Gio Pizzeria & Bar Hospitality, LLC et al v. Certain Underwriters at Lloyd's, London Subscribing to Policy Numbers ARP-74910-20 and ARP-75209-20
| Gio Pizzeria Boca, LLC and Gio Pizzeria & Bar Hospitality, LLC |
| Certain Underwriters at Lloyd's, London Subscribing to Policy Numbers ARP-74910-20 and ARP-75209-20 |
| 0:2020cv61741 |
| August 26, 2020 |
| US District Court for the Southern District of Florida |
| Rodney Smith |
| Insurance |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 23, 2020. A more recent docket listing may be available from PACER.
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Filing 36
PAPERLESS ORDER granting #33 Plaintiffs' Motion for Leave to File Second Amended Complaint. Defendant has indicated it does not object. See DE 35. Plaintiffs shall file their Second Amended Complaint as a separate docket entry by October 27, 2020. Signed by Judge Rodney Smith on 10/23/2020. (cbn)
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| Filing 35 NOTICE by Certain Underwriters at Lloyd's, London Subscribing to Policy Numbers ARP-74910-20 and ARP-75209-20 re #33 Plaintiff's MOTION for Leave to File Second Amended Complaint to Add Additional Factual Allegations and Incorporated Memorandum of Law in Support Thereof of Non-Objection (Rubio, Armando) |
| Filing 34 RESPONSE in Opposition re #27 MOTION to Dismiss with Prejudice #16 Amended Complaint/Amended Notice of Removal, and Incorporate Memorandum of Law filed by Gio Pizzeria & Bar Hospitality, LLC, Gio Pizzeria Boca, LLC. Replies due by 10/23/2020. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit)(Dutko, Michael) |
| Filing 33 Plaintiff's MOTION for Leave to File Second Amended Complaint to Add Additional Factual Allegations and Incorporated Memorandum of Law in Support Thereof by Gio Pizzeria & Bar Hospitality, LLC, Gio Pizzeria Boca, LLC. (Attachments: #1 Exhibit)(Dutko, Michael) |
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Filing 32
ORDER DENYING TRANSFER re: MDL 2961. (Signed by Karen K. Caldwell, Chair). (mc)
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Filing 31
PAPERLESS ORDER denying as moot #28 Joint Motion to Continue Modify Date to File Joint Scheduling and Conference Report and Case Briefing Schedule. Signed by Judge Rodney Smith on 10/4/2020. (cbn)
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| Filing 30 Joint SCHEDULING REPORT - Rule 26(f) by Certain Underwriters at Lloyd's, London Subscribing to Policy Numbers ARP-74910-20 and ARP-75209-20 (Attachments: #1 Text of Proposed Order, #2 Text of Proposed Order)(Rubio, Armando) |
| Filing 29 Joint Notice and NON-CONSENT to Jurisdiction by US Magistrate Judge with the exception for discovery disputes. Filed by Gio Pizzeria & Bar Hospitality, LLC, Gio Pizzeria Boca, LLC (Dutko, Michael) |
| Filing 28 Joint MOTION to Continue Modify Date to File Joint Scheduling and Conference Report and Case Briefing Schedule by Gio Pizzeria & Bar Hospitality, LLC. Attorney Michael Edward Dutko, Jr added to party Gio Pizzeria & Bar Hospitality, LLC(pty:pla). Responses due by 10/15/2020 (Dutko, Michael) |
| Filing 27 MOTION to Dismiss with Prejudice #16 Amended Complaint/Amended Notice of Removal, and Incorporate Memorandum of Law by Certain Underwriters at Lloyd's, London Subscribing to Policy Numbers ARP-74910-20 and ARP-75209-20. Responses due by 9/25/2020 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T)(Rubio, Armando) |
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Filing 26
PAPERLESS ORDER granting in part and denying in part #25 Joint Motion for Entry of Initial Briefing Schedule. The parties' request to exceed the page limit is DENIED. Defendants shall file their motion to dismiss by September 16, 2020. Plaintiffs shall file their response by October 16, 2020 and Defendants shall file their reply by October 30, 2020. No further extensions shall be granted absent extraordinary circumstances. Signed by Judge Rodney Smith on 9/10/2020. (cbn)
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| Filing 25 MOTION Joint Motion for Entry of Initial Briefing Schedule by Certain Underwriters at Lloyd's, London Subscribing to Policy Numbers ARP-74910-20 and ARP-75209-20. (Attachments: #1 Text of Proposed Order)(Rubio, Armando) |
| Filing 24 NOTICE of Attorney Appearance by Armando Pedro Rubio on behalf of Certain Underwriters at Lloyd's, London Subscribing to Policy Numbers ARP-74910-20 and ARP-75209-20. Attorney Armando Pedro Rubio added to party Certain Underwriters at Lloyd's, London Subscribing to Policy Numbers ARP-74910-20 and ARP-75209-20(pty:dft). (Rubio, Armando) |
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Filing 23
ORDER REQUIRING JOINT SCHEDULING REPORT, CERTIFICATES OF INTERESTED PARTIES AND CORPORATE DISCLOSURE STATEMENT. Joint Scheduling Report due by 10/2/2020 Signed by Judge Rodney Smith on 8/26/2020. See attached document for full details. (amb)
