491 UNITS MIAMI GARDEN INVESTMENT LLC v. Lexington Insurance Company et al
| 491 UNITS MIAMI GARDEN INVESTMENT LLC d/b/a CRYSTAL LAKES APARTMENTS and 491 UNITS MIAMI GARDEN INVESTMENT LLC |
| EVAN SEACAT, General Security Indemnity Company of Arizona, Endurance American Specialty Insurance Company, Chubb Custom Insurance Company, FRANKLIN STREET MANAGEMENT SERVICES, LLC d/b/a FRANKLIN STREET MANAGEMENT LLC II, Liberty Surplus Insurance Corporation, Lexington Insurance Company, Starr Surplus Lines Insurance Company, FRANKLIN STREET INSURANCE SERVICES, LLC, RYAN CASSIDY, Colony Insurance Company, Certain Underwriters At Lloyd's London Subscribing to Policy No. B1230AP05065A17 and FRANKLIN STREET MANAGEMENT SERVICES, LLC |
| 1:2020cv20820 |
| February 25, 2020 |
| US District Court for the Southern District of Florida |
| Ursula Ungaro |
| Insurance |
| 28 U.S.C. § 1441 |
| Defendant |
Docket Report
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| Filing 34 ACKNOWLEDGMENT OF RECEIPT as to #33 Transmittal Letter Sent (jbs) |
| Filing 33 Transmittal Letter Sent with Certified copy of Order to: 11th Circuit Court in and for Miami-Dade County. State Court Case Number: 19-037328-CA-01 (lk) |
Filing 32
ORDER Granting #6 Motion to Remand to State Court- 11th Circuit Court in and for Miami-Dade County, FL. All pending motions are DENIED AS MOOT. Closing Case. Motions Terminated: #23 MOTION to Sever Plaintiff's Claims Against It from Plaintiff's Claims Against Other Insurers filed by Colony Insurance Company, #6 MOTION to Remand to State Court filed by 491 UNITS MIAMI GARDEN INVESTMENT LLC. Signed by Judge Ursula Ungaro on 3/31/2020. See attached document for full details. (lk)
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| Filing 31 NOTICE by 491 UNITS MIAMI GARDEN INVESTMENT LLC re #5 Order Setting/Cancelling Hearing,, Set/Reset Deadlines, #28 Order on Motion for Extension of Time, NOTICE OF SERVICE AND FILING (Attachments: #1 Notice of Service of Process - Lexington Ins, #2 Notice of Service of Process - Chubb Custom Ins., #3 Notice of Service of Process - General Security Indem. of AZ, #4 Notice of Service of Process - Certain Underwriters at Lloyds, #5 Notice of Service of Process - Endurance American Spec. Ins., #6 Notice of Service of Process - Liberty Surplus Ins., #7 Notice of Service of Process - Colony Ins., #8 Notice of Service of Process - Starr Surplus Ins., #9 Verified Return of Service - Franklin St. Ins. Services, #10 Verified Return of Service - Franklin St. Management Services, #11 Verified Return of Service - Evan Seacat, #12 Verified Return of Service - Ryan Cassidy) (Gaukroger, Gavin) |
| Filing 30 REPLY to Response to Motion re #6 MOTION to Remand to State Court filed by 491 UNITS MIAMI GARDEN INVESTMENT LLC. (Gaukroger, Gavin) |
| Filing 29 REPLY to Response to Motion re #6 MOTION to Remand to State Court filed by 491 UNITS MIAMI GARDEN INVESTMENT LLC. (Attachments: #1 Exhibit Exhibit A Lloyds Policy)(Gaukroger, Gavin) |
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Filing 28
ORDER granting in part and denying in part #25 Unopposed Motion for Extension of Time. Joint Scheduling Report due by 4/13/2020 Scheduling Conference set for 4/24/2020 09:30 AM before Judge Ursula Ungaro. Signed by Judge Ursula Ungaro on 3/23/2020. See attached document for full details. (drz)
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| Filing 27 Clerks Notice to Filer re #20 Notice (Other). Wrong Event Selected; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, see [de#26]. It is not necessary to refile this document. (lk) |
| Filing 25 Unopposed MOTION for Extension of Time Reply to Responses re #15 Response/Reply (Other),,,,, #22 Response/Reply (Other) by 491 UNITS MIAMI GARDEN INVESTMENT LLC. Responses due by 4/3/2020 (Attachments: #1 Text of Proposed Order Proposed Order)(Gaukroger, Gavin) |
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Filing 24
ORDER directing Defendants to Answer to Complaint re #1 Notice of Removal (State Court Complaint), filed by Certain Underwriters At Lloyd's London Subscribing to Policy No. B1230AP05065A17, EVAN SEACAT response due 4/16/2020; FRANKLIN STREET INSURANCE SERVICES, LLC response due 4/16/2020; RYAN CASSIDY response due 4/16/2020. Signed by Judge Ursula Ungaro on 3/20/2020. See attached document for full details. (lk)
