Trane U.S., Inc. v. Amerisure Insurance Company et al
| Trane U.S., Inc. |
| Amerisure Insurance Company, Edd Helms Air Conditioning, Inc., Edd Helms Electric, LLC and Tirone Electric, Inc. |
| 1:2022cv20503 |
| February 17, 2022 |
| US District Court for the Southern District of Florida |
| Lauren Fleischer Louis |
| K Michael Moore |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 15, 2022. A more recent docket listing may be available from PACER.
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| Filing 26 Defendant's MOTION to Dismiss with Prejudice #1 Complaint,,, by Edd Helms Air Conditioning, Inc., Edd Helms Electric, LLC. Responses due by 4/29/2022 (Schumacher, Kevin) |
| Filing 25 Defendant's MOTION to Dismiss #1 Complaint,,, by Tirone Electric, Inc.. Responses due by 4/29/2022 (Horwitz, Robert) |
Filing 24
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendants Tirone Electric, Inc., Ed Helms Air Conditioning, Inc., and Ed Helms Electric, LLC's Motions to Set Aside Default. #20 , #22 . On March 31, 2022, Plaintiff Trane U.S., Inc. moved for Clerk's Entry of Default against Defendants #18 , which the Clerk of Court granted #19 . Now, Defendants request that the Court set aside the Clerk's Entry of Default against Defendants. #20 , #22 . The Court construes Tirone Electric, Inc's Motion for Extension of Time as a Motion to Set Aside Default. Pursuant to Rule 55(c) of the Federal Rules of Civil Procedure, a court has the discretion to set aside an entry of default for "good cause." See Fed. R. Civ. P. 55(c). "Good cause" is "a liberal [standard]--but not so elastic as to be devoid of substance." See Compania Interamericana Export-Import, S.A. v. Compania Dominicana de Aviacion, 88 F.3d 948, 951 (11th Cir. 1996). In evaluating good cause, courts consider whether the default was culpable or willful, the speed with which the defaulting party sought to correct the entry of default, and whether setting aside the default will prejudice the adversary. See SEC v. Johnson, 436 F. App'x 939, 945 (11th Cir. 2011). Here, the Court finds good cause to vacate the entry of default. First, Defendants' default was admittedly culpable but not willfully dilatory. According to their Motions, Defendants mistakenly conflated this action with another action in this District involving the same parties. See #20 at 1; #22 at 3. Second, Defendants moved quickly to correct the entry of default. Id. Finally, Plaintiff consents to setting aside the entry of default. See #23 . Accordingly, UPON CONSIDERATION of the Motions #20 , #22 , the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Clerk of Court is instructed to VACATE the Clerk's Entry of Default against Defendants Tirone Electric, Inc., Ed Helms Air Conditioning, Inc., and Ed Helms Electric, LLC. It is FURTHER ORDERED that Defendants Tirone Electric, Inc., Ed Helms Air Conditioning, Inc., and Ed Helms Electric, LLC shall respond to Plaintiff's Complaint #1 within nine (9) days of the date of this Order. Signed by Judge K. Michael Moore on 4/6/2022. (soy)
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| Filing 23 NOTICE of Non-Objection to Defendants' Motions for Extension of Time by Trane U.S., Inc. re #22 MOTION to Set Aside Default or Alternatively Motion for Extension of Time to Respond to Complaint, #20 Defendant's MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint,,, (Gudaitis, Christine) |
| Filing 22 MOTION to Set Aside Default or Alternatively Motion for Extension of Time to Respond to Complaint by Edd Helms Air Conditioning, Inc., Edd Helms Electric, LLC. (Schumacher, Kevin) |
| Filing 21 NOTICE of Attorney Appearance by Kevin Chip Schumacher on behalf of Edd Helms Air Conditioning, Inc., Edd Helms Electric, LLC. Attorney Kevin Chip Schumacher added to party Edd Helms Air Conditioning, Inc.(pty:dft), Attorney Kevin Chip Schumacher added to party Edd Helms Electric, LLC (pty:dft). (Schumacher, Kevin) |
| Filing 20 Defendant's MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint,,, by Tirone Electric, Inc.. Attorney Robert Steven Horwitz added to party Tirone Electric, Inc.(pty:dft). (Attachments: #1 Exhibit Return of Service on Tirone Electric, Inc.)(Horwitz, Robert) |
| Filing 19 VACATED per DE# 24 , Clerks Entry of Default as to Edd Helms Air Conditioning, Inc., Edd Helms Electric, LLC, Tirone Electric, Inc. Signed by DEPUTY CLERK on 3/31/2022. (jas) Modified text on 4/6/2022 (jas). |
