Great American Insurance Company v. ORACLE ELEVATOR HOLDCO, INC. et al
Plaintiff: Great American Insurance Company
Defendant: ORACLE ELEVATOR HOLDCO, INC., OEC HOLDING CORPORATION, Lazaro Mendez and Joette Mendez
3Rd Party Defendant: Everest National Insurance Company
Case Number: 0:2022cv61997
Filed: October 27, 2022
Court: US District Court for the Southern District of Florida
Presiding Judge: Raag Singhal
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. § 1332 Diversity-Insurance Contract
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on January 18, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 18, 2023 Opinion or Order Filing 35 Order Requiring Joint Scheduling Report: Joint Scheduling Report due by 3/1/2023. Signed by Judge Raag Singhal on 1/18/2023. See attached document for full details. (scn)
January 18, 2023 Opinion or Order Filing 34 PAPERLESS ORDER denying without prejudice #32 Motion for Default Judgment in light of Plaintiff's Notice of Withdrawal #33 . Signed by Judge Raag Singhal on 1/18/2023. (am00)
January 17, 2023 Filing 33 NOTICE by Great American Insurance Company (Carson, Catherine)
January 10, 2023 Filing 32 MOTION for Default Judgment by Great American Insurance Company. (Carson, Catherine)
January 9, 2023 Set Answer Due Deadline: Everest National Insurance Company answer due 2/24/2023. Per d.e. 31 Order. (mee)
January 9, 2023 Opinion or Order Filing 31 PAPERLESS ORDER granting #30 Third-Party Defendant's Motion for 45 Day Extension of Time to Respond to Third-Party Complaint. The time to respond to the Third-Party Complaint is extended through 2/24/2023. Signed by Judge Raag Singhal on 1/9/2023. (pls)
January 6, 2023 Filing 30 Agreed MOTION for Extension of Time 45 day extension of time to and including February 24, 2023 for Third-Party Defendant Everest to respond to Third-Party Complaint re #19 Third Party Complaint by Everest National Insurance Company. Attorney Irene Marie Porter added to party Everest National Insurance Company(pty:3pd). Responses due by 1/20/2023 (Attachments: #1 Text of Proposed Order Order on Agreed M-EOT Rsp to 3rd-Party Cx)(Porter, Irene)
January 5, 2023 Filing 29 ANSWER to Complaint , COUNTERCLAIM against Great American Insurance Company by Great American Insurance Company. (Carson, Catherine)
January 3, 2023 Opinion or Order Filing 28 ORDER ON DEFAULT FINAL JUDGMENT PROCEDURE: Plaintiff's Motion for Default Final Judgment or Notice of Joint Liability due by 1/13/2023. Signed by Judge Raag Singhal on 1/3/2023. See attached document for full details. (mab)
December 27, 2022 Filing 27 AMENDED ANSWER and Affirmative Defenses to Complaint with Jury Demand , Amended COUNTERCLAIM against Great American Insurance Company by ORACLE ELEVATOR HOLDCO, INC.. (Attachments: #1 Exhibit A - Everest Policy, #2 Exhibit B - Great American Policy)(Chambers, Jonathan)
December 27, 2022 Filing 26 Clerk's Entry of Default as to Lazaro Mendez, Joette Mendez - Motions Terminated: #25 Motion for Clerk's Entry of Default Signed by DEPUTY CLERK on 12/27/2022. (mee)
December 27, 2022 Filing 25 MOTION for Clerk's Entry of Default as to Joette Mendez, Lazaro Mendez by Great American Insurance Company. (Carson, Catherine)
December 27, 2022 Filing 24 ANSWER to Counterclaim by Great American Insurance Company. (Carson, Catherine)
December 22, 2022 Opinion or Order Filing 23 ORDER ON DEFAULT PROCEDURE: Plaintiff shall submit a motion for entry of Clerk's Default no later than 12/29/2022. Signed by Judge Raag Singhal on 12/22/2022. See attached document for full details. (mab)
December 20, 2022 Filing 22 ACKNOWLEDGMENT OF SERVICE on Everest National Insurance Company filed by ORACLE ELEVATOR HOLDCO, INC.. (Chambers, Jonathan)
December 12, 2022 Filing 21 Summons Issued as to Everest National Insurance Company. (mee)