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| Filing 26 Notice of Adoption/Joinder by EVAN SEACAT, FRANKLIN STREET INSURANCE SERVICES, LLC, RYAN CASSIDY Related document: #10 Unopposed MOTION for Extension of Time to File Response/Reply/Answer to Complaint (dkt 1-1) filed by FRANKLIN STREET MANAGEMENT SERVICES, LLC. See image at DE #20 (lk) |
| Filing 23 MOTION to Sever Plaintiff's Claims Against It from Plaintiff's Claims Against Other Insurers by Colony Insurance Company. Responses due by 4/2/2020 (Attachments: #1 Exhibit A)(Darroch, Robert) |
| Filing 22 RESPONSE to #1 Notice of Removal (State Court Complaint), (Opposition to Motion to Compel Appraisal and Appoint Neutral Umpire DE 1-3) by Colony Insurance Company. (Attachments: #1 Exhibit A)(Darroch, Robert) |
| Filing 21 RESPONSE in Opposition re #6 MOTION to Remand to State Court filed by Colony Insurance Company. Replies due by 3/26/2020. (Darroch, Robert) |
| Filing 20 NOTICE by EVAN SEACAT, FRANKLIN STREET INSURANCE SERVICES, LLC, RYAN CASSIDY re #10 Unopposed MOTION for Extension of Time to File Response/Reply/Answer to Complaint (dkt 1-1) of Joinder (Kozak, John) |
| Filing 19 NOTICE of Attorney Appearance by John J. Kozak on behalf of EVAN SEACAT, FRANKLIN STREET INSURANCE SERVICES, LLC, RYAN CASSIDY. Attorney John J. Kozak added to party EVAN SEACAT(pty:dft), Attorney John J. Kozak added to party FRANKLIN STREET INSURANCE SERVICES, LLC(pty:dft), Attorney John J. Kozak added to party RYAN CASSIDY(pty:dft). (Kozak, John) |
| Filing 18 RESPONSE in Opposition re #6 MOTION to Remand to State Court And Incorporated Memorandum of Law filed by Certain Underwriters At Lloyd's London Subscribing to Policy No. B1230AP05065A17. Replies due by 3/26/2020. (McKell, Brian) |
| Filing 17 Insurers' ANSWER and Affirmative Defenses to Complaint re the Notice of Removal by Certain Underwriters At Lloyd's London Subscribing to Policy No. B1230AP05065A17, Chubb Custom Insurance Company, Endurance American Specialty Insurance Company, General Security Indemnity Company of Arizona, Lexington Insurance Company, Liberty Surplus Insurance Corporation, Starr Surplus Lines Insurance Company. (McKell, Brian) |
| Filing 16 NOTICE by Certain Underwriters At Lloyd's London Subscribing to Policy No. B1230AP05065A17, Chubb Custom Insurance Company, Endurance American Specialty Insurance Company, General Security Indemnity Company of Arizona, Lexington Insurance Company, Liberty Surplus Insurance Corporation, Starr Surplus Lines Insurance Company re #15 Response/Reply (Other),,,,, Filing Case Law (Attachments: #1 Exhibit A - Case Law) (McKell, Brian) |
| Filing 15 Joint RESPONSE in Opposition to Plaintiff's Motion to Compel Appraisal and Appoint a Neutral Umpire and Incorporated Memorandum of Law by Certain Underwriters At Lloyd's London Subscribing to Policy No. B1230AP05065A17, Chubb Custom Insurance Company, Endurance American Specialty Insurance Company, General Security Indemnity Company of Arizona, Lexington Insurance Company, Liberty Surplus Insurance Corporation, Starr Surplus Lines Insurance Company. (Attachments: #1 Exhibit A - Insurance Policies, #2 Exhibit B - MKA Report, #3 Exhibit C - Dan Odess Communication, #4 Exhibit D - P Letter - 7-17-2018, #5 Exhibit E - DLT Building Damage Estimate, #6 Exhibit F - Insurer's Letter - 8-2-2018, #7 Exhibit G - P Letter - 8-6-2018, #8 Exhibit H - P Letter - 9-26-2018, #9 Exhibit I - Insurer's Letter - 5-7-2019, #10 Exhibit J - Plaintiff Rev. Claim - 8-14-2019, #11 Exhibit K - Damages Assessment, #12 Exhibit L - Insurer RFI - 9-2019, #13 Exhibit M - P Letter - 8-28-2019, #14 Exhibit N - P's Claim - Loss of Rents - 9-20-2019, #15 Exhibit O - Loss of Rent Spreadsheet, #16 Exhibit P - Insurer's Letter - 10-23-2019, #17 Exhibit Q - Insurer's Letter - 12-12-2019, #18 Exhibit R - Insurer's Reg. EVO - 1-9-2020, #19 Exhibit S - P's Letter - 11-12-2019)(McKell, Brian) |