| Filing 18 MOTION for Clerks Entry of Default as to Edd Helms Air Conditioning, Inc., Edd Helms Electric, LLC, Tirone Electric, Inc. by Trane U.S., Inc.. (Gudaitis, Christine) |
| Filing 17 ANSWER and Affirmative Defenses to Complaint by Amerisure Insurance Company. (Russo, Andrew) |
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Filing 16
PAPERLESS ORDER. THIS CAUSE came before the Court upon the Unopposed Motion of Defendant Amerisure Insurance Company for Extension of Time to File Responsive Pleading. #15 . Plaintiff filed the Complaint on February 17, 2022 #1 , and Defendant was served on February 25, 2022. #13 . Thus, Defendant's response is due on or before March 18, 2022. Now, Defendant requests that the Court extend the deadline for it to respond to Plaintiff's Complaint to April 1, 2022. #15 . Accordingly, UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #15 is GRANTED. Defendant Amerisure Insurance Company shall respond to the Complaint on or before April 1, 2022. Signed by Judge K. Michael Moore on 3/9/2022. (soy)
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| Filing 15 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint,,, by Amerisure Insurance Company. (Russo, Andrew) |
| Filing 14 NOTICE of Attorney Appearance by Andrew Frank Russo on behalf of Amerisure Insurance Company. Attorney Andrew Frank Russo added to party Amerisure Insurance Company(pty:dft). (Russo, Andrew) |
| Filing 13 SUMMONS (Affidavit) Returned Executed on #1 Complaint,,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Trane U.S., Inc.. Amerisure Insurance Company served on 2/25/2022, response/answer due 3/18/2022. (Gudaitis, Christine) |
| Filing 12 SUMMONS (Affidavit) Returned Executed on #1 Complaint,,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Trane U.S., Inc.. Tirone Electric, Inc. served on 2/25/2022, response/answer due 3/18/2022. (Gudaitis, Christine) |
| Filing 11 SUMMONS (Affidavit) Returned Executed on #1 Complaint,,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Trane U.S., Inc.. Edd Helms Electric, LLC served on 2/28/2022, response/answer due 3/21/2022. (Gudaitis, Christine) |
| Filing 10 SUMMONS (Affidavit) Returned Executed on #1 Complaint,,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Trane U.S., Inc.. Edd Helms Air Conditioning, Inc. served on 2/28/2022, response/answer due 3/21/2022. (Gudaitis, Christine) |
| Filing 9 REFERRAL to Magistrate Judge Lauren Fleischer Louis to take all necessary and proper action as required by law with respect to any and all pretrial discovery matters, per DE 8. (vjk) |
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Filing 8
PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO MAGISTRATE JUDGE LAUREN F. LOUIS. PURSUANT to 28 U.S.C. 636 and the Magistrate Rules of the Local Rules of the Southern District of Florida, the above-captioned Cause is referred to United States Magistrate Judge Lauren F. Louis to take all necessary and proper action as required by law with respect to any and all pretrial discovery matters. Any motion affecting deadlines set by the Court's Scheduling Order is excluded from this referral, unless specifically referred by separate Order. It is FURTHER ORDERED that the parties shall comply with Magistrate Judge Lauren F. Louis's discovery procedures. Signed by Judge K. Michael Moore on 2/22/2022. (thn)
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Filing 7
PAPERLESS PRETRIAL ORDER. This order has been entered upon the filing of the complaint. Plaintiff's counsel is hereby ORDERED to forward to all defendants, upon receipt of a responsive pleading, a copy of this Order. It is further ORDERED that S.D. Fla. L.R. 16.1 shall apply to this case and the parties shall hold a scheduling conference no later than twenty (20) days after the filing of the first responsive pleading by the last responding defendant, or within sixty (60) days after the filing of the complaint, whichever occurs first. However, if all defendants have not been served by the expiration of this deadline, Plaintiff shall move for an enlargement of time to hold the scheduling conference, not to exceed 90 days from the filing of the Complaint. Within ten (10) days of the scheduling conference, counsel shall file a joint scheduling report. Failure of counsel to file a joint scheduling report within the deadlines set forth above may result in dismissal, default, and the imposition of other sanctions including attorney's fees and