Perry v. Risk Insurance and Reinsurance Solutions, Inc.
| Sean Perry |
| RISK INSURANCE AND REINSURANCE SOLUTIONS, INC. |
| 1:2022cv22015 |
| July 1, 2022 |
| US District Court for the Southern District of Florida |
| Lauren Fleischer Louis |
| K Michael Moore |
| Labor: E.R.I.S.A. |
| 28 U.S.C. § 1441 Notice of Removal |
| None |
Docket Report
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This docket was last retrieved on August 15, 2022. A more recent docket listing may be available from PACER.
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| Filing 16 ACKNOWLEDGMENT OF RECEIPT as to 14 Order on Motion to Remand to State Court, Order on Motion to Stay, #15 Transmittal Letter Sent (pcs) |
| Filing 15 Transmittal Letter Sent with Order and Docket Sheet to: 11th Judicial Circuit in and for Miami-Dade County. State Court Case Number: 22-008963-CA-01 (amb) |
Filing 14
PAPERLESS ORDER REMANDING CASE. THIS CAUSE came before the Court upon Plaintiff's Amended Motion to Remand. #11 . Therein, Plaintiff seeks entry of an order remanding this case to the Circuit Court of the Eleventh Judicial Circuit in and for Miami-Dade County, Florida because of his filing of the First Amended Complaint #8 , which removed his federal claims and now only raises claims under Florida state law. Defendant filed a response indicating that it does not oppose remand. #12 . 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 Amended Motion to Remand #11 is GRANTED. The above-captioned cause is REMANDED to the Circuit Court of the Eleventh Judicial Circuit in and for Miami-Dade County, Florida. The Clerk of Court is instructed to CLOSE this case. All pending motions are DENIED AS MOOT. Signed by Judge K. Michael Moore on 8/3/2022. (tgr)
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| Filing 13 Unopposed MOTION to Stay re #11 Amended MOTION to Remand to State Court by Risk Insurance and Reinsurance Solutions, Inc.. Responses due by 8/16/2022 (Attachments: #1 Text of Proposed Order)(DeBoe, Paul) |
| Filing 12 RESPONSE to Motion re #9 MOTION to Remand to State Court , #11 Amended MOTION to Remand to State Court Defendant's Response to Plaintiff's Motion to Remand filed by RISK INSURANCE AND REINSURANCE SOLUTIONS, INC.. Replies due by 8/8/2022. (DeBoe, Paul) |
| Filing 11 Amended MOTION to Remand to State Court by Sean Perry. (Lozeau, Louis) |
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Filing 10
PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff's filing of the First Amended Complaint. #8 . The amended complaint moots Defendant's Motion to Dismiss Plaintiff's Complaint. #6 . Accordingly, UPON CONSIDERATION of the amended complaint #8 , the pertinent portions of the record, and being otherwise fully advised in the premises, it is ORDERED AND ADJUDGED that Defendant's Motion to Dismiss Plaintiff's Complaint #6 is DENIED AS MOOT. Signed by Judge K. Michael Moore on 7/20/2022. (tgr)
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| Filing 9 MOTION to Remand to State Court by Sean Perry. (Lozeau, Louis) |
| Filing 8 First AMENDED COMPLAINT against Sean Perry filed in response to Order Granting Motion for Leave, filed by Sean Perry.(Lozeau, Louis) |
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Filing 7
PAPERLESS ORDER REGARDING DEFENDANT'S MOTION TO DISMISS #6 . THIS CAUSE came before the Court upon Defendant Risk Insurance and Reinsurance Solutions, Inc.'s Motion to Dismiss Plaintiff's Complaint. #6 . Therein, Defendant moves to dismiss Plaintiff's Complaint [1-1] for failure to state a claim upon which relief can be granted. See generally id. Without expressing any views as to the Motion's merits, the Court affords Plaintiff an opportunity to cure the purported pleading defects by granting Plaintiff leave to file an amended complaint pursuant to Federal Rule of Civil Procedure 15(a)(1)(B). Accordingly, Plaintiff is ORDERED to either amend his Complaint [1-1] on or before July 29, 2022, or respond to the Motion to Dismiss Plaintiff's Complaint #6 on or before July 22, 2022. Signed by Judge K. Michael Moore on 7/11/2022. (tgr)
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| Filing 6 Defendant's MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM by RISK INSURANCE AND REINSURANCE SOLUTIONS, INC.. Responses due by 7/22/2022 (DeBoe, Paul) |
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Filing 5
PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO MAGISTRATE JUDGE LAUREN F. LOUIS. PURSUANT to 28 U.S.C. 636 and the Magistrate Judge 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 7/5/2022. (soy)
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Filing 4
PAPERLESS PRETRIAL ORDER. THIS ORDER has been entered upon the filing of a Notice of Removal. Counsel for the removing party is hereby ORDERED to forward a copy of this Order to all other parties. 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 within twenty (20) days of the date of this Order. Within ten (10) days of the scheduling conference, counsel shall file a Joint Scheduling Report. The report shall indicate the proposed month and year for the trial and the estimated number of days required for trial. 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 possibility of 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. Failure of counsel to file a joint scheduling report may result in remand or dismissal, default, and the imposition of other sanctions including attorney's fees and costs. The filing of a motion to dismiss, or other motion, does not toll the time for filing a joint scheduling report. Counsel for the non-removing party must file a motion to remand the case on the basis of any defect other than lack of subject matter jurisdiction within thirty (30) days after the filing of the Notice of Removal. The parties are hereby on notice that this Court requires all filings to be formatted in 12-point Times New Roman font and double spaced, including any footnotes, with one-inch margins on all sides. Failure to follow these formatting guidelines may result in the filing being stricken, any opposing filing being granted by default, and the imposition of other sanctions, including attorney's fees and costs. Multiple Plaintiffs or Defendants shall file joint motions with co-parties unless there are clear conflicts of position. If conflicts of position exist, parties shall explain the conflicts in their separate motions. Failure to comply with ANY of these procedures may result in the imposition of appropriate sanctions, including but not limited to, the striking of the motion or dismissal of this action. The parties shall seek extensions of time in a timely fashion. "A motion for extension of time is not self-executing.... Yet, by filing these motions on or near the last day, and then sitting idle pending the Court's disposition of the motion, parties essentially grant their own motion. The Court will not condone this." Compere v. Nusret Miami, LLC, 2020 WL 2844888, at *2 (S.D. Fla. May 7, 2020) (internal citations omitted). 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 (3) 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 7/5/2022. (soy)
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| Filing 3 Clerk's Notice to Filer re: Electronic Case. Incorrect case opening information. The Filer selected the incorrect Cause of Action when filing. The correction was made. It is not necessary to re-file this document. (mab) |
| 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. (mab) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Complaint) Filing fee $ 402.00 receipt number AFLSDC-15762148, filed by RISK INSURANCE AND REINSURANCE SOLUTIONS, INC. No Answer Filed/No Motion to Dismiss Filed in State Court (Attachments: #1 Exhibit A- State Court Complaint and Other Filings, #2 Civil Cover Sheet)(DeBoe, Paul) Modified attachment description on 7/5/2022 (mab). |
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| Plaintiff: Sean Perry | |
| Represented By: | Louis Ernest Lozeau, Jr. |
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| Defendant: RISK INSURANCE AND REINSURANCE SOLUTIONS, INC. | |
| Represented By: | Paul J DeBoe |
| Represented By: | David M. DeMaio |
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