Espinosa v. Lexington Insurance Company
Defendant: Lexington Insurance Company
Petitioner: Marcelina Espinosa
Case Number: 1:2022cv22928
Filed: September 14, 2022
Court: US District Court for the Southern District of Florida
Presiding Judge: Darrin P Gayles
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. ยง 1332 Diversity-Notice of Removal
Jury Demanded By: Both
Docket Report

This docket was last retrieved on November 1, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 1, 2022 Opinion or Order Filing 8 PAPERLESS ORDER DISMISSING CASE WITH PREJUDICE pursuant to the parties' #7 Joint Stipulation of Dismissal with Prejudice. The Court shall retain jurisdiction to enforce the settlement. Signed by Judge Darrin P. Gayles (bhy)
October 31, 2022 Filing 7 STIPULATION of Dismissal with Prejudice by Lexington Insurance Company (Hefley, Kristen)
September 29, 2022 Opinion or Order Filing 6 PAPERLESS ORDER administratively closing case in light of #5 Notice of Settlement, which indicates that this matter has settled in full. The parties are hereby notified that, within thirty (30) days of the date of this Order, they must file a Stipulation or Notice of Dismissal and/or Settlement Agreement along with any other pertinent document necessary to conclude this action. Any pending motions are denied as moot. Signed by Judge Darrin P. Gayles (bhy)
September 29, 2022 Filing 5 NOTICE of Settlement by Lexington Insurance Company (Hefley, Kristen)
September 15, 2022 Opinion or Order Filing 4 PAPERLESS ORDER REQUIRING JOINT SCHEDULING REPORT AND PROPOSED SCHEDULING ORDER. Pursuant to S.D. Fla. Local Rule 16.1, on or before September 30, 2022, the parties shall prepare and file a Joint Scheduling Report, as well as Certificates of Interested Parties and Corporate Disclosure Statements.The parties shall also file a Proposed Scheduling Order, adhering to the format and guidance of the attached form. If the parties deviate in any way from that format and guidance, they shall contemporaneously submit a written explanation, which provides their purported justification for each and every deviation. If the parties fail to submit such written explanation, the Court may enter a Scheduling Order that does not take into account the parties' proposed dates.Failure to comply with this Order shall be grounds for dismissal without prejudice and without further notice. Signed by Judge Darrin P. Gayles (bhy)
September 15, 2022 Filing 3 NOTICE OF COURT PRACTICE. Unless otherwise specified by the Court, every motion shall be double-spaced in Times New Roman 12-point typeface. 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. Signed by Judge Darrin P. Gayles (bhy)
September 14, 2022 Filing 2 Clerks Notice of Judge Assignment to Judge Darrin P. Gayles. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Edwin G. Torres 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. (swr)
September 14, 2022 Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Petition for Declaratory Relief) Filing fee $ 402.00 receipt number AFLSDC-15947931, filed by Lexington Insurance Company. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1 - Petition for Declaratory Relief, #3 Exhibit 2 - Notice of Service of Process, #4 Exhibit 3 - Property Appraiser Information, #5 Exhibit 4 - Declaration in Support of Removal, #6 Exhibit 5 - Civil Cover Sheet, #7 Exhibit 6 - Notice of Email Designation, #8 Exhibit 7 - Petition for Declaratory Relief, #9 Exhibit 8 - Request for Admissions, #10 Exhibit 9 - Request for Production, #11 Exhibit 10 - Petitioner's Notice of Service of Interrogatories, #12 Exhibit 11 - Summons, #13 Exhibit 12 - Summons Issued, #14 Exhibit 13 - Respondent's Motion to Dismiss Petition for Declaratory Relief and in Alternative Motion for More Definite Statement, #15 Exhibit 14 - Notice of Appearance and E-Mail Designations Pursuant to Florida Rule of Judicial Administration 2.516, #16 Exhibit 15 - Response to Defendant's Motion to Dismiss, #17 Exhibit 16 - Notice of Filing Court Orders, #18 Exhibit 17 - Defendant's Motion for Extension of Time to Respond to Plaintiff's Discovery, #19 Exhibit 18 - Agreed Order on Defendant's Motion for Enlargement of Time to Respond to Plaintiff's Discovery, #20 Exhibit 19 - Notice of Hearing, #21 Exhibit 20 - Motion for Extension of Time to Respond to Petitioner's Discovery Requests, #22 Exhibit 21 - Re-Notice of Hearing, #23 Exhibit 22 - Respondent's Amended Motion to Dismiss Petition for Declaratory Relief and in Alternative Motion for More Definite Statement, #24 Exhibit 23 - Amended Notice of Hearing, #25 Exhibit 24 - Motion for Sanctions in Response to Defendant's Motion to Dismiss, #26 Exhibit 25 - Request to Take Judicial Notice of Court Orders, #27 Exhibit 26 - Petitioner's Motion to Compel Responses and Answers to Discovery, #28 Exhibit 27 - Cross-Notice of Hearing, #29 Exhibit 28 - Notice of Zoom Hearing, #30 Exhibit 29 - Second Re-Notice of Hearing, #31 Exhibit 30 - Amended Second Re-Notice of Hearing, #32 Exhibit 31 - Order on Respondent's Motion for Extension of Time to Respond to Petitioner's Discovery, #33 Exhibit 32 - Case Management Order (Streamlined Pathway), #34 Exhibit 33 - Order on Respondent's Amended Motion to Dismiss Petition for Declaratory Relief and in the Alternative Motion for More Definite Statement, #35 Exhibit 34 - Defendant's Notice of Serving First Set of Interrogatories to Plaintiff, #36 Exhibit 35 - Defendant's Notice of Serving Second Set of Interrogatories to Plaintiff, #37 Exhibit 36 - Defendant's First Request for Production to Plaintiff, #38 Exhibit 37 - Respondent's Motion for Enlargement of Time to Respond to the Petition for Declaratory Relief, #39 Exhibit 38 - Respondent's Answer and Affirmative Defenses to Petition for Declaratory Relief, #40 Exhibit 39 - Petitioner's Reply, #41 Exhibit 40 - Respondent's Motion for Relief from Court Order and Request for Additional Time to Respond to Petitioner's Discovery Requests, #42 Exhibit 41 - Agreed Order on Respondent's Motion for Relief from Court Order and Request for Additional Time to Respond to Petitioner's Discovery Requests, #43 Exhibit 42 - Notice of Service of Petitioner's Answers to Interrogatories, #44 Exhibit 43 - Notice of Service of Petitioner's Answers to Second Set of Interrogatories, #45 Exhibit 44 - Notice of Service of Petitioner's Response to Request for Production, #46 Exhibit 45 - Respondent's Motion for Relief from Court Order and Request for Additional Time to Respond to Petitioner's Discovery Requests, #47 Exhibit 46 - Plaintiff's Motion to Compel, #48 Exhibit 47 - Notice of Hearing, #49 Exhibit 48 - Notice to State Court of Removal)(Hefley, Kristen) Answer Filed/Motion to Dismiss Filed. Modified Text on 9/14/2022 (swr).

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Petitioner: Marcelina Espinosa
Represented By: Kenneth Robert Duboff
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Defendant: Lexington Insurance Company
Represented By: Melissa M. Sims
Represented By: Kristen M. Hefley
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