Alameda Tower 4 Condominium Association, Inc. v. Axis Surplus Insurance Company
| Alameda Tower 4 Condominium Association, Inc. |
| Axis Surplus Insurance Company |
| 1:2022cv21634 |
| May 26, 2022 |
| US District Court for the Southern District of Florida |
| Chris M McAliley |
| Kathleen M Williams |
| Insurance |
| 28 U.S.C. ยง 1332 Diversity-Notice of Removal |
| Both |
Docket Report
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This docket was last retrieved on July 5, 2022. A more recent docket listing may be available from PACER.
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Filing 18
ORDER DISMISSING AND CLOSING CASE (With Prejudice) . Signed by Judge Kathleen M. Williams on 7/5/2022. See attached document for full details. (jas)
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| Filing 17 STIPULATION of Dismissal with Prejudice (Joint) by Axis Surplus Insurance Company (Attachments: #1 Text of Proposed Order)(Satish, Samantha) |
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Filing 16
SCHEDULING ORDER: ( Jury Trial set for 7/17/2023 in Miami Division before Judge Kathleen M. Williams., Calendar Call set for 7/11/2023 11:00 AM in Miami Division before Judge Kathleen M. Williams.) Signed by Judge Kathleen M. Williams on 6/17/2022. See attached document for full details. (ls) #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 15 Joint SCHEDULING REPORT - Rule 16.1 by Axis Surplus Insurance Company (Attachments: #1 Text of Proposed Order)(Satish, Samantha) |
| Filing 14 NOTICE by Axis Surplus Insurance Company re #13 Status Report, #5 Order Referring Case to Magistrate Judge,, Notice of Court Practice/to Appear/Other, (Attachments: #1 Exhibit State Court Pleadings) (Satish, Samantha) |
| Filing 13 STATUS REPORT Removal Status Report by Axis Surplus Insurance Company (Satish, Samantha) |
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Filing 12
PAPERLESS ORDER. THIS MATTER is before the Court on the Motion to Dismiss #9 . In light of Plaintiff's Notice of Non-Opposition #11 , the Motion is GRANTED. Count II of the Complaint #1 is DISMISSED. Signed by Judge Kathleen M. Williams on 6/9/2022. (er01)
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| Filing 11 NOTICE by Alameda Tower 4 Condominium Association, Inc. re #9 MOTION to Dismiss the State Court Complaint contained within the Notice of Removal with Prejudice #1 Notice of Removal (State Court Complaint), Count II Plaintiff's Notice of Non-Opposition (Elsinger, Garrett) |
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Filing 10
PAPERLESS ORDER. THIS MATTER is before the Court on a review of the record. In light of Plaintiff's Notice #6 , which the Court struck, and the "Agreed" proposed order attached to the Motion to Dismiss #9 , if Plaintiff does not oppose Defendant's Motion to Dismiss, Plaintiff shall file a notice of non-opposition on or before June 10, 2022. If Plaintiff does intend to file an opposition to the Motion to Dismiss, Plaintiff shall file its opposition on or before June 16, 2022. Signed by Judge Kathleen M. Williams on 6/7/2022. (shy)
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| Filing 9 MOTION to Dismiss the State Court Complaint contained within the Notice of Removal with Prejudice #1 Notice of Removal (State Court Complaint), Count II by Axis Surplus Insurance Company. Responses due by 6/16/2022 (Attachments: #1 Text of Proposed Order)(Satish, Samantha) |
| Filing 8 ANSWER and Affirmative Defenses to Complaint re the Notice of Removal by Axis Surplus Insurance Company. (Satish, Samantha) |
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Filing 7
PAPERLESS ORDER STRIKING #6 Notice of Voluntary Dismissal, #4 Notice of Change of Attorney. THIS MATTER is before the Court on a review of the record. Local Rule 11.1(d)(3) provides, "no attorney shall withdraw the attorney's appearance in any action or proceeding except by leave of Court after notice served on the attorney's client and opposing counsel." Accordingly, Plaintiff's Notice of Change of Attorney #4 is STRICKEN. If prior counsel wishes to withdraw, counsel must file a proper motion to substitute counsel. Furthermore, parties may not voluntarily dismiss claims using a notice of voluntary dismissal under Rule 41(a), which governs the dismissal of actions, not claims. See Klay v. United Healthgroup, Inc., 376 F.3d 1092, 1106 (11th Cir. 2004). The correct procedure to dismiss a claim, while permitting remaining claims to proceed, is a motion to dismiss or a motion to amend under Federal Rule of Civil Procedure 15(a). Id. Accordingly, Plaintiff's Notice of Voluntary Dismissal #6 is STRICKEN. Signed by Judge Kathleen M. Williams on 6/1/2022. (shy)
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| Filing 6 STRICKEN - NOTICE of Voluntary Dismissal of Count 2 With Prejudice by Alameda Tower 4 Condominium Association, Inc. (Elsinger, Garrett) Modified/Stricken per DE 7 on 6/2/2022 (pes). |
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Filing 5
ORDER OF REFERRAL AND NOTICE OF COURT PRACTICE IN REMOVAL CASES, referring case to Magistrate Judge Chris M. McAliley for Pretrial Non-Dispositive Matters. Signed by Judge Kathleen M. Williams on 5/27/2022. See attached document for full details. (pcs)
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| Filing 4 STRICKEN - NOTICE of Change of Attorney With Firm and Amended Designation of Email Address by Garrett Scott Elsinger on behalf of Alameda Tower 4 Condominium Association, Inc.. Attorney Garrett Scott Elsinger added to party Alameda Tower 4 Condominium Association, Inc.(pty:pla). (Elsinger, Garrett) Modified to convert document into a motion on 5/27/2022 (kpe). Modified/Stricken per DE 7 on 6/2/2022 (pes). |
| Filing 3 CLERK'S NOTICE - Attorney John Salcedo has not been added to this case due to his membership status in this Court's Bar #https://www.flsd.uscourts.gov/flsd-bar-admission-status-and-admission-date-look. For further information, please contact Attorney Admissions at 305-523-5265. re #1 Notice of Removal (State Court Complaint), (pt) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Kathleen M. Williams. 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. (kpe) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - ALAMEDA TOWER 4 CONDOMINIUM ASSOCIATION, INC. vs. AXIS SURPLUS INSURANCE COMPANY) Filing fee $ 402.00 receipt number AFLSDC-15670749, filed by Axis Surplus Insurance Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Civil Cover Sheet)(Lewis, William) No answer/motion to dismiss filed. Modified text on 5/27/2022 (kpe). |
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