MICHNOWICZ v. GOVERNMENT EMPLOYEES INSURANCE COMPANY et al
| GEORGE MICHNOWICZ |
| Government Employees Insurance Company, XYZ INSURANCE COMPANY 1-10 (FICTIOUS NAMES), John Doe 1-10 (fictitious names) and Jane Roe 1-10 (fictitious names) |
| 0:2021cv61675 |
| August 12, 2021 |
| US District Court for the Southern District of Florida |
| Ft Lauderdale Office |
| K Michael Moore |
| Lurana S Snow |
| P.I.: Other |
| 28 U.S.C. § 1332 |
| Defendant |
Docket Report
RSS Track this Docket
This docket was last retrieved on September 30, 2021. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 19
PAPERLESS ORDER. THIS CAUSE came before the Court upon a sua sponte examination of the record. On August 23, 2021, the Court entered a Pretrial Order 16 which ordered the Parties to "hold a scheduling conference within twenty (20) days of the date of this Order. Within ten (10) days of the scheduling conference, counsel shall file a Joint Scheduling Report. " 16 . Thus, the deadline for the Parties to submit a joint scheduling report was September 22, 2021. The Order cautioned, "[f]ailure of counsel to file a joint scheduling report may result in remand or dismissal, default, and the imposition of other sanctions including attorney's fees and costs." Id. Now, the September 22, 2021 deadline has passed and no Joint Scheduling Report has been filed in this case. Accordingly, based on the foregoing, it is ORDERED AND ADJUDGED that this action is DISMISSED WITHOUT PREJUDICE. The Clerk of Court is instructed to CLOSE this case. All pending motions, if any, are DENIED AS MOOT. The Parties may move to reopen this matter upon the Parties filing a joint scheduling report. Signed by Judge K. Michael Moore on 9/30/2021. (thn)
|
|
Filing 18
GENERAL ORDER ON DISCOVERY OBJECTIONS AND PROCEDURES signed by Magistrate Judge Lurana S. Snow on 9/8/2021. (jz)
|
|
Filing 17
PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO MAGISTRATE JUDGE LURANA S. SNOW. PURSUANT to 28 U.S.C. 636 and the Magistrate Rules of the Local Rules of the Southern District of Florida, the above-captioned Cause is referred to United States Magistrate Judge Lurana S. Snow to take all necessary and proper action as required by law with respect to any and all pretrial discovery matters. Any motion affecting deadlines set by the Court's Scheduling Order is excluded from this referral, unless specifically referred by separate Order. It is FURTHER ORDERED that the parties shall comply with Magistrate Judge Lurana S. Snow's discovery procedures, which the parties shall be advised of by the entry of an Order. Signed by Judge K. Michael Moore on 8/23/2021. (thn)
|
|
Filing 16
PAPERLESS PRETRIAL ORDER. THIS ORDER has been entered upon the filing of a Notice of Removal #1 and the Clerk of Courts Notice of Transfer 14 . Counsel for the removing party is hereby ORDERED to forward a copy of this Order to all other parties. It is further ORDERED that S.D. Fla. L.R. 16.1 shall apply to this case and the parties shall hold a scheduling conference within twenty (20) days of the date of this Order. Within ten (10) days of the scheduling conference, counsel shall file a Joint Scheduling Report. The report shall indicate the proposed month and year for the trial and the estimated number of days required for trial. The scheduling conference may be held via telephone. At the conference, the parties shall comply with the following agenda that the Court adopts from S.D. Fla. L.R. 16.1: (1) Documents (S.D. Fla. L.R. 16.1.B.1 and 2) The parties shall determine the procedure for exchanging a copy of, or a description by category and location of, all documents and other evidence that is reasonably available and that a party expects to offer, or may offer, if the need arises. Fed. R. Civ. P. 26(a)(1)(B). (A) Documents include computations of the nature and extent of any category of damages claimed by the disclosing party unless the computations are privileged or otherwise protected from disclosure. Fed. R. Civ. P. 26(a)(1)(C). (B) Documents include insurance agreements which may be at issue with the satisfaction of the judgment. Fed. R. Civ. P. 26(a)(1)(D). (2) List of Witnesses - The parties shall exchange the name, address, and telephone number of each individual known to have knowledge of the facts supporting the material allegations of the pleading filed by the party. Fed. R. Civ. P. 26(a)(1)(A). The parties have a continuing obligation to disclose this information. (3) Discussions and Deadlines (S.D. Fla. L.R. 16.1.B.2) - The parties shall discuss the nature and basis of their claims and defenses and the possibility of a prompt settlement or resolution of the case. Failure to comply with this Order or to exchange the information listed above may result in sanctions and/or the exclusion of documents or witnesses at the time of trial. S.D. Fla. L.R. 16.1.I. Failure of counsel to file a joint scheduling report may result in remand or dismissal, default, and the imposition of other sanctions including attorney's fees and costs. The filing of a motion to dismiss, or other motion, does not toll the time for filing a joint scheduling report. Counsel for the non-removing party must file a motion to remand the case on the basis of any defect other than lack of subject matter jurisdiction within thirty (30) days after the filing of the Notice of Removal. The parties are hereby on notice that this Court requires all filings to be formatted in 12 point Times New Roman font and double spaced, including any footnotes, with one-inch margins on all sides. Failure to follow these formatting guidelines may result in the filing being stricken, any opposing filing being granted by default, and the imposition of other sanctions, including attorney's fees and costs. Pursuant to Administrative Order 2016-70 of the Southern District of Florida and consistent with the Court of Appeals for the Eleventh Circuit's Local Rules and Internal Operating Procedures, within three days of the conclusion of a trial or other proceeding, parties must file via CM/ECF electronic versions of documentary exhibits admitted into evidence, including photographs of non-documentary physical exhibits. The Parties are directed to comply with each of the requirements set forth in Administrative Order 2016-70 unless directed otherwise by the Court. Telephonic appearances are not permitted for any purpose. Upon reaching a settlement in this matter the parties are instructed to notify the Court by telephone and to file a Notice of Settlement within twenty-four (24) hours. Signed by Judge K. Michael Moore on 8/23/2021. (thn)
|
|
Filing 15
Bar Letter re: Admissions sent to attorney David T. Ercolano and Manuel J. Almeida, Jr., mailing date August 12, 2021, (pt)
|
|
Filing 14
Clerks Notice of Judge Assignment to Judge K. Michael Moore. 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. 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. (bb)
|
|
Filing 13
Case transferred in from New Jersey; Case Number 2:21-cv-01102. Electronic file including transfer order and docket sheet received. .(bb).
