Mailey v. Allianz Life Insurance Company of North America, Inc.
| Michael Mailey |
| Allianz Life Insurance Company of North America, Inc. and Michael Pierce |
| 0:2021cv60434 |
| February 24, 2021 |
| US District Court for the Southern District of Florida |
| William P Dimitrouleas |
| Civil Rights: Jobs |
| 28 U.S.C. ยง 1441 |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 6, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 14 RESPONSE TO ORDER TO SHOW CAUSE by Michael Mailey. (OBeidy, A.) |
| Filing 13 WAIVER OF SERVICE Returned Executed by Michael Mailey. Michael Pierce waiver sent on 3/26/2021, answer due 5/25/2021. (OBeidy, A.) |
Filing 12
PAPERLESS ORDER TO SHOW CAUSE. This Courts February 25, 2021 initial order directed the parties to file a Joint Scheduling Report within thirty-five (35) calendar days of the filing of the first responsive pleading by the last responding defendant. [DE 3]. Defendant first filed an Answer on March 1, 2021. See [DE 4]. Thus, a joint scheduling report should have already been filed. Accordingly, it is ORDERED AND ADJUDGED that on or before April 13, 2021, Plaintiff shall either show cause why this case should not be dismissed for failure to follow this Courts Order or file a joint scheduling report. Failure to timely respond will result in dismissal of the case without prejudice. Signed by Judge William P. Dimitrouleas on 4/6/2021. (mkz)
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| Filing 11 ANSWER and Affirmative Defenses to Amended Complaint by Allianz Life Insurance Company of North America, Inc.. (Eisenberg, Arielle) |
| Filing 10 RESPONSE TO ORDER TO SHOW CAUSE re 9 Order to Show Cause,,, by Allianz Life Insurance Company of North America, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Eisenberg, Arielle) |
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Filing 9
PAPERLESS ORDER TO SHOW CAUSE. THIS CAUSE is before the Court on the Amended Complaint, filed on March 9, 2021. [DE 7]. The Jurisdiction section states: "This is an action for damages in excess of the sum of thirty thousand dollars ($30,000) exclusive of interest, costs and/or attorneys fees. This complaint is not based on a federal question and does not meet the requirements for diversity jurisdiction." See [DE 7] at par. 4. Accordingly, it is ORDERED AND ADJUDGED that the parties shall show cause on or before March 16, 2021 why this action should not be remanded to state court for lack of subject matter jurisdiction. Failure to respond shall result in immediate remand. Signed by Judge William P. Dimitrouleas on 3/9/2021. (mkz)
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| Filing 8 Clerks Notice to Filer re #7 Amended Complaint/Amended Notice of Removal. Parties/Mediator Not Added; ERROR - The Filer failed to add all parties from the complaint/petition/removal, etc. or the mediator. Filer is instructed to file a Notice of Entry of Parties Listed into CM/ECF and add the additional parties/mediator. (Michael Pierce not added by attorney) (drz) |
| Filing 7 First AMENDED COMPLAINT against Allianz Life Insurance Company of North America, Inc., filed by Michael Mailey.(OBeidy, A.) |
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Filing 6
PAPERLESS ORDER. THIS CAUSE is before the Court on the Stipulation of Plaintiff Michael Mailey and Defendant Allianz Life Insurance Company of North America to Remove Notice of Default of State Court Clerk, which the Court construes as a motion to set aside state court default. [DE 5]. The Court has considered the Motion, note that it is agreed to by both sides, and is otherwise fully advised in the premises. Accordingly, it is ORDERED and ADJUDGED that the Motion [DE 5] is GRANTED. The notice of default issued by the clerk of the state court on or around February 19, 2021 is hereby SET ASIDE pursuant to Federal Rule of Civil Procedure 55(c); and Plaintiff's motion for entry of final default judgment, filed in the state court action prior to removal, is DENIED AS MOOT. This case shall proceed in the normal course. Signed by Judge William P. Dimitrouleas on 3/1/2021. (mkz)
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| Filing 5 STIPULATION re #1 Notice of Removal (State Court Complaint), #4 ANSWER to Complaint (Notice of Removal) JOINT STIPULATION TO REMOVE NOTICE OF DEFAULT BY STATE COURT CLERK by Allianz Life Insurance Company of North America, Inc. (Attachments: #1 Text of Proposed Order)(Eisenberg, Arielle) |
| Filing 4 ANSWER and Affirmative Defenses to Complaint re the Notice of Removal by Allianz Life Insurance Company of North America, Inc.. (Eisenberg, Arielle) |
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Filing 3
ORDER REQUIRING COUNSEL TO MEET, FILE JOINT SCHEDULING REPORT AND JOINT DISCOVERY REPORT. Within thirty-five (35) calendar days of the filing of the first responsive pleading by the last responding defendant, unless this action is excluded under Rule 26(a)(1)(B), the parties shall file a Joint Scheduling Report and Joint Proposed Order pursuant to Local Rule 16.1.B.2 Signed by Judge William P. Dimitrouleas on 2/25/2021. See attached document for full details. (drz)
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| Filing 2 Clerks Notice of Judge Assignment to Judge William P. Dimitrouleas. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Lurana S. Snow 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. (drz) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Complaint for Damages) Filing fee $ 402.00 receipt number AFLSDC-14440860, filed by Allianz Life Insurance Company of North America, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A- State Court Filings, #3 Exhibit B- Dec, #4 Docket Sheet State Court Docket)(Eisenberg, Arielle) Modified on 2/24/2021 (drz).(No Answer, Affirmative Defenses or Motion to Dismiss filed in State Court) |
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