21 MOTION to Dismiss the State Court Complaint contained within the Notice of Removal with Prejudice #1 Notice of Removal (State Court Complaint), by Leroy Mack. (Attachments: #1 Text of Proposed Order)(Rothburd, Craig) |
| Filing 21 MOTION to Dismiss the State Court Complaint contained within the Notice of Removal with Prejudice #1 Notice of Removal (State Court Complaint), by USAA Casualty Insurance Company. Responses due by 7/8/2019 (Attachments: #1 Exhibit USAA CIC Auto Insurance Policy, #2 Exhibit Appraisal Demand Letter, #3 Exhibit Declaration of Rhonda Craighead, #4 Exhibit Declaration of Martina T. Ellerbe, #5 Text of Proposed Order Order Granting Defendant's Motion to Dismiss)(Calloway, Sidney) |
| Filing 20 NOTICE by USAA Casualty Insurance Company re #19 Order Referring Case to Magistrate Judge Notice of Service (Calloway, Sidney) |
|
Filing 19
ORDER OF REFERRAL AND ORDER REGARDING COURT PRACTICES AND PROCEDURES. Signed by Judge Marcia G. Cooke on 6/18/2019. See attached document for full details. (smz)
|
| Filing 18 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Rodger L. Eckelberry. Filing Fee $ 75.00 Receipt # 113C-11713354 by USAA Casualty Insurance Company. Responses due by 6/21/2019 (Attachments: #1 Text of Proposed Order)(Calloway, Sidney) |
| Filing 17 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Martina T. Ellerbe. Filing Fee $ 75.00 Receipt # 113C-11713291 by USAA Casualty Insurance Company. Responses due by 6/21/2019 (Attachments: #1 Text of Proposed Order)(Calloway, Sidney) |
| Filing 16 Clerks Notice to Filer re #14 Notice of Striking. Document Not Linked; ERROR - The filed document was not linked to the related docket entry. The correction was made by the Clerk. It is not necessary to refile this document. (ls) |
| Filing 15 NOTICE by USAA Casualty Insurance Company of Filing (Attachments: #1 Exhibit Class Action Complaint and Demand for Jury Trial filed in State Court, #2 Exhibit Notice of Service of Process filed in State Court, #3 Exhibit Notice of Appearance and Designation of E-mail Addresses filed in State Court, #4 Exhibit Notice of Unavailability filed in State Court) (Calloway, Sidney) |
| Filing 14 NOTICE of Striking #9 Notice (Other), #10 Notice (Other), #11 Notice (Other), #12 Notice (Other) by USAA Casualty Insurance Company (Calloway, Sidney) Modified Links on 6/4/2019 (ls). |
| Filing 13 Clerks Notice to Filer re #10 Notice (Other), #11 Notice (Other), #12 Notice (Other), #9 Notice (Other). Document Not Captioned; CORRECTIVE ACTION REQUIRED - The Filer must File a Notice of Striking, then refile the document with the proper caption pursuant to Local Rules. (ls) |
| Filing 12 NOTICE by USAA Casualty Insurance Company of Notice of Unavailability in State Court (Calloway, Sidney) |
| Filing 11 NOTICE by USAA Casualty Insurance Company of Notice of Appearance and Designation of E-Mail Addresses in State Court (Calloway, Sidney) |
| Filing 10 NOTICE by USAA Casualty Insurance Company of Notice of Process in State Court (Calloway, Sidney) |
| Filing 9 NOTICE by USAA Casualty Insurance Company re #1 Notice of Removal (State Court Complaint), (Calloway, Sidney) |
| Filing 8 Clerks Notice to Filer re: Summons(es) cannot be issued. Summons NOT issued for the following reason - Summons shows Defendant as Leroy Mack. (ls) |
| Filing 7 Initial Disclosure(s) of Interested Persons and Corporate Disclosure Statement by USAA Casualty Insurance Company (Calloway, Sidney) |
| Filing 6 NOTICE of Filing Proposed Summons(es) by USAA Casualty Insurance Company (Calloway, Sidney) |
| Filing 5 NOTICE by USAA Casualty Insurance Company re #1 Notice of Removal (State Court Complaint), Certificate of Filing Notice of Notice of Removal (Calloway, Sidney) |
| Filing 4 Clerks Notice to Filer re: Summons(es) cannot be issued. The party(ies) on the summons(es) does not match the initiating documents (pcs) |
| Filing 3 Clerks Notice to Filer re: Electronic Case. State Court Records not included. Filer is instructed to file a Notice (Other) with the State Court Records attached within 24 hours. (pcs) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Marcia G. Cooke. 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. (pcs) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Class Action Complaint and Demand for Jury Trial) Filing fee $ 400.00 receipt number 113C-11690777, filed by USAA Casualty Insurance Company. (Attachments: #1 Civil Cover Sheet, #2 Summon(s))(Calloway, Sidney) No Answer / Motion to Dismiss filed. Modified on 5/31/2019 (pcs). |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Florida Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
