MBC ITH Associates LLC v. Philadelphia Indemnity Insurance Company
| MBC ITH Associates LLC |
| Philadelphia Indemnity Insurance Company |
| 1:2020cv22975 |
| July 20, 2020 |
| US District Court for the Southern District of Florida |
| Darrin P Gayles |
| Insurance |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 31, 2020. A more recent docket listing may be available from PACER.
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Filing 16
PAPERLESS ORDER DISMISSING CASE WITHOUT PREJUDICE pursuant to Plaintiff's #15 Notice of Voluntary Dismissal. All pending motions are denied as moot. Signed by Judge Darrin P. Gayles (jsi)
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| Filing 15 NOTICE of Voluntary Dismissal by MBC ITH Associates LLC (Lopez, Javier) |
| Filing 14 Unopposed MOTION for Leave to File Amended Complaint by MBC ITH Associates LLC. (Attachments: #1 Exhibit 1 - Amended Complaint, #2 Exhibit A to Amended Complaint - Insurance Policy, #3 Exhibit B to Amended Complaint - ISO Circular, #4 Text of Proposed Order)(Lopez, Javier) |
| Filing 13 Notice of Supplemental Authority re #4 MOTION to Dismiss the State Court Complaint contained within the Notice of Removal with Prejudice #1 Notice of Removal (State Court Complaint), by Philadelphia Indemnity Insurance Company (Attachments: #1 Exhibit A, #2 Exhibit B) (Irel, Monica) |
| Filing 12 Proposed SCHEDULING REPORT - Rule 16.1 by MBC ITH Associates LLC (Lopez, Javier) |
| Filing 11 Joint SCHEDULING REPORT - Rule 16.1 by MBC ITH Associates LLC (Attachments: #1 Text of Proposed Order Proposed Order)(Lopez, Javier) |
| Filing 10 Certificate of Other Affiliates/Corporate Disclosure Statement by Philadelphia Indemnity Insurance Company identifying Corporate Parent Tokio Marine Holdings, Inc., Corporate Parent Tokio Marine North America, Inc., Corporate Parent Philadelphia Consolidated Holding Corp., Corporate Parent Tokio Marine and Nichido Fire Insurance Company, Ltd. for Philadelphia Indemnity Insurance Company (Irel, Monica) |
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Filing 9
PAPERLESS ORDER REQUIRING JOINT SCHEDULING REPORT AND PROPOSED SCHEDULING ORDER. Pursuant to S.D. Fla. Local Rule 16.1, on or before August 24, 2020, 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 (jsi)
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Filing 8
PAPERLESS ORDER granting Plaintiff's #6 Unopposed Motion for Extension of Time to Respond to Defendant's Motion to Dismiss. Plaintiff shall file its Response to #4 Defendant's Motion to Dismiss Plaintiff's Complaint on or before August 31, 2020. Signed by Judge Darrin P. Gayles (jsi)
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| Filing 7 Clerks Notice to Filer re #6 Unopposed MOTION for Extension of Time To Respond to Defendant's Motion to Dismiss . Wrong Motion Relief(s) Selected; ERROR - The Filer selected the wrong motion relief(s) when docketing the motion. The correction was made by the Clerk. It is not necessary to refile this document but future motions filed must include applicable reliefs. (ls) |
| Filing 6 Unopposed Motion for Extension of Time to File Response/Reply/Answer as to #4 MOTION to Dismiss the State Court Complaint contained within the Notice of Removal with Prejudice #1 Notice of Removal (State Court Complaint), by MBC ITH Associates LLC. Responses due by 8/19/2020 (Attachments: #1 Text of Proposed Order)(Lopez, Javier) Modified Relief on 8/5/2020 (ls). |
| Filing 5 Plaintiff's Certificate of Other Affiliates/Corporate Disclosure Statement by MBC ITH Associates LLC (Lopez, Javier) |
| Filing 4 MOTION to Dismiss the State Court Complaint contained within the Notice of Removal with Prejudice #1 Notice of Removal (State Court Complaint), by Philadelphia Indemnity Insurance Company. Responses due by 8/10/2020 (Attachments: #1 Exhibit 1 - Policy, #2 Exhibit 2 - Giavrilides case - transcript, #3 Exhibit 3 - Social Life case - transcript, #4 Exhibit 4 - Governor Sununu Order 3-13-20, #5 Exhibit 5 - Executive Order 2020-06, #6 Exhibit 6 - New Hampshire Order 6, #7 Exhibit 7 - New Hamprshire Order 27)(Irel, Monica) |
| 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 (jsi) |
| 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. (pcs) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - MBC ITH Associates LLC v. Philadelphia Indemnity Insurance Company) Filing fee $ 400.00 receipt number AFLSDC-13207240, filed by Philadelphia Indemnity Insurance Company. (Attachments: #1 Civil Cover Sheet, #2 Exhibit Complaint and Summons)(Irel, Monica) No Answer/Motion to Dismiss filed. Modified on 7/20/2020 (pcs). |
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