Garcia et al v. AMERICAN SECURITY INSURANCE COMPANY
Plaintiff: Jeannette Garcia and Jorge Garcia
Defendant: AMERICAN SECURITY INSURANCE COMPANY
Case Number: 1:2021cv23640
Filed: October 15, 2021
Court: US District Court for the Southern District of Florida
Presiding Judge: Cecilia M Altonaga
Referring Judge: Beth Bloom
2 Judge: Alicia M Otazo-Reyes
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Both
Docket Report

This docket was last retrieved on December 13, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 13, 2021 Set/Reset Answer Due Deadline: AMERICAN SECURITY INSURANCE COMPANY answer due 12/24/2021 per DE #25 . (jbs)
December 10, 2021 Opinion or Order Filing 25 OMNIBUS ORDER ON MOTION TO REMAND AND MOTION TO DISMISS Defendant's Motion to Dismiss, ECF No. #11 , is GRANTED IN PART AND DENIED IN PART. Plaintiffs' Motion to Remand, ECF No. #19 , is DENIED. Defendant shall file an Answer to the Second Amended Complaint no later than December 24, 2021. Signed by Judge Beth Bloom on 12/10/2021. See attached document for full details. (jbs)
December 6, 2021 Filing 24 Plaintiff's REPLY to Response to Motion re #19 MOTION to Remand filed by Jeannette Garcia, Jorge Garcia. (Neblett, David)
November 29, 2021 Filing 23 RESPONSE in Opposition re #19 MOTION to Remand filed by AMERICAN SECURITY INSURANCE COMPANY. Replies due by 12/6/2021. (Greenberg, Alaine)
November 26, 2021 Reset Deadlines as to #19 MOTION to Remand . Responses due by 11/29/2021 per DE 22 Order. (mc)
November 26, 2021 Opinion or Order Filing 22 PAPERLESS ORDER granting ECF No. #21 Motion for Extension of Time to File Response to Plaintiffs' Motion for Remand, ECF No. #19 , by November 29, 2021. Signed by Judge Beth Bloom (ta00)
November 26, 2021 Filing 21 Unopposed MOTION for Extension of Time to File Response/Reply/Answer to Plaintiffs' Motion for Remand by AMERICAN SECURITY INSURANCE COMPANY. (Attachments: #1 Text of Proposed Order)(Ramos, Andrea)
November 17, 2021 Filing 20 Defendant's REPLY to Response to Motion re #11 Defendant's MOTION to Dismiss the State Court Complaint contained within the Notice of Removal #1 Notice of Removal (State Court Complaint),, Defendant's Reply to Plaintiffs' Response to Defendant's Motion to Dismiss filed by AMERICAN SECURITY INSURANCE COMPANY. (Greenberg, Alaine)
November 15, 2021 Filing 19 MOTION to Remand by Jeannette Garcia, Jorge Garcia. (Attachments: #1 Text of Proposed Order)(Neblett, David)
November 9, 2021 Filing 18 RESPONSE in Opposition re #11 Defendant's MOTION to Dismiss the State Court Complaint contained within the Notice of Removal #1 Notice of Removal (State Court Complaint),, filed by Jeannette Garcia. Replies due by 11/16/2021. (Neblett, David)
November 5, 2021 Opinion or Order Filing 17 ORDER SCHEDULING MEDIATION Mediation Hearing set for May 2, 2022, at 2:00 p.m. with Ilida Alvarez, Esq. via Zoom video conference. On or before May 5, 2022, the parties shall file a mediation report. Signed by Judge Beth Bloom on 11/5/2021. See attached document for full details. (jbs)
November 4, 2021 Filing 16 Amended NOTICE of Mediator Selection and Hearing. Selected/Added Ilida Alvarez as Mediator. Mediation Hearing set for 5/2/2022. (Neblett, David)
November 4, 2021 Filing 15 NOTICE of Mediator Selection and Hearing. Selected/Added Ilida Alvarez as Mediator. Mediation Hearing set for 12/7/2021. (Neblett, David)
October 26, 2021 Filing 14 Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement Defendant's Certificate of Interested Persons and Corporate Disclosure Statement by AMERICAN SECURITY INSURANCE COMPANY identifying Corporate Parent Interfinancial, Inc., Corporate Parent Assurant, Inc., Other Affiliate PHH Mortgage Services for AMERICAN SECURITY INSURANCE COMPANY (Greenberg, Alaine)
October 26, 2021 Filing 13 Clerks Notice to Filer re #8 Certificate of Other Affiliates/Corporate Disclosure Statement,. Other Affiliates/Corporate Parents Not Entered; ERROR - The Filer failed to enter all Other Affiliates/Corporate Parents from the Certificate of Other Affiliates/Corporate Disclosure Statement. Filer is instructed to refile their Certificate of Other Affiliates/Corporate Disclosure Statement and enter the missing Other Affiliates/Corp Parents. Note - Other Affiliates/Corporate Parents do not appear on the docket sheet. (PHH Mortgage Services) (jbs)
October 26, 2021 Opinion or Order Filing 12 ORDER SETTING TRIAL AND PRE-TRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MATTERS TO MAGISTRATE JUDGE (Amended Pleadings due by 12/28/2021., Discovery due by 5/31/2022., Expert Discovery due by 5/31/2022., Joinder of Parties due by 12/28/2021., Mediation Deadline 6/14/2022., In Limine Motions due by 6/22/2022., Dispositive Motions due by 6/22/2022., Motions due by 6/22/2022., Pretrial Stipulation due by 9/12/2022., Jury Trial set for 9/26/2022 09:00 AM in Miami Division before Judge Beth Bloom., Calendar Call set for 9/20/2022 01:45 PM in Miami Division before Judge Beth Bloom.),Referring Case to Magistrate Judge Alicia M. Otazo-Reyes for Discovery Matters. Signed by Judge Beth Bloom on 10/26/2021. See attached document for full details. (jbs) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.