| Filing 14 ANSWER and Affirmative Defenses to Complaint re the Notice of Removal with Jury Demand by Colony Insurance Company. Attorney Robert Malcolm Darroch added to party Colony Insurance Company(pty:dft). (Darroch, Robert) |
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Filing 13
ORDER granting in part and denying in part #10 Motion for Extension of Time to File Response/Answer to a Complaint or Other Case Initiating Document FRANKLIN STREET MANAGEMENT SERVICES, LLC. Answer due 4/16/2020. Re: #1 Notice of Removal (State Court Complaint), filed by Certain Underwriters At Lloyd's London Subscribing to Policy No. B1230AP05065A17. Signed by Judge Ursula Ungaro on 3/18/2020. See attached document for full details. (amb)
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| Filing 12 Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by FRANKLIN STREET MANAGEMENT SERVICES, LLC (Meyer, Matthew) |
| Filing 11 Notice of Pending, Refiled, Related or Similar Actions by FRANKLIN STREET MANAGEMENT SERVICES, LLC (Meyer, Matthew) |
| Filing 10 Unopposed MOTION for Extension of Time to File Response/Reply/Answer to Complaint (dkt 1-1) by FRANKLIN STREET MANAGEMENT SERVICES, LLC. (Meyer, Matthew) |
| Filing 9 NOTICE of Attorney Appearance by Heidi Hudson Raschke on behalf of Endurance American Specialty Insurance Company. Attorney Heidi Hudson Raschke added to party Endurance American Specialty Insurance Company(pty:dft). (Raschke, Heidi) |
| Filing 8 NOTICE of Attorney Appearance by Gregory Andrew Gidus on behalf of Endurance American Specialty Insurance Company. Attorney Gregory Andrew Gidus added to party Endurance American Specialty Insurance Company(pty:dft). (Gidus, Gregory) |
| Filing 7 Corporate Disclosure Statement by 491 UNITS MIAMI GARDEN INVESTMENT LLC (Gaukroger, Gavin) |
| Filing 6 MOTION to Remand to State Court by 491 UNITS MIAMI GARDEN INVESTMENT LLC. Attorney Gavin Cunningham Gaukroger added to party 491 UNITS MIAMI GARDEN INVESTMENT LLC(pty:pla). (Attachments: #1 Text of Proposed Order Proposed Order)(Gaukroger, Gavin) |
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Filing 5
ORDER SETTING INITIAL PLANNING AND SCHEDULING CONFERENCE. (Initial Planning and Scheduling Conference set for 4/10/2020 10:30 AM in Miami Division before Judge Ursula Ungaro). (Joint Planning and Scheduling Report due by 3/27/2020). Signed by Judge Ursula Ungaro on 3/3/2020. See attached document for full details. (ar2)
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Filing 4
ORDER Re: #1 Notice of Removal (State Court Complaint). Certain Underwriters At Lloyd's London Subscribing to Policy No. B1230AP05065A17, Chubb Custom Insurance Company, Colony Insurance Company, EVAN SEACAT, Endurance American Specialty Insurance Company, FRANKLIN STREET INSURANCE SERVICES, LLC, FRANKLIN STREET MANAGEMENT SERVICES, LLC, General Security Indemnity Company of Arizona, Lexington Insurance Company, Liberty Surplus Insurance Corporation, RYAN CASSIDY, and Starr Surplus Lines Insurance Company response to complaint due 3/19/2020. Signed by Judge Ursula Ungaro on 2/26/2020. See attached document for full details. (ar2)
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| Filing 3 Clerks Notice to Filer re: Electronic Case. Party(ies) Improperly Formatted. The Filer failed to enter the party name(s) in accordance with the CM/ECF Format for Adding Parties for Attorneys Guide. The correction was made. It is not necessary to re-file the document. (ar2) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Ursula Ungaro. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge John J. O'Sullivan 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. (ar2) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Complaint). Filing fee $ 400.00 receipt number BFLSDC-12510477, filed by Certain Underwriters At Lloyd's London Subscribing to Policy No. B1230AP05065A17. (Attachments: #1 Exhibit A - State Court Documents, #2 Exhibit B - Policy, #3 Exhibit C - Motion to Compel Appraisal and Appoint a Neutral Umpire, #4 Civil Cover Sheet)(Turetzky, Brooke) Modified text on 2/26/2020 (ar2). (No answer/motion to dismiss filed). |
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