Viamontes v. Scottsdale Insurance Company
Plaintiff: Teresa Viamontes
Defendant: Scottsdale Insurance Company
Case Number: 1:2021cv23864
Filed: November 2, 2021
Court: US District Court for the Southern District of Florida
Presiding Judge: Cecilia M Altonaga
Referring Judge: Edwin G Torres
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. ยง 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 Filing 19 Transmittal Letter Sent with Certified Copy of Order of Remand to: 11th Judicial Court - Miami-Dade County, FL. State Court Case Number: 21-022282-CA-01. (caw)
December 13, 2021 Opinion or Order Filing 18 ORDER granting in part #8 Plaintiff's MOTION to Remand filed by Teresa Viamontes. Remanding Case to State Court and Closing Case. Signed by Chief Judge Cecilia M. Altonaga on 12/13/2021. See attached document for full details. (ps1)
December 7, 2021 Filing 17 Plaintiff's REPLY to Response to Motion re #8 Plaintiff's MOTION to Remand filed by Teresa Viamontes. (Conger, Ayesa)
November 30, 2021 Filing 16 RESPONSE in Opposition re #8 Plaintiff's MOTION to Remand filed by Scottsdale Insurance Company. Replies due by 12/7/2021. (Rogers, Robert)
November 18, 2021 Opinion or Order Filing 15 ORDER Setting Trial and Pretrial Schedule, Requiring Mediation, and Referring Certain Matters to Magistrate Judge: Trial set for two-week period beginning 9/26/2022 in Miami Division before Chief Judge Cecilia M. Altonaga. Calendar Call set for 9/20/2022 before Chief Judge Cecilia M. Altonaga. Motions to amend pleadings or join parties due by 12/30/2021. All Discovery due by 5/31/2022. Mediation Deadline 6/6/2022. In Limine Motions due by 7/12/2022. Pre-Trial Motions due by 6/14/2022. Pre-trial Stipulation due by 7/12/2022. REFERRING CASE to Magistrate Judge Edwin G. Torres for Discovery Matters. Signed by Chief Judge Cecilia M. Altonaga on 11/18/2021. See attached document for full details. (ps1)
November 17, 2021 Filing 14 Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Scottsdale Insurance Company (Rogers, Robert)
November 17, 2021 Filing 13 Joint SCHEDULING REPORT - Rule 16.1 by Scottsdale Insurance Company (Attachments: #1 Exhibit Exhibit 1)(Rogers, Robert)
November 16, 2021 Filing 12 Plaintiff's Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Teresa Viamontes (Conger, Ayesa)
November 16, 2021 Opinion or Order Filing 11 ORDER denying as moot #3 Motion to Dismiss for Failure to State a Claim. Furthermore, given that Plaintiff is challenging the Courts subject matter jurisdiction (see Mot. Remand [ECF No. #8 ]), Defendant is instructed not to respond to the Amended Complaint until the Motion to Remand is decided. Signed by Chief Judge Cecilia M. Altonaga on 11/16/2021. See attached document for full details. (ps1)
November 16, 2021 Filing 10 RESPONSE in Opposition re #3 Defendant's MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM With Incorporated Memorandum of Law filed by Teresa Viamontes. Replies due by 11/23/2021. (Conger, Ayesa)
November 16, 2021 Filing 9 Plaintiff's AMENDED COMPLAINT against Scottsdale Insurance Company, filed by Teresa Viamontes. (Attachments: #1 Exhibit A - Policy)(Conger, Ayesa)
November 16, 2021 Filing 8 Plaintiff's MOTION to Remand by Teresa Viamontes. (Attachments: #1 Exhibit A - 4/1/2021 Pre-Suit Settlement Demand Communication, #2 Exhibit B - 8/23/2021 Notice of Intent to Initiate Litigation, #3 Exhibit C - 9/1/2021 Letter from Defendant regarding Notice of Intent to Initiate Litigation, #4 Exhibit D - 11/11/2021 Litigation Settlement Demand Communication)(Conger, Ayesa)
November 15, 2021 Filing 7 STATUS REPORT by Scottsdale Insurance Company (Rogers, Robert)
November 9, 2021 Filing 6 NOTICE of Attorney Appearance by Ayesa Conger on behalf of Teresa Viamontes. Attorney Ayesa Conger added to party Teresa Viamontes(pty:pla). (Conger, Ayesa)
November 3, 2021 Opinion or Order Filing 5 ORDER REQUIRING SCHEDULING REPORT AND CERTIFICATES OF INTERESTED PARTIES. Joint Scheduling Report and Certificates of Interested Parties due by 11/17/2021. Signed by Chief Judge Cecilia M. Altonaga on 11/3/2021. See attached document for full details. (wc)
November 3, 2021 Opinion or Order Filing 4 ORDER. Removal Status Report due by 11/15/2021. Signed by Chief Judge Cecilia M. Altonaga on 11/3/2021. See attached document for full details. (wc)
November 2, 2021 Filing 3 Defendant's MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM With Incorporated Memorandum of Law by Scottsdale Insurance Company. Responses due by 11/16/2021 (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2)(Rogers, Robert)
November 2, 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. (jao)
November 2, 2021 Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Complaint) Filing fee $ 402.00 receipt number AFLSDC-15143003, filed by Scottsdale Insurance Company. No Answer and/or Motion to Dismiss Filed. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Civil Cover Sheet Civil Cover Sheet, #5 Exhibit Copies of All Process)(Rogers, Robert) Modified on 11/2/2021 (jao).

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Plaintiff: Teresa Viamontes
Represented By: Thomas A Singer
Represented By: Ayesa Conger
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Defendant: Scottsdale Insurance Company
Represented By: Andrew P. Rock
Represented By: Robert Lee Rogers, III
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