Weinhold et al v. Garcias et al
| Steven Weinhold and Laura Weinhold |
| ILLINOIS FARMERS INSURANCE COMPANY, Nisbany S Garcias and Nisbany Surit Garcias |
| 0:2020cv61821 |
| September 9, 2020 |
| US District Court for the Southern District of Florida |
| Rodolfo A Ruiz |
| Jared M Strauss |
| Motor Vehicle |
| 28 U.S.C. § 1446 |
| Defendant |
Docket Report
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This docket was last retrieved on November 5, 2020. A more recent docket listing may be available from PACER.
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| Filing 29 AMENDED COMPLAINT against Nisbany Surit Garcias, ILLINOIS FARMERS INSURANCE COMPANY, filed by Laura Weinhold, Steven Weinhold.(kpe) |
Filing 28
PAPERLESS ORDER granting #27 Plaintiffs' Motion to Amend/Correct the Complaint. Plaintiffs' Amended Complaint, attached to their Motion as Exhibit 1, is deemed filed as of the date of this Order. Signed by Judge Rodolfo A. Ruiz, II on 11/5/2020. (kbm)
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| Filing 27 Plaintiff's MOTION to Amend/Correct Complaint by Laura Weinhold, Steven Weinhold. Responses due by 11/16/2020 (Attachments: #1 Exhibit Exhibit A - Amended Complaint)(Smith, Kevin) |
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Filing 26
ORDER Scheduling Mediation before Steven R. Jaffe. Mediation Hearing set for 4/1/2021 10:00 AM. Signed by Judge Rodolfo A. Ruiz, II on 10/27/2020. See attached document for full details. (kbm)
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| Filing 25 Proposed NOTICE of Mediator Selection and Hearing. Selected/Added Steven R Jaffe as Mediator. Mediation Hearing set for 4/1/2021 at 10:00 am. (Smith, Kevin) |
| Filing 24 Clerks Notice to Filer re DE #22 Notice (Other). Wrong Event Selected. ERROR. The Filer selected the wrong event. The document was re-docketed by the Clerk, see DE 23 . It is not necessary to refile this document. (lbc) |
| Filing 23 NOTICE of Mediation Hearing. Mediation Hearing set for 4/1/21. SEE DE #22 for image. (lbc) |
| Filing 22 NOTICE by Steven R Jaffe Notice of Mediation. Attorney Steven R. Jaffe added to party Steven R Jaffe(pty:med). (Jaffe, Steven) |
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Filing 21
ORDER REQUIRING MOTION FOR FINAL DEFAULT JUDGMENT OR NOTICE OF JOINT LIABILITY. ( Responses due by 11/12/2020) Signed by Judge Rodolfo A. Ruiz, II on 10/22/2020. See attached document for full details. (amb)
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Filing 20
ORDER by Clerk of Entry of Default re #18 Motion for Clerks Entry of Default as to Nisbany S Garcias per Order Directing Clerk to Enter Default. Re: 19 Order Directing Clerk to Enter Default. Signed by DEPUTY CLERK on 10/21/2020. See attached document for full details. (ail)
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Filing 19
PAPERLESS ORDER directing clerk to enter default as to Nisbany S. Garcias. The record indicates that this case was removed on September 9, 2020, see Notice of Removal [ECF No. 1], and Defendant Garcias was served with the summons issued by the Circuit Court of the Seventeenth Judicial Circuit in and for Broward County, Florida on September 17, 2020, see Verified Return of Service [ECF No. 18-1] at 1. Although service of the state court summons occurred after removal, that summons was issued by the state court on August 11, 2020. Id. at 4. As we have previously stated, "28 U.S.C. 1448 allows for service of process pursuant to state law if issued prior to removal." Oliva v. NBTY Mfg., LLC , No. 08-80923-CIV-DIMITROULEAS, 2008 WL 11331766, at *2 (S.D. Fla. Sep. 29, 2008) (citation omitted); see also Edwards v. Fla. Dept of Corr., No. 1:15cv17-MW/GRJ, 2015 WL 12911715, at *1 (N.D. Fla. Dec. 7, 2015) ("[T]he correct reading of the statute is that it allows for process issued prior to removal to be completed after removal."). Thus, Defendant Garcias was properly served on September 17, 2020 and therefore has failed to respond to the Complaint or otherwise serve on Plaintiff any paper within the time allotted by law under Rule 12 of the Federal Rules of Civil Procedure. Signed by Judge Rodolfo A. Ruiz, II on 10/20/2020. (kbm)
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| Filing 18 Plaintiff's MOTION for Clerks Entry of Default as to Nisbany S Garcias by Laura Weinhold, Steven Weinhold. (Attachments: #1 Exhibit Exhibit A - Verified Return of Service)(Smith, Kevin) Motion under review by Chambers on 10/19/2020 (ail). |
