Arvizu et al v. National Specialty Insurance Company
| Jaime Arvizu and Anne Arvizu |
| National Specialty Insurance Company |
| 0:2021cv62219 |
| October 26, 2021 |
| US District Court for the Southern District of Florida |
| Robert N Scola |
| Lurana S Snow |
| Insurance |
| 28 U.S.C. ยง 1332 |
| Both |
Docket Report
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This docket was last retrieved on December 13, 2021. A more recent docket listing may be available from PACER.
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Filing 9
GENERAL ORDER ON DISCOVERY OBJECTIONS AND PROCEDURES signed by Magistrate Judge Lurana S. Snow on 12/13/2021. (jz)
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| Filing 8 Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement by National Specialty Insurance Company identifying Other Affiliate Markel Corporation for National Specialty Insurance Company (Rothenberg, Sarah) |
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Filing 7
Scheduling Order and Order of Referral to Mediation: ( Jury Trial set for 10/24/2022 before Judge Robert N. Scola Jr.., Calendar Call set for 10/18/2022 09:00 AM in Miami Division before Judge Robert N. Scola Jr..), ORDER REFERRING CASE to Mediation. Signed by Judge Robert N. Scola, Jr on 11/8/2021. See attached document for full details. (cds) #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 6 Joint SCHEDULING REPORT - Rule 26(f) by National Specialty Insurance Company (Attachments: #1 Text of Proposed Order Proposed Scheduling Order)(Rothenberg, Sarah) |
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Filing 5
Order Requiring Discovery and Scheduling Conference and Order Referring Discovery Matters to the Magistrate Judge Lurana S. Snow. Signed by Judge Robert N. Scola, Jr on 11/2/2021. See attached document for full details. (cds)
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| Filing 4 NOTICE of Compliance by Anne Arvizu, Jaime Arvizu re 3 Order,,,,,,,. Attorney Adam S. Feldman added to party Anne Arvizu(pty:pla), Attorney Adam S. Feldman added to party Jaime Arvizu(pty:pla). (Feldman, Adam) |
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Filing 3
PAPERLESS ORDER: This matter is before the Court upon an independent review of the docket. This case was removed to this Court on October 26, 2021, on the basis of diversity jurisdiction. (ECF No. 1.) The Plaintiffs' complaint, filed in state court, states that they seek "in excess of Thirty Thousand" dollars (ECF No. 1-1 at 1), which, alone, is insufficient to establish the amount-in-controversy requirement for diversity-jurisdiction purposes. The Defendant removed this action on the basis of 28 U.S.C. 1446(b)(3), arguing that discovery propounded on September 29, 2021, in state court established repair costs at issue of $161,852.69. (ECF No. 1 at 2.) On August 2, 2021, in state court, the Plaintiffs responded that they were "unable to admit or deny" the Defendant's requests for admission concerning the amount of damages that the Plaintiffs are seeking in this matter. (ECF No. 1-4.) In general, parties are under a continuing obligation to supplement responses to requests for admission as new information becomes available. See Fed. R. Civ. P. 26(e)(1); see also Liberty Int'l Underwriters v. Landstar Ranger, Inc., 08-cv-01079, 2010 WL 11507988, at *2 (Apr. 30, 2010) (noting a party's "continuing obligation to supplement" discovery disclosures). Pursuant to Fed. R. Civ. P. 26(e)(1)(B), the Court orders the Plaintiffs to supplement their responses to the Defendant's requests for admission, found at ECF No. 1-4, in light of discovery propounded on September 29, 2021. Such supplemental responses must be filed by November 3, 2021. If the Plaintiffs deny that they are seeking damages in excess of $75,000, the Court orders the Plaintiffs to file a motion to remand within fourteen days after they file their supplemental responses. Signed by Judge Robert N. Scola, Jr. (ntd)
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| Reset Deadlines Per DE#3. Responses due by 11/3/2021 (cqs) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Robert N. Scola, Jr. 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. (cds) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT ) Filing fee $ 402.00 receipt number AFLSDC-15123590, filed by National Specialty Insurance Co.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Docket Sheet, #9 Civil Cover Sheet)(Rothenberg, Sarah) Modified Text on 10/26/2021 (cds). No Answer/Motion to Dismiss Filed. |
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