Sutton v. USAA Casualty Insurance Company
Plaintiff: David Sutton
Defendant: USAA Casualty Insurance Company
Case Number: 1:2019cv23738
Filed: September 9, 2019
Court: US District Court for the Southern District of Florida
Presiding Judge: Federico A Moreno
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. ยง 1441
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on September 30, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 30, 2019 Opinion or Order Filing 16 FINAL ORDER OF DISMISSAL AND ORDER DENYING ALL PENDING MOTIONS AS MOOT following #15 Plaintiff's Notice of Voluntary Dismissal Without Prejudice. Closing Case. Signed by Judge Federico A. Moreno on 9/30/2019. See attached document for full details. (km02)
September 30, 2019 Filing 15 NOTICE of Voluntary Dismissal Without Prejudice by David Sutton (Phillips, Jacob)
September 25, 2019 Filing 14 STATUS REPORT re Removal by USAA Casualty Insurance Company (Attachments: #1 Exhibit State Court - Civil Cover Sheet, #2 Exhibit State Court - Complaint, #3 Exhibit State Court - Summons Received, #4 Exhibit State Court - Summons Issued, #5 Exhibit State Court - Notice of Service of Process, #6 Exhibit State Court - Notice of Interrogatory, #7 Exhibit State Court - Request for Production, #8 Exhibit State Court - Amended Notice of Interrogatory, #9 Exhibit State Court - Amended Request for Production, #10 Exhibit State Court - Notice of Filing Notice of Removal)(Calloway, Sidney)
September 16, 2019 Filing 13 MOTION to Dismiss the State Court Complaint contained within the Notice of Removal #1 Notice of Removal (State Court Complaint), Or in the Alternative, MOTION to Compel Appraisal ( Responses due by 9/30/2019), MOTION to Stay ( Responses due by 9/30/2019) by USAA Casualty Insurance Company. (Attachments: #1 Exhibit A - Parsons Declaration, #2 Exhibit B- Certified Policy, #3 Exhibit C-Declaration, #4 Exhibit D- Lin Declaration, #5 Exhibit E - McGowan)(Calloway, Sidney)
September 12, 2019 Opinion or Order Filing 12 ORDER granting #7 #8 #9 #10 Motions to Appear Pro Hac Vice. Attorneys Rodger L. Eckelberry, Albert G. Lin, Mathew G. Drocton, and Andrea C. Wiltrout are admitted pro hac vice to practice before this Court in this case. Signed by Judge Federico A. Moreno on 9/12/2019. See attached document for full details. (km02)
September 11, 2019 Filing 11 NOTICE by USAA Casualty Insurance Company re #6 Notice of Court Practice/to Appear/Other, Notice of Service (Calloway, Sidney)
September 10, 2019 Filing 10 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Andrea C. Wiltrout. Filing Fee $ 75.00 Receipt # 113C-11970819 by USAA Casualty Insurance Company. Responses due by 9/24/2019 (Attachments: #1 Text of Proposed Order Proposed Order)(Calloway, Sidney)
September 10, 2019 Filing 9 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Mathew G. Drocton. Filing Fee $ 75.00 Receipt # 113C-11970793 by USAA Casualty Insurance Company. Responses due by 9/24/2019 (Attachments: #1 Text of Proposed Order Proposed Order)(Calloway, Sidney)
September 10, 2019 Filing 8 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Albert G. Lin. Filing Fee $ 75.00 Receipt # 113C-11970761 by USAA Casualty Insurance Company. Responses due by 9/24/2019 (Attachments: #1 Text of Proposed Order Proposed Order)(Calloway, Sidney)
September 10, 2019 Filing 7 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Rodger L. Eckelberry. Filing Fee $ 75.00 Receipt # 113C-11970717 by USAA Casualty Insurance Company. Responses due by 9/24/2019 (Attachments: #1 Text of Proposed Order Proposed Order)(Calloway, Sidney)
September 10, 2019 Filing 6 NOTICE OF COURT PRACTICE in Removal Cases. Counsel for the removing party is directed to file a Removal Status Report no later than September 25, 2019. Counsel for the non-removing party must file a motion to remand case on the basis of any defect other than lack of subject matter jurisdiction within 30 days after the filing of the notice of removal. Signed by Judge Federico A. Moreno on 9/10/2019. See attached document for full details. (km02)
September 9, 2019 Filing 5 Notice of Pending, Refiled, Related or Similar Actions by USAA Casualty Insurance Company (Calloway, Sidney)
September 9, 2019 Filing 4 Initial Disclosure(s) of Interested Persons and Corporate Disclosure Statement by USAA Casualty Insurance Company (Calloway, Sidney)
September 9, 2019 Filing 3 NOTICE by USAA Casualty Insurance Company Certificate of Filing Notice of Notice of Removal (Calloway, Sidney)
September 9, 2019 Filing 2 Clerks Notice of Judge Assignment to Judge Federico A. Moreno. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Lauren F. Louis 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. (pcs)
September 9, 2019 Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Class Action Complaint) Filing fee $ 400.00 receipt number 113C-11964573, filed by USAA Casualty Insurance Company. (Attachments: #1 Exhibit Complaint (State Court), #2 Exhibit Notice of Filing Notice of Removal (State Court), #3 Civil Cover Sheet Civil Cover Sheet)(Calloway, Sidney) No Answer/Motion to Dismiss filed. Modified on 9/9/2019 (pcs).

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Plaintiff: David Sutton
Represented By: Edmund Alonso Normand
Represented By: Scott Adam Edelsberg
Represented By: Jordan David Utanski
Represented By: Jacob Lawrence Phillips
Represented By: Andrew John Shamis
Represented By: Garrett O. Berg
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Defendant: USAA Casualty Insurance Company
Represented By: Sidney Charles Calloway
Represented By: Francis Augustine Zacherl, III
Represented By: Andrea C. Wiltrout
Represented By: Albert G. Lin
Represented By: Mathew G. Drocton
Represented By: Rodger L. Eckelberry
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