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| Filing 22 Bar Letter re: Admissions sent to attorney Adam J. Levitt Mark A. DiCello Greg G. Gutzler and Peter Joseph Fazio, mailing date August 26, 2020, (pt) |
| Filing 21 Clerks Notice of Judge Assignment to Judge Rodney Smith. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Alicia O. Valle 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. (jua) |
| Filing 20 Case transferred in from New York Southern; Case Number 1:20-cv-03107. Electronic file including transfer order and docket sheet received. .(jua). |
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Filing 19
SO ORDERED STIPULATION TO RESOLVE MOTION TO TRANSFER: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, the attorneys of record for all the parties to the above entitled action, The Defendant's filed a Motion to Transfer venue (Docket #11), on August 20th 2020. Counsel for Plaintiffs and Defendant have conferred regarding the motion and as a result the Plaintiffs hereby consent to the transfer of this matter to United States District Court for Southern District of Florida, Ft. Lauderdale Division. On consent of the parties, this action is hereby transfered to the United States District Court for the Southern District of Florida, Ft. Lauderdale Division. The Clerk of Court is respectfully directed to initiate the transfer. (Signed by Judge Ronnie Abrams on 8/26/2020) (jwh)
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| CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Southern District of Florida. (jwh) |
| Filing 18 FIRST LETTER MOTION for Leave to File Request to have Stipulation So Ordered to Transfer Case in Resolution of Motion to Transfer addressed to Judge Ronnie Abrams from Peter J. Fazio, Counsel for Lloyd's dated August 25, 2020. Document filed by Certain Underwriters at Lloyd's, London Subscribing to Policy Numbers ARP-74910-20 and ARP-75209-20. (Attachments: #1 Text of Proposed Order Stipulation to Transfer Venue to Resolve Defendant's Motion to Transfer Venue).(Fazio, Peter) |
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Filing 17
MEMO ENDORSEMENT: on re: #15 Letter filed by Gio Pizzeria & Bar Hospitality, LLC, Gio Pizzeria Boca, LLC. ENDORSEMENT: Application Granted. SO ORDERED., ( Responses due by 8/26/2020) (Signed by Judge Ronnie Abrams on 8/12/2020) (ama)
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| Filing 16 AMENDED COMPLAINT amending #1 Complaint, against Certain Underwriters at Lloyd's, London Subscribing to Policy Numbers ARP-74910-20 and ARP-75209-20 with JURY DEMAND.Document filed by Gio Pizzeria & Bar Hospitality, LLC, Gio Pizzeria Boca, LLC. Related document: #1 Complaint,. (Attachments: #1 Exhibit A, #2 Exhibit B).(Gutzler, Greg) |
| Filing 15 LETTER addressed to Judge Ronnie Abrams from Greg G. Gutzler dated August 11, 2020 re: Request to extend time to respond to Defendant's Motion to Change Venue (11) and Motion to Dismiss (13). Document filed by Gio Pizzeria & Bar Hospitality, LLC, Gio Pizzeria Boca, LLC..(Gutzler, Greg) |
| Filing 14 MEMORANDUM OF LAW in Support re: #13 MOTION to Dismiss . . Document filed by Certain Underwriters at Lloyd's, London Subscribing to Policy Numbers ARP-74910-20 and ARP-75209-20. (Attachments: #1 Exhibit Exhibit A Policy 1, #2 Exhibit Exhibit B Policy 2, #3 Exhibit Exhibit C City of Boca Raton, #4 Exhibit Exhibit D State of Florida Executive Order, #5 Exhibit Exhibit E Coral Springs Emergency Order, #6 Exhibit Exhibit F Florida Executive Order, #7 Exhibit Exhibit G Broward County, #8 Exhibit Exhibit H Florida Executive Order, #9 Exhibit Exhibit I Hearing Transcript, #10 Exhibit Exhibit J Gavrilledes Management v. Michigan Insurance).(Fazio, Peter) |
| Filing 13 MOTION to Dismiss . Document filed by Certain Underwriters at Lloyd's, London Subscribing to Policy Numbers ARP-74910-20 and ARP-75209-20..(Fazio, Peter) |
| Filing 12 MEMORANDUM OF LAW in Support re: #11 MOTION to Change Venue . . Document filed by Certain Underwriters at Lloyd's, London Subscribing to Policy Numbers ARP-74910-20 and ARP-75209-20. (Attachments: #1 Exhibit Exhibit A Waiver of the Service of Summons, #2 Exhibit Exhibit B Attorney Affirmation).(Fazio, Peter) |
| Filing 11 MOTION to Change Venue . Document filed by Certain Underwriters at Lloyd's, London Subscribing to Policy Numbers ARP-74910-20 and ARP-75209-20..(Fazio, Peter) |
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Filing 10
ORDER granting #9 Letter Motion to Adjourn Conference. Application granted. The initial conference is hereby adjourned to September 4, 2020 at 10 AM. The parties shall file the joint letter and proposed case management plan and scheduling order no later than August 28, 2020. Initial Conference set for 9/4/2020 at 10:00 AM before Judge Ronnie Abrams. (Signed by Judge Ronnie Abrams on 7/16/2020). (rj) Modified on 7/20/2020 (rj).