October 26, 2021 Filing 11 Defendant's MOTION to Dismiss the State Court Complaint contained within the Notice of Removal #1 Notice of Removal (State Court Complaint),, by AMERICAN SECURITY INSURANCE COMPANY. Responses due by 11/9/2021 (Greenberg, Alaine)
October 25, 2021 Filing 10 NOTICE by AMERICAN SECURITY INSURANCE COMPANY of Filing State Court Docket (Attachments: #1 Docket Sheet) (Greenberg, Alaine)
October 25, 2021 Filing 9 Certificate of Other Affiliates/Corporate Disclosure Statement by Jeannette Garcia, Jorge Garcia (Neblett, David)
October 25, 2021 Filing 8 Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement by AMERICAN SECURITY INSURANCE COMPANY identifying Corporate Parent Interfinancial, Inc., Corporate Parent Assurant, Inc. for AMERICAN SECURITY INSURANCE COMPANY (Greenberg, Alaine)
October 25, 2021 Filing 7 Joint SCHEDULING REPORT - Rule 16.1 by AMERICAN SECURITY INSURANCE COMPANY (Attachments: #1 Text of Proposed Order)(Greenberg, Alaine)
October 22, 2021 Opinion or Order Filing 6 ORDER ON POST-REMOVAL PROCEDURES, AND REQUIRING SCHEDULING REPORT AND CERTIFICATES OF INTERESTED PARTIES; ECF No. #3 & #4 , are VACATED. On or before October 22, 2021, Defendant shall answer or otherwise respond to the underlying complaint, unless Defendant has already done so in the Circuit Court Action. By October 25, 2021, the parties shall prepare and file a joint scheduling report, as required by Local Rule 16.1. Signed by Judge Beth Bloom on 10/22/2021. See attached document for full details. (jbs)
October 21, 2021 Opinion or Order Filing 5 ORDER OF RECUSAL. Chief Judge Cecilia M. Altonaga recused. Case reassigned to Judge Beth Bloom for all further proceedings. Signed by Chief Judge Cecilia M. Altonaga on 10/21/2021. See attached document for full details. (yar)
October 15, 2021 Opinion or Order Filing 4 Order Requiring Joint Scheduling Report and Certificates of Interested Parties by 10/25/2021. Signed by Chief Judge Cecilia M. Altonaga on 10/15/2021. See attached document for full details. (ps1)
October 15, 2021 Opinion or Order Filing 3 ORDER Requiring a Removal Status Report by 10/25/2021. Signed by Chief Judge Cecilia M. Altonaga on 10/15/2021. See attached document for full details. (ps1)
October 15, 2021 Filing 2 Clerks Notice of Judge Assignment to Chief Judge Cecilia M. Altonaga. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Edwin G. Torres 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)
October 15, 2021 Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Jeannette Garcia and Jorge Garcia v. American Security Insurance Company) Filing fee $ 402.00 receipt number AFLSDC-15096087, filed by AMERICAN SECURITY INSURANCE COMPANY. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A to Notice of Removal - Broward County Property Appraiser Report, #3 Exhibit B to Notice of Removal - Corporation Information, #4 Exhibit C to Notice or Removal - State Court Pleadings, #5 Exhibit D to Notice of Removal - Notice to State Court of Removal, #6 Exhibit E to Notice of Removal - Plaintiff's Estimate)(Greenberg, Alaine) Modified Text on 10/15/2021 (cds). No Answer Filed/Motion to Dismiss Filed(Exh#4).

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Plaintiff: Jeannette Garcia
Represented By: David Avellar Neblett
Represented By: James Marcus Mahaffey, III
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Plaintiff: Jorge Garcia
Represented By: David Avellar Neblett
Represented By: James Marcus Mahaffey, III
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Defendant: AMERICAN SECURITY INSURANCE COMPANY
Represented By: Andrea M. Ramos
Represented By: Alaine Susan Greenberg
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