Oceania III Condominium Association, Inc. v. Westchester Surplus Lines Insurance Company
| Oceania III Condominium Association, Inc. |
| Westchester Surplus Lines Insurance Company and Everest Indemnity Insurance Company |
| 1:2022cv23681 |
| November 9, 2022 |
| US District Court for the Southern District of Florida |
| Jonathan Goodman |
| Robert N Scola |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Notice of Removal |
| Both |
Docket Report
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This docket was last retrieved on September 13, 2023. A more recent docket listing may be available from PACER.
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| Filing 25 Clerk's Notice of Docket Correction re 19 Clerk's Notice of Docket Correction and Instruction to Filer - Attorney. Docket Text Modified pursuant to CM/ECF Admin Procedures and Local Rules by Clerk. Please see ECF No. 24. (sk) |
| Filing 24 Clerk's Notice to Filer re #17 Notice (Other). Login/Signature Block Violation; CORRECTIVE ACTION REQUIRED - The name of attorney e-filing this document via their CM/ECF login (Robert Horwitz) does not match the name of attorney on the signature block of the document (Alexis D. Lezama). The name used for login must match the typed name on signature block of the document. This filing is a violation of Section 3J(1) of CM/ECF Admin Procedures and Local Rule 5.1(b). Filer must File a Notice of Striking, then refile document pursuant to CM/ECF Admin Procedures and Local Rules. (sk) |
| Filing 23 Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement by Westchester Surplus Lines Insurance Company identifying Corporate Parent The Chubb Corporation, Corporate Parent ACE Limited, Other Affiliate Arch Specialty Insurance Company, Other Affiliate Everest Reinsurance Company, Other Affiliate Everest Reinsurance Holdings, Inc., Other Affiliate Everest Underwriting Group (Ireland) Limited, Other Affiliate Everest Re Group, Ltd., Other Affiliate ACE US Holdings, Inc., Other Affiliate ACE Group Holdings, Inc., Other Affiliate Rossin & Burr, PLLC, Other Affiliate Leona Hirschkorn, Other Affiliate Samantha Suaya, Other Affiliate Horacio Rosito, Other Affiliate Mario Villar, Other Affiliate Homeland Insurance Company for Westchester Surplus Lines Insurance Company (Sblano, Justin) |
Filing 22
PAPERLESS ORDER: granting the Plaintiff's unopposed motion for extension of time to respond to the Defendants joint motion to dismiss. #21 . The Plaintiff shall respond to the motion no later than January 16, 2023. Signed by Judge Robert N. Scola, Jr. (cst)
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| Set/Reset Deadlines/Hearings per order de#22 as to #20 Joint MOTION TO DISMISS #15 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM . Responses due by 1/16/2023 (drz) |
| Filing 21 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #20 Joint MOTION TO DISMISS #15 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM by Oceania III Condominium Association, Inc.. (Attachments: #1 Text of Proposed Order)(McCaughan, William) |
| Filing 20 Joint MOTION TO DISMISS #15 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM by Westchester Surplus Lines Insurance Company. Responses due by 1/3/2023 (Attachments: #1 Exhibit Ex. A Everest Policy, #2 Exhibit Ex. B Chubb Policy, #3 Text of Proposed Order Proposed Order Granting Motion to Dismiss)(Ramey, Christopher) |
| Filing 19 Clerk's Notice to Filer re #17 Notice. Wrong Event Selected and Attorney Did Not Associate Themselves ; ERROR - The Filer selected the wrong event and Filing attorney neglected to associate themselves to the case. The document was re-docketed, see [de#18] and The Clerk has added the attorney to the case. (amb) Modified status/text on 1/4/2023 (sk). |
| Filing 18 NOTICE of Attorney Appearance (SEE DE #17 for Image) by Alexis Dominique Lezama on behalf of Everest Indemnity Insurance Company (amb) |
| Filing 17 NOTICE by Everest Indemnity Insurance Company of Appearance (Horwitz, Robert) |
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Filing 16
PAPERLESS ORDER: The Court denies as moot the #8 joint motion to dismiss in light of the #15 amended complaint. Signed by Judge Robert N. Scola, Jr. (eau)
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| Filing 15 AMENDED COMPLAINT against Everest Indemnity Insurance Company, Westchester Surplus Lines Insurance Company, filed by Oceania III Condominium Association, Inc..(McCaughan, William) |