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| Filing 9 FIRST LETTER MOTION to Adjourn Conference addressed to Judge Ronnie Abrams from Peter J. Fazio, Counsel for Lloyd's dated July 15, 2020. Document filed by Certain Underwriters at Lloyd's, London Subscribing to Policy Numbers ARP-74910-20 and ARP-75209-20..(Fazio, Peter) |
| Filing 8 AFFIDAVIT OF SERVICE of Order and Notice of Initial Conference served on Defendant on May 6, 2020. Document filed by Gio Pizzeria & Bar Hospitality, LLC, Gio Pizzeria Boca, LLC..(Levitt, Adam) |
| Filing 7 WAIVER OF SERVICE RETURNED EXECUTED. Certain Underwriters at Lloyd's, London Subscribing to Policy Numbers ARP-74910-20 and ARP-75209-20 waiver sent on 5/1/2020, answer due 7/30/2020. Document filed by Certain Underwriters at Lloyd's, London Subscribing to Policy Numbers ARP-74910-20 and ARP-75209-20..(Fazio, Peter) |
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Filing 6
ORDER AND NOTICE OF INITIAL PRETRIAL CONFERENCE: It is hereby: ORDERED that, by July 17, 2020, the parties submit a joint letter, not to exceed five (5) pages, providing the following information in separate paragraphs as further set forth in this Order. IT IS FURTHER ORDERED that, by July 17, 2020, the parties jointly submit to the Court a proposed case management plan and scheduling order. A template for the order is available at https://nysd.uscourts.gov/hon-ronnie-abrams. The status letter and the proposed case management plan should be filed electronically on ECF, consistent with the Court's Electronic Case Filing (ECF) Rules & Instructions, which were updated on April 1, 2020, and are available at https://nysd.uscourts.gov/rules/ecf-related-instructions. Please consult my Individual Rules and Practices with respect to communications with Chambers and related matters. IT IS FURTHER ORDERED that counsel for all parties appear for an initial status conference on July 24, 2020 at 11:30 a.m. To the extent that COVID-19 still makes it impractical to meet in person at that time, the Court will hold the conference by telephone. Plaintiffs are ordered to serve Defendants with a copy of this order and to file an affidavit on ECF certifying that such service has been effectuated. SO ORDERED. (Initial Conference set for 7/24/2020 at 11:30 AM before Judge Ronnie Abrams.) (Signed by Judge Ronnie Abrams on 4/27/20) (yv)
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| Filing 5 NOTICE OF APPEARANCE by Mark A DiCello on behalf of Gio Pizzeria & Bar Hospitality, LLC, Gio Pizzeria Boca, LLC..(DiCello, Mark) |
| Filing 4 NOTICE OF APPEARANCE by Adam J Levitt on behalf of Gio Pizzeria & Bar Hospitality, LLC, Gio Pizzeria Boca, LLC..(Levitt, Adam) |
| Filing 3 NOTICE OF APPEARANCE by Greg G Gutzler on behalf of Gio Pizzeria & Bar Hospitality, LLC, Gio Pizzeria Boca, LLC..(Gutzler, Greg) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Ronnie Abrams. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(pne) |
| Magistrate Judge Kevin Nathaniel Fox is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (pne) |
| Case Designated ECF. (pne) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Greg G Gutzler. The party information for the following party/parties has been modified: Certain Underwriters at Lloyd's, London Subscribing to Policy Numbers ARP-74910-20 and ARP-75209-20. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps. (pne) |
| Filing 2 CIVIL COVER SHEET filed..(Gutzler, Greg) |
| Filing 1 COMPLAINT against CERTAIN UNDERWRITERS AT LLOYDS, LONDON SUBSCRIBING TO POLICY NUMBER ARP-74910-20. (Filing Fee $ 400.00, Receipt Number ANYSDC-19485989)Document filed by Gio Pizzeria & Bar Hospitality, LLC, Gio Pizzeria Boca, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B).(Gutzler, Greg) |
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| Plaintiff: Gio Pizzeria Boca, LLC | |
| Represented By: | Mark A. DiCello |
| Represented By: | Greg G. Gutzler |
| Represented By: | Adam Levitt |
| Represented By: | Michael Edward Dutko, Jr. |
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| Plaintiff: Gio Pizzeria & Bar Hospitality, LLC | |
| Represented By: | Mark A. DiCello |
| Represented By: | Greg G. Gutzler |
| Represented By: | Adam Levitt |
| Represented By: | Michael Edward Dutko, Jr. |
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| Defendant: Certain Underwriters at Lloyd's, London Subscribing to Policy Numbers ARP-74910-20 and ARP-75209-20 | |
| Represented By: | Peter Joseph Fazio |
| Represented By: | Armando Pedro Rubio |
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