Bates et al v. USAA General Indemnity Company
| Ellie Bates and Barry Bates |
| USAA General Indemnity Company |
| 1:2021cv24048 |
| November 17, 2021 |
| U.S. District Court for the Southern District of Florida |
| Beth Bloom |
| Alicia M Otazo-Reyes |
| Insurance |
| 28 U.S.C. § 1332 |
| Defendant |
Docket Report
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This docket was last retrieved on January 6, 2022. A more recent docket listing may be available from PACER.
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Filing 17
ORDER Scheduling Mediation before Antonio E. Marin Mediation Hearing set for 4/6/2022 02:00 PM Signed by Judge Beth Bloom on 1/6/2022. See attached document for full details. (pcs)
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| Filing 16 NOTICE of Mediator Selection. Notice of Scheduling Mediation Selected/Added USAA General Indemnity Company, Antonio E. Marin as Mediator. (Attachments: #1 Text of Proposed Order Proposed Order Scheduling Mediation)(Samitier, Frank) |
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Filing 15
ORDER SETTING TRIAL AND PRE-TRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MATTERS TO MAGISTRATE JUDGE. Amended Pleadings due by 2/18/2022., Discovery due by 6/28/2022., Expert Discovery due by 6/28/2022., Joinder of Parties due by 2/18/2022., Mediation Deadline 7/12/2022., In Limine Motions due by 7/20/2022., Dispositive Motions due by 7/20/2022., Motions due by 7/20/2022., Pretrial Stipulation due by 10/10/2022., Jury Trial set for 10/24/2022 09:00 AM in Miami Division before Judge Beth Bloom., Calendar Call set for 10/18/2022 01:45 PM in Miami Division before Judge Beth Bloom., ORDER REFERRING CASE to Mediation. Mediation Deadline 7/12/2022., ORDER REFERRING CASE to Magistrate Judge Alicia M. Otazo-Reyes for Discovery Matters. Signed by Judge Beth Bloom on 12/21/2021. See attached document for full details. (lbc) #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.
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| Filing 14 Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement Interested Parties by USAA General Indemnity Company (Samitier, Frank) |
| Filing 13 Joint SCHEDULING REPORT - Rule 16.1 by USAA General Indemnity Company (Attachments: #1 Exhibit Proposed Scheduling Order)(Samitier, Frank) |
| Filing 12 RESPONSE TO ORDER TO SHOW CAUSE re 11 Order to Show Cause, by USAA General Indemnity Company. (Attachments: #1 Affidavit Exhibit A - Affidavit of Frank Samitier, #2 Exhibit Exhibit B - Email with proposed report)(Samitier, Frank) |
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Filing 11
PAPERLESS ORDER TO SHOW CAUSE. THIS CAUSE is before the Court upon a sua sponte review of the record. The Court required the parties to file a joint scheduling report by December 9, 2021. ECF No. #4 at 2. The deadline passed, and the parties did not comply. The parties shall comply with the Court's Order, ECF No. #4 , no later than December 17, 2021. Show Cause Response due by 12/17/2021. Signed by Judge Beth Bloom (jd01)
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| Filing 10 NOTICE of Change of Address, Email or Law Firm Name by Maximo Alexander Santiago (Santiago, Maximo) |
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Filing 9
PAPERLESS ORDER granting 6 Motion to Dismiss and dismissing Count II of the Complaint. The Plaintiffs have failed to respond to the Motion. Moreover, turning to the merits, Plaintiffs have failed to allege any doubts as to the existence or nonexistence of their rights under the policy. The claim for Declaratory Judgment serves no purpose in resolving the parties' dispute. As such, Count II of the Complaint for Declaratory Judgment is dismissed. Signed by Judge Beth Bloom (BB)
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| Filing 8 NOTICE by USAA General Indemnity Company (Attachments: #1 Docket Sheet 2021-023195-CA-01 Docket Sheet) (Samitier, Frank) |
| Filing 7 Clerks Notice to Filer re #5 ANSWER to Complaint (Notice of Removal). Two or More Document Events Filed as One; ERROR - Only one event was selected by the Filer but more than one event was applicable to the document filed. The docket entry was corrected by the Clerk See 6 . It is not necessary to refile this document but in the future, the Filer must select all applicable events. (pcs) |
| Filing 6 MOTION to Dismiss Count II of the State Court Complaint contained within the Notice of Removal #1 Notice of Removal (State Court Complaint), by USAA General Indemnity Company. (See DE #5 for image) Responses due by 12/8/2021 (pcs) |
| Filing 5 ANSWER and Affirmative Defenses to Complaint re the Notice of Removal with Jury Demand with incorporated Motion to Dismiss Count II by USAA General Indemnity Company. (Samitier, Frank) |
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Filing 4
ORDER ON POST-REMOVAL PROCEDURES, AND REQUIRING SCHEDULING REPORT AND CERTIFICATES OF INTERESTED PARTIES. Miscellaneous Deadline 11/24/2021., Motions due by 12/17/2021., Joint Scheduling Report due by 12/9/2021, Responses due by 11/25/2021. See attached document for additional deadlines. Signed by Judge Beth Bloom on 11/18/2021. See attached document for full details. (lbc)
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| Filing 3 Bar Letter re: Admissions sent to attorney Ariana Rubio Di Natale, mailing date November 18, 2021, (pt) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Beth Bloom. 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. (jao) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT ) Filing fee $ 402.00 receipt number AFLSDC-15181628, filed by USAA General Indemnity Company. No Answer and/or Motion to Dismiss Filed. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Exhibit Exhibit A, #3 Exhibit Exhibit B)(Samitier, Frank) Modified on 11/17/2021 (jao). |
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