December 12, 2022 Filing 20 Corporate Disclosure Statement by ORACLE ELEVATOR HOLDCO, INC. identifying Corporate Parent Oracle Elevator Holdings, LLC, Corporate Parent Oracle Elevator Holdings, LLC for ORACLE ELEVATOR HOLDCO, INC. (Chambers, Jonathan)
December 12, 2022 Filing 19 THIRD PARTY COMPLAINT against Everest National Insurance Company, filed by ORACLE ELEVATOR HOLDCO, INC.. (Attachments: #1 Exhibit A - Policy, #2 Summon(s))(Chambers, Jonathan)
December 7, 2022 Opinion or Order Filing 18 PAPERLESS ORDER granting #14 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Jonathan C. Bunge. Signed by Judge Raag Singhal on 12/7/2022. (pls)
December 7, 2022 Opinion or Order Filing 17 PAPERLESS ORDER granting #13 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Anna Perry. Signed by Judge Raag Singhal on 12/7/2022. (pls)
December 7, 2022 Opinion or Order Filing 16 PAPERLESS ORDER granting #12 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Jeffrey J. Vita. Signed by Judge Raag Singhal on 12/7/2022. (pls)
December 6, 2022 Filing 15 ANSWER and Affirmative Defenses to Complaint with Jury Demand , COUNTERCLAIM against Great American Insurance Company by ORACLE ELEVATOR HOLDCO, INC.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Chambers, Jonathan)
December 6, 2022 Filing 14 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Jonathan C. Bunge. Filing Fee $ 200.00 Receipt # AFLSDC-16151497 by ORACLE ELEVATOR HOLDCO, INC.. Responses due by 12/20/2022 (Attachments: #1 Text of Proposed Order)(Chambers, Jonathan)
December 6, 2022 Filing 13 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Anna Perry. Filing Fee $ 200.00 Receipt # AFLSDC-16151482 by ORACLE ELEVATOR HOLDCO, INC.. Responses due by 12/20/2022 (Attachments: #1 Text of Proposed Order)(Chambers, Jonathan)
December 6, 2022 Filing 12 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Jeffrey J. Vita. Filing Fee $ 200.00 Receipt # AFLSDC-16151476 by ORACLE ELEVATOR HOLDCO, INC.. Responses due by 12/20/2022 (Attachments: #1 Text of Proposed Order)(Chambers, Jonathan)
November 29, 2022 Filing 11 AFFIDAVIT signed by: Simon Vela by Great American Insurance Company (Carson, Catherine)
November 29, 2022 Filing 10 AFFIDAVIT signed by: Simon Vela by Great American Insurance Company (Carson, Catherine)
November 28, 2022 Filing 9 NOTICE of Attorney Appearance by Jonathan Wick Chambers on behalf of ORACLE ELEVATOR HOLDCO, INC.. Attorney Jonathan Wick Chambers added to party ORACLE ELEVATOR HOLDCO, INC.(pty:dft). (Chambers, Jonathan)
November 17, 2022 Filing 8 NOTICE of Filing Proposed Summons(es) Return of Service of Summons by Great American Insurance Company (Carson, Catherine)
November 1, 2022 Filing 7 Plaintiff's Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Great American Insurance Company (Carson, Catherine)
October 31, 2022 Filing 6 NOTICE of Change of Address, Email or Law Firm Name by Catherine Margaret Carson (Carson, Catherine)
October 28, 2022 Opinion or Order Filing 5 PAPERLESS ORDER TO FILE CERTIFICATE OF INTERESTED PERSONSWithin SEVEN (7) DAYS of entry of an appearance, each party, including governmental parties, must file certificates of interested parties and corporate disclosure statements that contain a complete list of persons, associated persons, firms, partnerships, or corporations that have a financial interest in the outcome of this case, including subsidiaries, conglomerates, affiliates, parent corporations, and other identifiable legal entities related to a party. The parties shall not include Judge Singhal or the paired magistrate judges as interested parties unless they have an interest in the litigation. Throughout the pendency of the action, the parties are under a continuing obligation to amend, correct, and update the certificates. Signed by Judge Raag Singhal on 10/28/2022. (pls)