|
|
Filing 12
OPINION AND ORDER that Defendants motion to transfer venue[ECF 10] is GRANTED; that, pursuant to 28 U.S.C. 1404(a), this action is TRANSFERRED to the United States District Court for the Southern District of Florida. ***CIVIL CASE TERMINATED Signed by Judge Stanley R. Chesler on 8/12/2021. (sm)
|
|
Filing 11
LETTER ORDER that the Court will adjourn the motion to transfer venue to allow Plaintiff an additional opportunity to oppose the motion. The Court hereby notifies Plaintiff that opposition, if any, is due on August 2, 2021. If Plaintiff chooses not to file by that date, the motion will be deemed unopposed and will be decided based on Defendants submissions.Defendants reply in further support of the motion to transfer venue will be due on August 9, 2021; etc. Signed by Judge Stanley R. Chesler on 7/22/2021. (sm)
|
|
Filing 10
MOTION to Transfer Case to USDC, SOUTHERN DISTRICT OF FLORIDA by GOVERNMENT EMPLOYEES INSURANCE COMPANY. (Attachments: #1 Statement of material facts, #2 Brief, #3 Certification of counsel, #4 Exhibit A, #5 Exhibit B, #6 Exhibit C, #7 Exhibit D, #8 Exhibit E, #9 Exhibit F, #10 Exhibit G, #11 Exhibit H, #12 Text of Proposed Order, #13 Certificate of Service)(ALMEIDA, MANUEL)
|
|
Set Deadlines as to #10 MOTION to Transfer Case to USDC, SOUTHERN DISTRICT OF FLORIDA . Motion set for 8/2/2021 before Judge Stanley R. Chesler. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (sm)
|
|
Filing 9
PRETRIAL SCHEDULING ORDER. Signed by Magistrate Judge Cathy L. Waldor on 5/5/2021. (sm)
|
|
Minute Entry for proceedings held before Magistrate Judge Cathy L. Waldor: Initial Pretrial Conference held on 5/5/2021. (tjg, )
|
|
Filing 8
TEXT ORDER: The Court will conduct the initial telephone conference scheduled for 5/5/21 via its dedicated conference line. The parties are instructed to dial 1-888-808-6929 and enter Access Code 9464201 at the time of the conference. So Ordered by Magistrate Judge Cathy L. Waldor 4/30/2021. (tjd)
|
|
Filing 7
TEXT ORDER: The Court will hold an initial conference (rule 16) before U.S.M.J. C. Waldor by telephone on 5/5/21 at 10am. Plaintiff shall initiate the call and local counsel for any/all parties must participate. Parties are to submit a completed Pretrial Scheduling Order (for Judge Salas cases, please use her dedicated PTSO found in the same location) found in the Notice of Judicial Preferences link to chambers via email at CLW_Orders@njd.uscourts.gov no later than 3 days before the scheduled conference.. Please contact chambers with any questions or concerns at (973) 776 7862. So Ordered by Magistrate Judge Cathy L. Waldor on 3/26/21. (tjg, )
|
|
Notice of Judicial Preferences. #Click here for the Judge's Individual Procedure Requirements. (tjg, )
|
|
Filing 6
ANSWER to Complaint with JURY DEMAND by GOVERNMENT EMPLOYEES INSURANCE COMPANY.(ALMEIDA, MANUEL)
|
|
Filing 5
TEXT ORDER: The Court will address Defendants proposed motion to transfer venue during the Rule 16 conference.. So Ordered by Magistrate Judge Cathy L. Waldor on 3/18/21. (tjg, )
|
|
Filing 4
Letter from Manuel Almeida, Jr.. (Attachments: #1 Exhibit A, #2 Exhibit B)(ALMEIDA, MANUEL)
|
|
Filing 3
Corporate Disclosure Statement by GOVERNMENT EMPLOYEES INSURANCE COMPANY identifying Berkshire Hathaway as Corporate Parent.. (ALMEIDA, MANUEL)
|
|
Filing 2
NOTICE of Appearance by MANUEL J. ALMEIDA, JR on behalf of GOVERNMENT EMPLOYEES INSURANCE COMPANY (ALMEIDA, MANUEL)
|
|
Filing 1
NOTICE OF REMOVAL by GOVERNMENT EMPLOYEES INSURANCE COMPANY from NJ Superior Court, Law Division, Essex County, case number ESX-L-7728-20. ( Filing and Admin fee $ 402 receipt number ANJDC-12027694), filed by GOVERNMENT EMPLOYEES INSURANCE COMPANY. (Attachments: #1 Civil Cover Sheet)(ALMEIDA, MANUEL)
|
|
Judge Stanley R. Chesler and Magistrate Judge Cathy L. Waldor added. (ps)
|
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.
