Everest National Insurance Company v. Home Express, Corp.
| Everest National Insurance Company |
| Home Express, Corp., Aulnay LLC and Golf Car Depot, Inc. |
| 1:2020cv20641 |
| February 13, 2020 |
| US District Court for the Southern District of Florida |
| Jacqueline Becerra |
| K Michael Moore |
| Real Property: Other |
| 28 U.S.C. § 1332 |
| Defendant |
Docket Report
RSS Track this Docket
This docket was last retrieved on April 7, 2020. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 18 Summons Issued as to Aulnay LLC, Golf Car Depot, Inc.. (kpe) |
| Filing 17 NOTICE of Attorney Appearance by Samuel E. Basch on behalf of Home Express, Corp. (Basch, Samuel) |
| Filing 16 NOTICE of Attorney Appearance by Joseph J Goldberg on behalf of Home Express, Corp.. Attorney Joseph J Goldberg added to party Home Express, Corp.(pty:dft). (Goldberg, Joseph) |
| Filing 15 AMENDED COMPLAINT against Home Express, Corp. filed in response to Order Granting Motion for Leave, filed by Everest National Insurance Company. (Attachments: #1 Exhibit Exhibit A, #2 Summon(s) Proposed Summons to Golf Car Depot, Inc., #3 Summon(s) Proposed Summons to Aulnay LLC d/b/a CityCarts)(Rich, Joseph) |
Filing 14
PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff's Unopposed Motion for Leave to Amend Complaint. #12 . Therein, Plaintiff seeks (1) leave to file an amended complaint to include two defendants that were only recently identified by Plaintiff; and (2) an extension of time to hold a joint scheduling conference until twenty (20) days after the last responsive pleading of the newly added defendants. Id. at 1. Federal Rule of Civil Procedure 15(a)(2) permits a party to amend its pleadings by leave of court or by written consent of the adverse party. Fed. R. Civ. P. 15(a)(2). "The policy of the federal rules is to permit liberal amendment to facilitate determination of claims on the merits and to prevent litigation from becoming a technical exercise in the fine points of pleading." Castros v. Signal Fin. Co. LLC, 1:17-cv-21870-KMM, 2018 WL 1137099, at *1 (S.D. Fla. Feb. 4, 2018) (citation omitted). "The decision whether to grant the motion is within the discretion of the district court, but should be granted unless there is a substantial reason to deny." Edwards v. Apple Computer, Inc., 645 F. App'x 849, 852 (11th Cir. 2016). A substantial reason could include "undue delay, bad faith or dilatory motive, repeated failure to cure deficiencies by amendments previously allowed, undue prejudice to the opposing party, and futility of the amendment." Grayson v. Kmart Corp., 79 F.3d 1086, 1110 (11th Cir. 1996). Here, the Court does not find a substantial reason to deny leave to file an amended complaint. Accordingly, UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that Plaintiff's Motion to Amend the Complaint #12 is GRANTED IN PART and DENIED IN PART. Plaintiff is instructed to file an amended complaint separately on the docket on or before April 7, 2020. It is FURTHER ORDERED that the parties shall hold a scheduling conference no later than twenty (20) days after the filing of the first responsive pleading by the last responding defendant, or within forty-five (45) days after the filing of the amended complaint, whichever occurs first. Within five (5) days of the scheduling conference, counsel shall file a joint scheduling report. Failure of counsel to file a joint scheduling report within the deadlines set forth above may result in dismissal, default, and the imposition of other sanctions including attorney's fees and costs. Signed by Chief Judge K. Michael Moore on 4/6/2020. (mgh)
|
| Set Deadlines per DE 14 Order. Amended Complaint due by 4/7/2020. (kpe) |
| Filing 13 AFFIDAVIT in Support re #12 MOTION to Amend/Correct #1 Complaint, filed by Everest National Insurance Company. (Rich, Joseph) |
| Filing 12 MOTION to Amend/Correct #1 Complaint, by Everest National Insurance Company. Responses due by 4/17/2020 (Attachments: #1 Exhibit Amended Complaint, #2 Text of Proposed Order Proposed Order)(Rich, Joseph) |
| Filing 11 ANSWER and Affirmative Defenses to Complaint with Jury Demand by Home Express, Corp.. (Basch, Samuel) |
|
Filing 10
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendant Home Express, Corp.'s Motion for Extension of Time to Respond to the Complaint. #9 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #9 is GRANTED. Defendant Home Express, Corp. shall answer or otherwise respond to the Complaint on or before March 20, 2020. Signed by Chief Judge K. Michael Moore on 3/9/2020. (mgh)
|
| Set/Reset Answer Due Deadline: Home Express, Corp. response due 3/20/2020. SEE DE 10 ORDER (ail) |
| Filing 9 Defendant's MOTION for Extension of Time to File Response/Reply/Answer to Plaintiff's Complaint and Memorandum of Law by Home Express, Corp.. Attorney Samuel E. Basch added to party Home Express, Corp.(pty:dft). (Basch, Samuel) |
| Filing 8 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Everest National Insurance Company. Home Express, Corp. served on 2/14/2020, answer due 3/6/2020. (Rich, Joseph) |
|
Filing 7
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 2/14/2020. (mgh)
|
|
Filing 6
PAPERLESS PRETRIAL ORDER. This order has been entered upon the filing of the complaint. Plaintiff's counsel is hereby ORDERED to forward to all defendants, upon receipt of a responsive pleading, a copy of this Order. 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 no later than twenty (20) days after the filing of the first responsive pleading by the last responding defendant, or within sixty (60) days after the filing of the complaint, whichever occurs first. However, if all defendants have not been served by the expiration of this deadline, Plaintiff shall move for an enlargement of time to hold the scheduling conference, not to exceed 90 days from the filing of the Complaint. Within ten (10) days of the scheduling conference, counsel shall file a joint scheduling report. Failure of counsel to file a joint scheduling report within the deadlines set forth above may result in dismissal, default, and the imposition of other sanctions including attorney's fees and costs. The parties should note that the time period for filing a joint scheduling report is not tolled by the filing of any other pleading, such as an amended complaint or Rule 12 motion. 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 possibilities for 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. 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 2/14/2020. (mgh)
|
| Filing 5 Certificate of Other Affiliates/Corporate Disclosure Statement by Everest National Insurance Company identifying Corporate Parent Everest Re Group, Ltd., Other Affiliate Everest Reinsurance Company, Other Affiliate Everest Reinsurance Holdings, Inc. for Everest National Insurance Company (Rich, Joseph) |
| Filing 4 NOTICE of Attorney Appearance by Joshua Ross Goodman on behalf of Everest National Insurance Company. Attorney Joshua Ross Goodman added to party Everest National Insurance Company(pty:pla). (Goodman, Joshua) |
| Filing 3 Summons Issued as to Home Express, Corp. (pcs) |
| 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. (pcs) |
| Filing 1 COMPLAINT against Home Express, Corp.. Filing fees $ 400.00 receipt number AFLSDC-12447085, filed by Everest National Insurance Company. (Attachments: #1 Exhibit Exhibit A, #2 Civil Cover Sheet Civil Cover Sheet, #3 Summon(s) Summons)(Rich, Joseph) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Florida Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