October 28, 2022 Filing 4 NOTICE OF COURT PRACTICEUnless otherwise specified by the Court, every motion, legal memorandum, brief, and otherwise shall: be double-spaced, in justified alignment, in 12-point font, using either Times New Roman or Arial typeface. This Notice does not supplant the requirements and provisions of Local Rule 7.1(c). The Court cautions parties against excessive use of footnotes.Multiple Plaintiffs or Defendants shall file joint motions with co-parties unless there are clear conflicts of position. If conflicts of position exist, parties shall explain the conflicts in their separate motions.Parties are encouraged to seek extensions of time in a timely fashion. "A motion for extension of time is not self-executing; no motion is, unless expressly provided for by the applicable rule. Yet, by filing these motions on or near the last day, and then sitting idle pending the Court's disposition of the motion, parties essentially grant their own motion. The Court will not condone this." Compere v. Nusret Miami, LLC, 2020 WL 2844888, at *2 (S.D. Fla. May 7, 2020) (internal citations omitted).Exhibits to pleadings and motions shall be docketed in accordance with the Courts CM/ECF procedures, Rule 3L.(2): (2) Describing an Attachment to a Docket EntryA party filing an attachment to a document shall select one of the prescribed attachment categories from the drop-down menu (e.g., affidavit, transcript), provide an alphabetical or numerical designation (e.g., Exhibit A, Exhibit 1), and descriptively name each attachment (e.g., Exhibit 1 - Affidavit of Boo Radley) in a manner that enables the Court to easily locate and distinguish attachments. (Emphasis added.) Local Rule 16.4, Local Rules for the United States District Court for the Southern District of Florida, requires that a Notice of Settlement "shall be filed and served jointly by counsel for all parties to the settlement." A unilateral notice of settlement will not stay pre-trial deadlines or hearings.Failure to comply with any of these procedures may result in the imposition of appropriate sanctions. Signed by Judge Raag Singhal on 10/28/2022. (pls)
October 27, 2022 Filing 3 Summons Issued as to Joette Mendez, Lazaro Mendez, and ORACLE ELEVATOR HOLDCO, INC. (mab)
October 27, 2022 Filing 2 Clerks Notice of Judge Assignment to Judge Raag Singhal. 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. (mab)
October 27, 2022 Filing 1 COMPLAINT against All Defendants. Filing fees $ 402.00 receipt number AFLSDC-16056867, filed by Great American Insurance Company. (Attachments: #1 Exhibit Everest Policy, #2 Exhibit Great American Policy, #3 Exhibit Complaint, #4 Summon(s) Summons to Lazaro Mendez, #5 Summon(s) Summons to Joette Mendez, #6 Summon(s) Summons to Oracle, #7 Civil Cover Sheet Civil Cover Sheet)(Carson, Catherine)

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Defendant: ORACLE ELEVATOR HOLDCO, INC.
Represented By: Jonathan Wick Chambers
Represented By: Anna M. Perry
Represented By: Jeffrey J. Vita
Represented By: Jonathan C. Bunge
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Defendant: OEC HOLDING CORPORATION
Represented By: Anna M. Perry
Represented By: Jeffrey J. Vita
Represented By: Jonathan C. Bunge
Represented By: Jonathan Wick Chambers
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Defendant: Lazaro Mendez
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Defendant: Joette Mendez
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Plaintiff: Great American Insurance Company
Represented By: Catherine Margaret Carson
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3rd party defendant: Everest National Insurance Company
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