The Surf Club, Inc. v. Berkshire Hathaway Specialty Insurance et al
| The Surf Club, Inc. d/b/a SC Property Acquisition, LLC and The Surf Club, Inc. doing business as SC Property Acquisition, LLC, |
| Interstate Fire and Casualty Company, Velocity Risk Underwriters, LLC, United Specialty Insurance Company, Certain Underwriters At Lloyd's London, Berkshire Hathaway Specialty Insurance, Everest Indemnity Insurance Company, National Fire & Marine Insurance Company and Insurance Office of America, Inc. |
| 1:2021cv20537 |
| February 8, 2021 |
| US District Court for the Southern District of Florida |
| Donald L Graham |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Notice of Removal |
| Defendant |
Docket Report
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This docket was last retrieved on April 12, 2021. A more recent docket listing may be available from PACER.
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| Filing 26 Transmittal Letter Sent with Order to Remand to: 11th Judicial Circuit in and for Miami Dade County Florida. State Court Case Number: 21-000323-CA-01. (Attachments: #1 Order to Remand) (mee) |
Filing 25
ORDER, granting #15 Motion to Remand. Signed by Senior Judge Donald L. Graham on 4/12/2021. See attached document for full details. (mee)
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| Civil Case Terminated. Closing Case. Per Order d.e. #25 . (mee) |
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Filing 24
ORDER denying as moot #4 Defendant Birkshire Hathaway Specialty Insurance Company's Motion to Dismiss; denying as moot #8 Defendant Velocity Risk Underwriters Subscribing to Policy 2017-9000493-01 Motion to Dismiss. Signed by Senior Judge Donald L. Graham on 4/9/2021. See attached document for full details. (mc)
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| Filing 23 RESPONSE in Support re #15 Plaintiff's MOTION to Remand and Incorporated Memorandum of Law filed by The Surf Club, Inc.. (Rodriguez, Madelyn) |
| Filing 22 RESPONSE to Motion re #15 Plaintiff's MOTION to Remand filed by Certain Underwriters At Lloyd's London, Everest Indemnity Insurance Company, Interstate Fire and Casualty Company, National Fire & Marine Insurance Company, United Specialty Insurance Company. Replies due by 4/7/2021. (Seitz, Jason) |
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Filing 21
ORDER granting #20 Defendants' Motion for Extension of Time to File Response/Reply to Motion for Remand. Responses due by 3/31/2021. Signed by Senior Judge Donald L. Graham on 3/30/2021. See attached document for full details. (gfw)
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| Filing 20 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #15 Plaintiff's MOTION to Remand by Berkshire Hathaway Specialty Insurance, Certain Underwriters At Lloyd's London, Everest Indemnity Insurance Company, Interstate Fire and Casualty Company, National Fire & Marine Insurance Company, United Specialty Insurance Company. (Seitz, Jason) |
| Filing 19 ANSWER and Affirmative Defenses to Amended Complaint with Jury Demand by Berkshire Hathaway Specialty Insurance, Certain Underwriters At Lloyd's London, Everest Indemnity Insurance Company, Interstate Fire and Casualty Company, National Fire & Marine Insurance Company, United Specialty Insurance Company. (Seitz, Jason) |
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Filing 18
ORDER granting Re: #17 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #14 Amended Complaint/Amended Notice of Removal, #15 Plaintiff's MOTION to Remand filed by United Specialty Insurance Company, Interstate Fire and Casualty Company, National Fire & Marine Insurance Company, Everest Indemnity Insurance Company, Certain Underwriters At Lloyd's London, #14 Amended Complaint/Amended Notice of Removal, filed by The Surf Club, Inc. Responses/Answer due by 3/29/2021. Signed by Senior Judge Donald L. Graham on 3/25/2021. See attached document for full details. (gfw)
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| Filing 17 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #14 Amended Complaint/Amended Notice of Removal, #15 Plaintiff's MOTION to Remand by Certain Underwriters At Lloyd's London, Everest Indemnity Insurance Company, Interstate Fire and Casualty Company, National Fire & Marine Insurance Company, United Specialty Insurance Company. (Seitz, Jason) |
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Filing 16
PAPERLESS ORDER RESETTING Status Conference: Telephonic Status Conference reset for 4/14/2021 02:00 PM (cancelling 4/21/2021) in Miami Division before Senior Judge Donald L. Graham. Counsel shall call the following toll-free number on 4/14/2021 at 1:55 PM: 1-888-684-8852, Enter Access Code Number 3772101 followed by the # sign, and Enter Security Code Number 1316 followed by the # sign. State name and enter the conference. Joint Status Report due 4/9/2021. All other aspects of the previous Notice of Telephonic Status Conference remain the same. Signed by Senior Judge Donald L. Graham on 3/18/2021. (gfw)
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| Filing 15 Plaintiff's MOTION to Remand by The Surf Club, Inc.. (Attachments: #1 Exhibit 1)(Rodriguez, Madelyn) |
