Diaz v. USAA General Indemnity Company
| Alexander Diaz |
| USAA General Indemnity Company |
| 1:2022cv22219 |
| July 18, 2022 |
| US District Court for the Southern District of Florida |
| Melissa Damian |
| James Lawrence King |
| Personal Property: Other |
| 42 U.S.C. ยง 4001 National Insurance Flood Act |
| Both |
Docket Report
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Filing 16
SCHEDULING ORDER: ( Discovery due by 6/28/2023., Motions due by 7/3/2023., Pretrial Stipulation due by 8/25/2023., Jury Trial set for 11/13/2023 09:00 AM in Miami Division before Senior Judge James Lawrence King., Calendar Call set for 11/9/2023 10:00 AM in Miami Division before Senior Judge James Lawrence King., Final Pretrial Conference set for 9/1/2023 11:00 AM in Miami Division before Senior Judge James Lawrence King. All hearings to be held before Judge King will be held in Courtroom II, Eleventh Floor.), ORDER REFERRING CASE to Magistrate Judge Melissa Damian for Discovery Matters. Signed by Senior Judge James Lawrence King on 8/23/2022. See attached document for full details. (jw) #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 MOTION to Dismiss #1 Notice of Removal (State Court Complaint), Plaintiff's Claims for Judicial Interest and Attorney's Fees and Costs Pursuant to Fed.R.Civ.Pro.12(B)(6) and Incorporated Memorandum in Support Thereof by USAA General Indemnity Company. Responses due by 9/2/2022 (Attachments: #1 Exhibit Certified Policy)(McQueen, Stephanie) |
| Filing 14 ANSWER and Affirmative Defenses to Complaint re the Notice of Removal by USAA General Indemnity Company. (McQueen, Stephanie) |
| Filing 13 Defendant's MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Seth A. Schmeeckle. Filing Fee $ 200.00 Receipt # AFLSDC-15875252 by USAA General Indemnity Company. Responses due by 8/30/2022 (Attachments: #1 Certification Certificate of Good Service)(McQueen, Stephanie) |
| Filing 12 Defendant's MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Matthew D. Fraser. Filing Fee $ 200.00 Receipt # AFLSDC-15875201 by USAA General Indemnity Company. Responses due by 8/30/2022 (Attachments: #1 Certification Certificate of Good Service)(McQueen, Stephanie) |
| Filing 11 Defendant's MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Tina L. Kappen. Filing Fee $ 200.00 Receipt # AFLSDC-15874945 by USAA General Indemnity Company. Responses due by 8/30/2022 (Attachments: #1 Certification Certificate of Good Service)(McQueen, Stephanie) |
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Filing 10
ORDER Granting #9 Motion for Extension of Time to File Answer to a Complaint or Other Case Initiating Document USAA General Indemnity Company. Answer due 8/19/2022. Signed by Senior Judge James Lawrence King on 7/27/2022. See attached document for full details. (jw)
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| Filing 9 Defendant's MOTION for Extension of Time to File Response/Reply/Answer by USAA General Indemnity Company. (Van Der Linde, Kristen) |
| Filing 8 NOTICE by USAA General Indemnity Company re #4 Order, (Van Der Linde, Kristen) |
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Filing 7
PAPERLESS ORDER Granting #6 Motion to Withdraw as Attorney. Emiliano Perez representing Diaz, Alexander (Plaintiff) withdrawn from case. Signed by Senior Judge James Lawrence King on 7/25/2022. (jw)
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| Filing 6 First MOTION to Withdraw as Attorney for Plaintiff by Emiliano Perez for / by Alexander Diaz. Responses due by 8/5/2022 (Perez, Emiliano) |
| Filing 5 NOTICE of Change of Address, Email or Law Firm Name by Emiliano Perez (Perez, Emiliano) |
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Filing 4
ORDER Directing Defendant to File Estimated Length of Trial re #1 Notice of Removal (State Court Complaint), filed by USAA General Indemnity Company Signed by Senior Judge James Lawrence King on 7/20/2022. See attached document for full details. (jw)
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| Filing 3 Bar Letter re: Admissions sent to attorney Seth Schmeeckle, Tina L. Kappen and Matthew D. Fraser, mailing date July 19, 2022, (pt) |
| Filing 2 Clerks Notice of Judge Assignment to Senior Judge James Lawrence King. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Melissa Damian 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-15799428, filed by USAA General Indemnity Company. No Answer Filed/ No Motion to Dismiss Filed in State Court.(Attachments: #1 Exhibit 1-State Court Complaint, #2 Designation List of Parties & Pleadings, #3 Civil Cover Sheet, #4 Civil Cover Sheet Attachment A, #5 Civil Cover Sheet Attachment B)(Van Der Linde, Kristen) Modified attachment description and text on 7/19/2022 (mab). |
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