Johnstoneaux et al v. Geovera Speciality Insurance Company
| Carol Johnstoneaux and Jerry Johnstoneaux |
| Geovera Speciality Insurance Company |
| 1:2019cv21387 |
| April 11, 2019 |
| US District Court for the Southern District of Florida |
| Jacqueline Becerra |
| K Michael Moore |
| Insurance |
| 28 U.S.C. ยง 1332 |
| Both |
Docket Report
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This docket was last retrieved on April 29, 2019. A more recent docket listing may be available from PACER.
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Filing 10
PAPERLESS ORDER. THIS CAUSE came before the Court upon a Notice of Filing Proposed Agreed Order on Defendant's Motion to Abate Litigation and Compel Appraisal. #9 . Therein, Defendant informs the Court that the Parties have reached an agreement that this matter be abated while the Parties conduct appraisal of the subject claim. The Parties request that the Court "reserve jurisdiction to determine Plaintiffs' entitlement to an amount of attorney's fees and costs, if any," following completion of the appraisal process. [9-1]. UPON CONSIDERATION of the Notice, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that this action is STAYED and the Clerk of Court is directed to ADMINISTRATIVELY CLOSE this case. It is further ORDERED that the Parties shall submit a joint status report to the Court within forty-five (45) days of this Order describing the progress made in the appraisal and shall file further status reports with the Court every forty-five (45) days thereafter. The Parties shall file a notice upon completion of the appraisal process and shall file a stipulation of dismissal within twenty-one (21) days of completion of the appraisal process. Alternatively, in the event that appraisal does not resolve the matter in full, the Parties must move to reopen the matter within twenty-one (21) days following the conclusion of the appraisal. The Court retains jurisdiction to determine Plaintiffs' entitlement to attorney's fees and costs, if applicable. Signed by Chief Judge K. Michael Moore on 4/29/2019. (eso)
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| Filing 9 NOTICE by Geovera Speciality Insurance Company re #6 Defendant's MOTION to Compel Appraisal Defendant's Motion for Extension of Time to File Response/Reply/Answer as to #1 Notice of Removal (State Court Complaint) and Discovery Requests MOTION to Stay/Abate Litigation (Attachments: #1 Text of Proposed Order Proposed Agreed Order) (Ortiz, Mike) |
| Filing 8 Clerks Notice to Filer re #6 Defendant's MOTION to Compel Appraisal Defendant's Motion for Extension of Time to File Response/Reply/Answer as to #1 Notice of Removal (State Court Complaint) and Discovery Requests . Motion with Multiple Reliefs Filed as One Relief; ERROR - The Filer selected only one relief event and failed to select the additional corresponding events for each relief requested in the motion. The docket entry was corrected by the Clerk. It is not necessary to refile this document but future filings must comply with the instructions in the CM/ECF Attorney User's Manual. (ls) |
| Filing 7 Clerks Notice to Filer re #6 Defendant's MOTION to Compel Appraisal Defendant's MOTION for Extension of Time to Respond to Plaintiffs' Complaint and Discovery Requests . Wrong Motion Relief(s) Selected; ERROR - The Filer selected the wrong motion relief(s) when docketing the motion. The correction was made by the Clerk. It is not necessary to refile this document but future motions filed must include applicable reliefs. (ls) |
| Filing 6 Defendant's MOTION to Compel Appraisal ( Responses due by 5/2/2019), Defendant's Motion for Extension of Time to File Response/Reply/Answer as to #1 Notice of Removal (State Court Complaint) and Discovery Requests by Geovera Speciality Insurance Company. (Attachments: #1 Exhibit A - Plaintiffs' Complaint, #2 Exhibit B - Policy, #3 Exhibit C - Acknowledgment of Claim Letter, #4 Exhibit D - Coverage Determination Letter, #5 Exhibit E - Demand Letter from Plaintiffs' Counsel, #6 Text of Proposed Order)(Ortiz, Mike) Modified Relief/Link on 4/18/2019 (ls). Added MOTION to Stay/Abate Litigation on 4/18/2019 (ls). |
| Filing 5 Certificate of Other Affiliates/Corporate Disclosure Statement by Geovera Speciality Insurance Company (Ortiz, Mike) |
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Filing 4
PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO MAGISTRATE JUDGE JACQUELINE BECERRA. 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 Jacqueline Becerra 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 Jacqueline Becerra's discovery procedures. Signed by Chief Judge K. Michael Moore on 4/12/2019. (eso)
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Filing 3
PAPERLESS PRETRIAL ORDER. THIS ORDER has been entered upon the filing of a Notice of Removal. 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 Chief Judge K. Michael Moore on 4/12/2019. (eso)
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| Filing 2 Clerks Notice of Judge Assignment to Chief Judge K. Michael Moore. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jacqueline Becerra 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 - Jerry & Carol Johstoneaux) Filing fee $ 400.00 receipt number 113C-11551814, filed by Geovera Speciality Insurance Company. (Attachments: #1 Civil Cover Sheet, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Ortiz, Mike) Text Modified on 4/11/2019 (cds). No Answer/Motion To Dismiss Filed. |
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