| Filing 14 Plaintiff's AMENDED COMPLAINT against Certain Underwriters At Lloyd's London, Everest Indemnity Insurance Company, Interstate Fire and Casualty Company, National Fire & Marine Insurance Company, United Specialty Insurance Company, Insurance Office of America, Inc., filed by The Surf Club, Inc..(Rodriguez, Madelyn) |
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Filing 13
ORDER GRANTING PLAINTIFFS UNOPPOSED MOTION FOR EXTENSION OF TIME TO AMEND COMPLAINT AS MATTER OF COURSE, granting #12 Motion for Extension of Time. Amended Complaint due by 3/10/2021.No additional extensions of time will be considered. Signed by Senior Judge Donald L. Graham on 3/3/2021. See attached document for full details. (mee)
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| Filing 12 Plaintiff's MOTION for Extension of Time to Amend Complaint as Matter of Course Plaintiff's Unopposed Motion for Extension of Time to Amend Complaint as a Matter of Course re #5 ANSWER to Complaint (Notice of Removal), #1 Notice of Removal (State Court Complaint),,, by The Surf Club, Inc.. Responses due by 3/15/2021 (Attachments: #1 Text of Proposed Order Order)(Higer, Michael) |
| Filing 11 Plaintiff's RESPONSE to #7 Order, Regarding Joinder by The Surf Club, Inc.. (Attachments: #1 Exhibit Exhibit A - Forbes Article, #2 Exhibit Exhibit B - Insurance Proposal)(Higer, Michael) |
| Filing 10 Defendant's RESPONSE to #7 Order, February 12, 2021 by Berkshire Hathaway Specialty Insurance, Certain Underwriters At Lloyd's London, Everest Indemnity Insurance Company, Interstate Fire and Casualty Company, National Fire & Marine Insurance Company, United Specialty Insurance Company, Velocity Risk Underwriters, LLC. (Seitz, Jason) |
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Filing 9
ORDER/NOTICE Setting Status Conference: Telephonic Status Conference set for 4/21/2021 02:00 PM in Miami Division before Senior Judge Donald L. Graham. Signed by Senior Judge Donald L. Graham on 2/19/21. See attached document for full details. (gfw)
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| Filing 8 MOTION to Dismiss the State Court Complaint contained within the Notice of Removal with Prejudice #1 Notice of Removal (State Court Complaint),,, and Memorandum of Law by Velocity Risk Underwriters, LLC. Attorney Jason Michael Seitz added to party Velocity Risk Underwriters, LLC(pty:dft). Responses due by 3/3/2021 (Seitz, Jason) |
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Filing 7
ORDER. The parties shall, within 10 days, provide additional details regarding the incidents that gave rise to the damage to Plaintiffs property, and brief the issue of whether the claims are properly joined. Signed by Senior Judge Donald L. Graham on 2/12/2021. See attached document for full details. (mee)
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| Filing 6 NOTICE by Berkshire Hathaway Specialty Insurance, Certain Underwriters At Lloyd's London, Everest Indemnity Insurance Company, Interstate Fire and Casualty Company, National Fire & Marine Insurance Company, United Specialty Insurance Company re 3 Clerks Notice to Filer re: Electronic Case (Attachments: #1 Exhibit 1 - State Complaint, #2 Exhibit 2 - State Court Documents) (Seitz, Jason) |
| Filing 5 ANSWER and Affirmative Defenses to Complaint re the Notice of Removal with Jury Demand by Certain Underwriters At Lloyd's London, Everest Indemnity Insurance Company, Interstate Fire and Casualty Company, National Fire & Marine Insurance Company, United Specialty Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Seitz, Jason) |
| Filing 4 MOTION to Dismiss the State Court Complaint contained within the Notice of Removal with Prejudice #1 Notice of Removal (State Court Complaint),,, and Memorandum of Law by Berkshire Hathaway Specialty Insurance. Responses due by 2/23/2021 (Attachments: #1 Exhibit A)(Seitz, Jason) |
| Filing 3 Clerks Notice to Filer re: Electronic Case. State Court Records not included. Filer is instructed to file a Notice (Other) with the State Court Complaint attached within 24 hours. (mee) |
| Filing 2 Clerks Notice of Judge Assignment to Senior Judge Donald L. Graham. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Chris M. McAliley 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. (mee) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Complaint for Breach of Contract) Filing fee $ 402.00 receipt number AFLSDC-14354641, answer and affirmative defenses filed by Certain Underwriters At Lloyd's London, National Fire & Marine Insurance Company, Everest Indemnity Insurance Company, Berkshire Hathaway Specialty Insurance, United Specialty Insurance Company, Interstate Fire and Casualty Company. (Attachments: #1 Summon(s) Exhibit A, #2 Summon(s) Exhibit B, #3 Summon(s) Exhibit C, #4 Summon(s) Exhibit D, #5 Summon(s) Exhibit E, #6 Summon(s) Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Civil Cover Sheet, #21 Answer and Affirmative Defenses, #22 Motion to Dismiss)(Seitz, Jason)Text Modified on 2/9/2021 (mee). |
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