| Filing 17 SUMMONS (Affidavit) Returned Executed on #1 Notice of Removal (State Court Complaint), with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Laura Weinhold, Steven Weinhold. Nisbany S Garcias served on 9/17/2020, answer due 10/8/2020. (Smith, Kevin) |
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Filing 16
DISCOVERY PROCEDURES ORDER re #15 Scheduling Order. Signed by Magistrate Judge Jared M. Strauss on 10/7/2020. See attached document for full details. (osd)
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Filing 15
ORDER SETTING JURY TRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MATTERS TO MAGISTRATE JUDGE. SCHEDULING ORDER: ( Jury Trial set for 9/13/2021 in Fort Lauderdale Division before Judge Rodolfo A. Ruiz II., Calendar Call set for 9/7/2021 11:00 AM in Fort Lauderdale Division before Judge Rodolfo A. Ruiz II., Amended Pleadings due by 11/16/2020., Discovery due by 5/18/2021., Expert Discovery due by 5/18/2021., Joinder of Parties due by 11/16/2020., Mediation Deadline 5/25/2021., In Limine Motions due by 6/29/2021., Dispositive Motions due by 6/1/2021., Motions due by 6/1/2021., Pretrial Stipulation due by 6/29/2021.), ORDER REFERRING CASE to Mediation. ( Mediation Deadline 5/25/2021.), ORDER REFERRING CASE to Magistrate Judge Jared M. Strauss for Discovery Matters. Signed by Judge Rodolfo A. Ruiz, II on 10/6/2020. See attached document for full details. (amb) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.
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| Filing 14 Joint SCHEDULING REPORT - Rule 26(f) by Steven Weinhold (Smith, Kevin) |
| Filing 13 Plaintiff's Certificate of Other Affiliates/Corporate Disclosure Statement by Laura Weinhold, Steven Weinhold (Smith, Kevin) |
| Filing 12 First Certificate of Other Affiliates/Corporate Disclosure Statement by ILLINOIS FARMERS INSURANCE COMPANY identifying Corporate Parent Farmers Insurance Exchange for ILLINOIS FARMERS INSURANCE COMPANY (Cutrona, Anthony) |
| Filing 11 NOTICE by Steven Weinhold of Withdrawal of Count XV of Plaintiffs' Complaint (Smith, Kevin) |
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Filing 10
Order Requiring Joint Scheduling Report. Joint Scheduling Report due by 10/5/2020. Signed by Judge Rodolfo A. Ruiz, II on 9/14/2020. See attached document for full details. (amb)
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| Filing 9 NOTICE of Compliance with Courts Order Requiring Removal Status Report by ILLINOIS FARMERS INSURANCE COMPANY (Attachments: #1 Exhibit COMPLETE STATE COURT FILE, #2 Docket Sheet STATE COURT DOCKET SHEET) (Cutrona, Anthony) |
| Filing 8 NOTICE of Attorney Appearance by Kevin Charles Smith on behalf of Laura Weinhold, Steven Weinhold. Attorney Kevin Charles Smith added to party Laura Weinhold(pty:pla), Attorney Kevin Charles Smith added to party Steven Weinhold(pty:pla). (Smith, Kevin) |
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Filing 7
ORDER Requiring Removal Status Report. Counsel for the removing party is directed to file and serve a Removal Status Report no later than September 22, 2020. Signed by Judge Rodolfo A. Ruiz, II on 9/9/2020. See attached document for full details. (kbm)
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| Filing 6 NOTICE of Attorney Appearance by Anthony David Cutrona on behalf of ILLINOIS FARMERS INSURANCE COMPANY (Cutrona, Anthony) |
| Filing 5 First MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM IN COUNT XV OF COMPLAINT by ILLINOIS FARMERS INSURANCE COMPANY. Responses due by 9/23/2020 (Cutrona, Anthony) |
| Filing 4 ANSWER and Affirmative Defenses to Complaint with Jury Demand by ILLINOIS FARMERS INSURANCE COMPANY. (Cutrona, Anthony) |
| Filing 3 Bar Letter re: Admissions sent to attorney Daniel C. Jensen, mailing date 09/09/2020, (cco) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Rodolfo A. Ruiz, II. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jared M. Strauss 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 AFLSDC-13490229, filed by ILLINOIS FARMERS INSURANCE COMPANY, a Foreign Profit Corporation. (Attachments: #1 Civil Cover Sheet, #2 Docket Sheet, #3 Exhibit, #4 Exhibit)(Cutrona, Anthony) (No Answer or Motion to dismiss filed) Text Modified on 9/9/2020 (amb). |
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