Yanes et al v. National Specialty Insurance Company
| Veronica Yanes and Daniel Yanes Alvarez |
| National Specialty Insurance Company |
| 1:2020cv21179 |
| March 18, 2020 |
| US District Court for the Southern District of Florida |
| Jacqueline Becerra |
| K Michael Moore |
| Insurance |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on April 15, 2020. A more recent docket listing may be available from PACER.
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| Filing 16 Clerks Notice to Filer re #14 Notice (Other). Wrong Event Selected; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, see [de#15]. It is not necessary to refile this document. (cqs) |
| Filing 15 JOINT SCHEDULING REPORT - Rule (for image see DE#14) by Veronica Yanes, Daniel Yanes Alvarez (cqs) |
| Filing 14 NOTICE by National Specialty Insurance Company Joint Scheduling Report (Attachments: #1 Text of Proposed Order) (Mims, William) |
| Filing 13 REPLY to Response to Motion re #11 MOTION for Leave to File filed by National Specialty Insurance Company. (Attachments: #1 Exhibit)(Mims, William) |
Filing 12
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendants Motion for Leave to File Response. #11 . Therein, Defendant requests leave to file a sur-reply in opposition to Plaintiffs Motion to Remand. Id. at 1. The Motion does not comply with the requirements of the Southern District of Florida Local Rules. Local Rule 7.1(a)(3) provides that "counsel for the movant shall confer with all parties... in a good faith effort to resolve by agreement the issues raised in the motion" and must certify "[a]t the end of the motion, and above the signature block... that counsel for the movant made reasonable efforts to confer with all parties... who may be affected by the relief sought." S.D. Fla. L.R. 7.1(a)(3). Local Rule 7.1(a)(3) cautions, "[f]ailure to comply with the requirements of this Local Rule may be cause for the Court to grant or deny the motion and impose on counsel an appropriate sanction." Id. 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 Defendants Motion for Leave to File Response #11 is STRICKEN. The Clerk of Court is INSTRUCTED TO STRIKE the Motion for Leave to File Response. #11 . Any renewed motion shall be filed on or before April 10, 2020. Further, any renewed motion shall be filed in compliance with the Southern District of Florida Local Rules. Signed by Chief Judge K. Michael Moore on 4/6/2020. (mgh)
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| Filing 11 (STRICKEN PER DE#12) MOTION for Leave to File by National Specialty Insurance Company. (Attachments: #1 Exhibit)(Mims, William)Text Modified on 4/6/2020 (cqs). |
| Filing 10 Plaintiff's REPLY to #9 Response in Opposition to Motion, TO PLAINTIFFS MOTION TO REMAND DUE TO LACK OF SUBJECT MATTER JURISDICTION AND INCORPORATED MEMORANDUM OF LAW by Veronica Yanes, Daniel Yanes Alvarez. (Lopez, Anthony) |
| Filing 9 RESPONSE in Opposition re #4 Plaintiff's MOTION to Remand DUE TO LACK OF SUBJECT MATTER JURISDICTION AND INCORPORATED MEMORANDUM OF LAW filed by National Specialty Insurance Company. Replies due by 4/2/2020. (Mims, William) |
| Filing 8 SUPPLEMENT to #1 Notice of Removal (State Court Complaint), by National Specialty Insurance Company (Attachments: #1 Exhibit Complaint, #2 Exhibit Request for Admissions, #3 Exhibit Motion for Relief, #4 Exhibit Agreed Order, #5 Exhibit Combined State Documents, #6 Exhibit Index of Record)(Mims, William) |
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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 3/20/2020. (mgh)
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Filing 6
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 Circuits 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 3/20/2020. (mgh)
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| Filing 5 NOTICE of Attorney Appearance by William Mason Mims on behalf of National Specialty Insurance Company (Mims, William) |
| Filing 4 Plaintiff's MOTION to Remand DUE TO LACK OF SUBJECT MATTER JURISDICTION AND INCORPORATED MEMORANDUM OF LAW by Veronica Yanes, Daniel Yanes Alvarez. (Lopez, Anthony) |
| Filing 3 Clerks Notice to Filer re: Electronic Case. Please File Complete Documents of the State Court Records. Filer is instructed to file a Notice (Other) with the State Court Records attached within 24 hours. (cds) |
| 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 - Complaint) Filing fee $ 400.00 receipt number AFLSDC-12619831, filed by National Specialty Insurance Company. (Attachments: #1 Exhibit A - State Court Complaint, #2 Exhibit B - State Court Answer, #3 Exhibit C - All Other State Court Documents, #4 Exhibit D - Index of Record, #5 Civil Cover Sheet, #6 Docket Sheet)(Henry, Brian) Text Modified on 3/18/2020 (cds). No Answer/Motion To Dismiss Filed. |
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