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Filing 14
Scheduling Order and Order of Referral to Mediation: ( Jury Trial set for 11/6/2023 before Judge Robert N. Scola Jr., Calendar Call set for 10/31/2023 09:00 AM in Miami Division before Judge Robert N. Scola Jr.), Order of Referral to Mediation. ( Mediation Deadline 8/3/2023.) Signed by Judge Robert N. Scola, Jr on 12/5/2022. See attached document for full details. (pcs) #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 13
PAPERLESS ORDER striking #12 First MOTION for Extension of Time to Respond to Plaintiff's Initial Discovery Requests by Everest Indemnity Insurance Company for failure to comply with the Undersigned's #7 Discovery Procedures Order. Signed by Magistrate Judge Jonathan Goodman on 12/2/2022. (mkr)
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| Filing 12 STRICKEN PER ORDER DE#13-First MOTION for Extension of Time for Extension of Time to Respond to Plaintiff's Initial Discovery Requests by Everest Indemnity Insurance Company. Responses due by 12/16/2022 (Horwitz, Robert) Modified on 12/5/2022 (drz). |
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Filing 11
PAPERLESS ORDER: The unopposed motion #9 is granted. The Plaintiff may respond to the motion to dismiss no later than December 7, 2022. Signed by Judge Robert N. Scola, Jr. (eau)
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| Filing 10 Joint SCHEDULING REPORT - Rule 26(f) by Westchester Surplus Lines Insurance Company (Sblano, Justin) |
| Filing 9 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #8 Joint MOTION TO DISMISS #1 Notice of Removal (State Court Complaint),, FOR FAILURE TO STATE A CLAIM by Oceania III Condominium Association, Inc.. (Attachments: #1 Text of Proposed Order)(McCaughan, William) |
| Set/Reset Deadlines/Hearings per order de#11 as to #8 Joint MOTION TO DISMISS #1 Notice of Removal (State Court Complaint),, FOR FAILURE TO STATE A CLAIM . Responses due by 12/7/2022 (drz) |
| Filing 8 Joint MOTION TO DISMISS #1 Notice of Removal (State Court Complaint),, FOR FAILURE TO STATE A CLAIM by Westchester Surplus Lines Insurance Company. Responses due by 11/30/2022 (Attachments: #1 Exhibit A, #2 Exhibit B)(Ramey, Christopher) |
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Filing 7
MAGISTRATE JUDGE GOODMAN'S DISCOVERY PROCEDURES ORDER. Signed by Magistrate Judge Jonathan Goodman on 11/10/2022. See attached document for full details. (fbn)
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Filing 6
Order Requiring Discovery and Scheduling Conference and Order Referring Discovery Matters to the Magistrate Judge. Signed by Judge Robert N. Scola, Jr on 11/9/2022. See attached document for full details. (drz)
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| Filing 5 NOTICE by Everest Indemnity Insurance Company Certificate of Non-Objection to Removal. Attorney Robert Steven Horwitz added to party Everest Indemnity Insurance Company(pty:dft). (Horwitz, Robert) |
| Filing 4 Notice of Entry of Parties Listed on #1 Notice of Removal (State Court Complaint),, into CM/ECF. NOTE: New Filer(s) will appear twice, since they are also a new party in the case. New Filer(s)/Party(s): Everest Indemnity Insurance Company. (Sblano, Justin) |
| Filing 3 Clerk's Notice to Filer re: Electronic Case. Parties (Everest Indemnity Insurance Company) Not Added. The Filer failed to add all parties associated with the case. Filer is instructed to add the additional parties by filing a Notice of Entry of Parties. It is not necessary to re-file this document. (jc) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Robert N. Scola, Jr. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jonathan Goodman 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. (jc) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Complaint) Filing fee $ 402.00 receipt number AFLSDC-16090523, filed by Westchester Surplus Lines Insurance Company. (Attachments: #1 Civil Cover Sheet, #2 Exhibit Exhibit 1 - State Court Filings, #3 Exhibit Exhibit 2 - FLFS SOP, #4 Exhibit Exhibit 3 - Policy TOL Broker, #5 Exhibit Exhibit 4 - Everest FF, #6 Exhibit Exhibit 5 - FOIR Information for Westchester, #7 Exhibit Exhibit 6 - FOIR Information for Everest, #8 Exhibit Exhibit 7 - Corporation Information for Oceania III, #9 Exhibit Exhibit 8 - Signed Proof of Loss, #10 Docket Sheet Exhibit 9 - Miami Dade Clerk Docket)(Sblano, Justin) |
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