costs. The parties should note that the time period for filing a joint scheduling report is not tolled by the filing of any other pleading, such as an amended complaint or Rule 12 motion. The scheduling conference may be held via telephone. At the conference, the parties shall comply with the following agenda that the Court adopts from S.D. Fla. L.R. 16.1: (1) Documents (S.D. Fla. L.R. 16.1.B.1 and 2) - The parties shall determine the procedure for exchanging a copy of, or a description by category and location of, all documents and other evidence that is reasonably available and that a party expects to offer or may offer if the need arises. Fed. R. Civ. P. 26(a)(1)(B). (a) Documents include computations of the nature and extent of any category of damages claimed by the disclosing party unless the computations are privileged or otherwise protected from disclosure. Fed. R. Civ. P. 26(a)(1)(C). (b) Documents include insurance agreements which may be at issue with the satisfaction of the judgment. Fed. R. Civ. P. 26(a)(1)(D). (2) List of Witnesses - The parties shall exchange the name, address and telephone number of each individual known to have knowledge of the facts supporting the material allegations of the pleading filed by the party. Fed. R. Civ. P. 26(a)(1)(A). The parties have a continuing obligation to disclose this information. (3) Discussions and Deadlines (S.D. Fla. L.R. 16.1.B.2) - The parties shall discuss the nature and basis of their claims and defenses and the possibilities for a prompt settlement or resolution of the case. Failure to comply with this Order or to exchange the information listed above may result in sanctions and/or the exclusion of documents or witnesses at the time of trial. S.D. Fla. L.R. 16.1.I. Pursuant to Administrative Order 2016-70 of the Southern District of Florida and consistent with the Court of Appeals for the Eleventh Circuit's Local Rules and Internal Operating Procedures, within three days of the conclusion of a trial or other proceeding, parties must file via CM/ECF electronic versions of documentary exhibits admitted into evidence, including photographs of non-documentary physical exhibits. The Parties are directed to comply with each of the requirements set forth in Administrative Order 2016-70 unless directed otherwise by the Court.Telephonic appearances are not permitted for any purpose. Upon reaching a settlement in this matter the parties are instructed to notify the Court by telephone and to file a Notice of Settlement within twenty-four (24) hours. Signed by Judge K. Michael Moore on 2/22/2022. (thn)
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| Filing 6 NOTICE of Attorney Appearance by Allie C. Watson on behalf of Trane U.S., Inc. (Watson, Allie) |
| Filing 5 NOTICE of Attorney Appearance by Stephen A. Marino, Jr on behalf of Trane U.S., Inc. (Marino, Stephen) |
| Filing 4 Summons Issued as to Amerisure Insurance Company, Edd Helms Air Conditioning, Inc., Edd Helms Electric, LLC, Tirone Electric, Inc.. (jas) |
| Filing 3 Clerks Notice to Filer re: Electronic Case. Documents Improperly Arranged. The Filer did not properly attach the Civil Cover Sheet. Future filings must comply with the CM/ECF Civil Case Opening Guide. It is not necessary to re-file this document. (jas) |
| Filing 2 Clerks Notice of Judge Assignment to Judge K. Michael Moore. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Lauren F. Louis 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. (jas) |
| Filing 1 COMPLAINT against All Defendants. Filing fees $ 402.00 receipt number AFLSDC-15410484, filed by TRANE U.S., INC.. (Attachments: #1 Exhibit Ex. A. Edd Helms's Subcontract [TRANE RRFP 00000354 - 00000381], #2 Exhibit Ex. B - Amerisure GL 20119261501 Policy 2017-2018, #3 Exhibit Ex. C - Amerisure CU 20011491601 Policy 2017-2018, #4 Exhibit Ex. D - Tirone's Subcontract [TRANE RRFP 00000324 - 00000353], #5 Exhibit Ex. E - Amerisure - Comm CGL - CPP 20744430601 (2017-2018), #6 Exhibit Ex. F - Amerisure - Umbrella - CU 20744450601 (2017-2018), #7 Exhibit Ex. G - Underlying Comp, #8 Exhibit Ex. H - Underlying Amd Comp, #9 Exhibit Ex. I - Underlying 2nd Amd Comp, #10 Civil Cover Sheet, #11 Summon(s) SUMMONS - Amerisure Ins. Co., #12 Summon(s) SUMMONS - Edd Helms Air Conditioning, Inc., #13 Summon(s) SUMMONS - Edd Helms Electric, LLC, #14 Summon(s) SUMMONS - Tirone Electric)(Gudaitis, Christine) |
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