Beltran v. Liberty Mutual Insurance Company
| Tatiana Beltran |
| Liberty Mutual Insurance Company and LM General Insurance Company |
| 1:2019cv24226 |
| October 14, 2019 |
| US District Court for the Southern District of Florida |
| Darrin P Gayles |
| Alicia M Otazo-Reyes |
| Insurance |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on December 11, 2019. A more recent docket listing may be available from PACER.
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Filing 21
SCHEDULING ORDER: ( Jury Trial set for 12/7/2020 before Judge Darrin P. Gayles., Calendar Call set for 12/2/2020 09:30 AM before Judge Darrin P. Gayles., Status Conference set for 9/9/2020 10:00 AM before Judge Darrin P. Gayles.), ORDER REFERRING CASE to Mediation., ORDER REFERRING CASE to Magistrate Judge Alicia M. Otazo-Reyes for Discovery Matters. Signed by Judge Darrin P. Gayles on 12/11/2019. See attached document for full details. (ls) #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 20 REPLY to Response to Motion re #16 Amended MOTION to Dismiss the State Court Complaint contained within the Notice of Removal 15 Order on Motion to Dismiss,,,,,,, #11 Amended Complaint Count Two filed by LM General Insurance Company. Attorney Matthew John Lavisky added to party LM General Insurance Company(pty:dft). (Lavisky, Matthew) |
| Filing 19 Joint SCHEDULING REPORT - Rule 26(f) by LM General Insurance Company (Attachments: #1 Text of Proposed Order)(Ramos, Nicole) |
| Filing 18 NOTICE of Attorney Appearance by Nicole Paulette Ramos on behalf of LM General Insurance Company. Attorney Nicole Paulette Ramos added to party LM General Insurance Company(pty:dft). (Ramos, Nicole) |
| Filing 17 RESPONSE to Motion re #16 Amended MOTION to Dismiss the State Court Complaint contained within the Notice of Removal 15 Order on Motion to Dismiss,,,,,,, #11 Amended Complaint Count Two filed by Tatiana Beltran. Replies due by 11/14/2019. (Attachments: #1 Exhibit A, #2 Exhibit B)(Friedman, Zachary) |
| Filing 16 Amended MOTION to Dismiss the State Court Complaint contained within the Notice of Removal 15 Order on Motion to Dismiss,,,,,,, #11 Amended Complaint Count Two by LM General Insurance Company. Responses due by 11/19/2019 (Brookins, Starr) |
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Filing 15
PAPERLESS ORDER striking Defendants' Motions to Dismiss [ECF Nos. 7, 14] for failure to comply with the Court's 3 Notice of Court Practice. Specifically, the Notice states that "[m]ultiple [ ] Defendants shall file joint motions with co-parties unless there are clear conflicts of position." Defendants' Motions have identified no such conflicts. Defendants may refile their motion(s) within seven days of this Order, but may only file separate motions if they identify specific conflicts of position. Additionally, Defendant LM General Insurance Company has failed to comply with the Notice's requirement that motions be filed in Times New Roman 12-point typeface. All subsequent motions must comply with the Court's procedures set forth in the Notice of Court Practice [ECF No. 3]. Signed by Judge Darrin P. Gayles (lfn)
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| Filing 14 MOTION to Dismiss #11 Amended Complaint Count Two by LM General Insurance Company. Attorney Starr Linette Brookins added to party LM General Insurance Company(pty:dft). Responses due by 11/12/2019 (Brookins, Starr) |
| Filing 13 Notice of Entry of Parties Listed NOTE: New Filer(s) will appear twice, since they are also a new party in the case. New Filer(s)/Party(s): LM GENERAL INSURANCE COMPANY. (Friedman, Zachary) |
| Filing 12 Clerks Notice to Filer re #11 Amended Complaint. Parties/Mediator Not Added; ERROR - The Filer failed to add all parties from the complaint/petition/removal, etc. or the mediator. Filer is instructed to file a Notice of Entry of Parties Listed into CM/ECF and add the party. (ls) |
| Filing 11 First AMENDED COMPLAINT against Liberty Mutual Insurance Company filed in response to Order Granting Motion for Leave, filed by Tatiana Beltran.(Friedman, Zachary) |
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Filing 10
PAPERLESS ORDER granting #9 Plaintiff's Motion to Amend by Interlineation. Clerks Notice: Filer must separately re-file the amended pleading pursuant to Local Rule 15.1, unless otherwise ordered by the Judge. Signed by Judge Darrin P. Gayles (lfn)
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| Filing 9 MOTION to Amend/Correct by Interlineation by Tatiana Beltran. Responses due by 11/6/2019 (Attachments: #1 Text of Proposed Order)(Friedman, Zachary) |
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Filing 8
PAPERLESS ORDER REQUIRING JOINT SCHEDULING REPORT AND PROPOSED SCHEDULING ORDER. Pursuant to S.D. Fla. Local Rule 16.1, on or before November 12, 2019, the parties shall prepare and file a Joint Scheduling Report, as well as Certificates of Interested Parties and Corporate Disclosure Statements.The parties shall also file a Proposed Scheduling Order, adhering to the format and guidance of the attached form. If the parties deviate in any way from that format and guidance, they shall contemporaneously submit a written explanation, which provides their purported justification for each and every deviation. If the parties fail to submit such written explanation, the Court may enter a Scheduling Order that does not take into account the parties' proposed dates.Failure to comply with this Order shall be grounds for dismissal without prejudice and without further notice. Signed by Judge Darrin P. Gayles See attached document for full details. (lfn)
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| Filing 7 Defendant's MOTION to Dismiss the State Court Complaint contained within the Notice of Removal #1 Notice of Removal (State Court Complaint), by Liberty Mutual Insurance Company. Responses due by 11/4/2019 (Attachments: #1 Exhibit A)(Brookins, Starr) |
| Filing 6 Exhibit and Witness List Rule 26 Witness Disclosure and Pre-Trial Catalog by Tatiana Beltran.. (Friedman, Zachary) |
| Filing 5 NOTICE by Tatiana Beltran of Filing Curriculum Vitae (Friedman, Zachary) Modified Text on 10/16/2019 (ls). |
| Filing 4 NOTICE by Tatiana Beltran of Filing Medical Records (Friedman, Zachary) |
| Filing 3 NOTICE OF COURT PRACTICE. Unless otherwise specified by the Court, every motion shall be double-spaced in Times New Roman 12-point typeface. 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. Failure to comply with ANY of these procedures may result in the imposition of appropriate sanctions, including but not limited to, the striking of the motion or dismissal of this action. Signed by Judge Darrin P. Gayles (lfn) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Darrin P. Gayles. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Alicia M. Otazo-Reyes 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. (amb) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT ) Filing fee $ 400.00 receipt number 113C-12061168, filed by Liberty Mutual Insurance Company. (Attachments: #1 Exhibit A-1 - Complaint, #2 Exhibit A - 2 - Remaining State Court Documents, #3 Exhibit B, #4 Civil Cover Sheet, #5 Docket Sheet)(Lavisky, Matthew) |
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