Travelers Casualty and Surety Company of America v. Kendall et al
| Travelers Casualty and Surety Company of America |
| Micthell Kendall, Shayna Sirkin, Susan Shane, Elenore Cora Ross, Jack Loeb, Barney Rosenzweig, Gerarld Silver, Susan Silver, Mark Sinnreich, Millinda Sinnreich, Ronald Shane, Nicole Kendall, Robert Vole and Mitch Kendall |
| 1:2022cv23713 |
| November 11, 2022 |
| U.S. District Court for the Southern District of Florida |
| Beth Bloom |
| Alicia M Otazo-Reyes |
| Insurance |
| 28 U.S.C. § 2201 Declaratory Judgment |
| Plaintiff |
Docket Report
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Filing 66
ORDER OF DISMISSAL WITH PREJUDICE: ORDER Dismissing Case as to Party(ies) Barney Rosenzweig - case remains open. (With Prejudice) The Stipulation, ECF No. #21 , is APPROVED.The above-styled case is DISMISSED WITH PREJUDICE as to Defendant Barney Rosenzwieg. The above-styled case shall proceed as to all remaining defendants. Signed by Judge Beth Bloom on 5/12/2023. See attached document for full details. (nan)
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| Filing 65 RESPONSE TO ORDER TO SHOW CAUSE re #63 Order to Show Cause, by Travelers Casualty and Surety Company of America. (Drawas, Jesse) |
| Filing 64 STIPULATION as to Barney Rosenzweig's Agreement to Not Consent Coverage and Joint Stipulation for Dismissal by Travelers Casualty and Surety Company of America (Drawas, Jesse) |
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Filing 63
ORDER TO SHOW CAUSE. Accordingly, it is ORDERED AND ADJUDGED that on or before May 12, 2023, the parties shall comply with the requirements of the Scheduling Order and jointly file a proposed order scheduling mediation. (Show Cause Response due by 5/12/2023). Signed by Judge Beth Bloom on 5/9/2023. See attached document for full details. (nan)
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Filing 62
Order of Dismissal: Approving #61 Stipulation; Dismissing Case with prejudice as to Defendant Shayna Sirkin. Signed by Judge Beth Bloom on 4/25/2023. See attached document for full details. (ls)
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| Filing 61 STIPULATION as to Shayna Sirkin's Agreement to not Contest Coverage and Joint Stipulation for Dismissal by Travelers Casualty and Surety Company of America (Drawas, Jesse) |
| Filing 60 NOTICE of Attorney Appearance by Jason Beau Giller on behalf of Shayna Sirkin. Attorney Jason Beau Giller added to party Shayna Sirkin(pty:dft). (Giller, Jason) |
| Filing 59 Defendant's ANSWER and Affirmative Defenses to Amended Complaint for Declaratory Judgment by Barney Rosenzweig. (Liro, Jacob) |
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Filing 58
ORDER SETTING TRIAL AND PRE-TRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MATTERS TO MAGISTRATE JUDGE: ( Amended Pleadings due by 6/16/2023., Discovery due by 12/26/2023., Expert Discovery due by 12/26/2023., Joinder of Parties due by 6/16/2023., Mediation Deadline 1/9/2024., In Limine Motions due by 4/8/2024., Dispositive Motions due by 1/17/2024., Motions due by 1/17/2024., Pretrial Stipulation due by 4/8/2024., Jury Trial set for 4/22/2024 09:00 AM in Miami Division before Judge Beth Bloom., Calendar Call set for 4/16/2024 01:45 PM before Judge Beth Bloom.), ORDER REFERRING CASE to Mediation. ( Mediation Deadline 1/9/2024.), ORDER REFERRING CASE to Magistrate Judge Alicia M. Otazo-Reyes for Discovery Matters. Signed by Judge Beth Bloom on 4/17/2023. See attached document for full details. (nan) #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 57 ACKNOWLEDGMENT OF SERVICE as to #55 Amended Complaint/Amended Notice of Removal, (S. Sirkin) filed by Travelers Casualty and Surety Company of America. (Drawas, Jesse) |
| Filing 56 Summons Issued as to Shayna Sirkin. (ls) |
| Filing 55 AMENDED COMPLAINT for Declaratory Judgment against All Defendants filed in response to Order Granting Motion for Leave, filed by Travelers Casualty and Surety Company of America. (Attachments: #1 Exhibit A - Affidavit of Non-Service, #2 Exhibit B - Affidavit of Billy Jewell, #3 Exhibit C - Corrected Third Amended Complaint, #4 Exhibit D - Policy, #5 Summon(s) Shayna Sirkin)(Drawas, Jesse) |
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Filing 54
ORDER ON MOTION FOR LEAVE TO FILE AMENDED COMPLAINT AND FOR ADDITIONAL EXTENDED TIME TO SERVE. ORDER granting #53 Motion for Leave to File. Clerks Notice: Filer must separately re-file the amended pleading pursuant to Local Rule 15.1, unless otherwise ordered by the Judge. Plaintiff shall serve Defendant Shayna Sirkin no later than April 26, 2023. Signed by Judge Beth Bloom on 3/27/2023. See attached document for full details. (nan)
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| Filing 53 Plaintiff's MOTION for Leave to File To File Second Amended Complaint And For Additional Extended Time For Service On Sirkin by Travelers Casualty and Surety Company of America. (Attachments: #1 Exhibit 1- Affidavit of Non-Service, #2 Exhibit 2- Affidavit of Billy Jewell, #3 Exhibit 3- Plaintiffs proposed Amended Complaint)(Drawas, Jesse) |
| Filing 52 Defendant's ANSWER and Affirmative Defenses to Complaint for Declaratory Judgment by Barney Rosenzweig. Attorney Jacob J Liro added to party Barney Rosenzweig(pty:dft). (Liro, Jacob) |
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Filing 51
ORDER REOPENING CASE The Clerk is directed to reopen the above captioned case. The case shall proceed as to all remaining Defendants. All deadlines shall remain in place. Signed by Judge Beth Bloom on 2/13/2023. See attached document for full details. (nan)
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| Filing 50 NOTICE by Travelers Casualty and Surety Company of America of Joint Liability (Drawas, Jesse) |
| Filing 48 WAIVER OF SERVICE Returned Executed by Travelers Casualty and Surety Company of America. Barney Rosenzweig waiver sent on 2/10/2023, response/answer due 4/11/2023. (Drawas, Jesse) |
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Filing 49
ORDER Dismissing Case / Closing Case. (Without Prejudice) Signed by Judge Beth Bloom on 2/10/2023. See attached document for full details. (nan)
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| Filing 46 NOTICE of Voluntary Dismissal of Susan Silver by Travelers Casualty and Surety Company of America (Drawas, Jesse) |
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Filing 47
ORDER ON MOTION FOR EXTENSION OF TIME FOR SERVICE OF SIRKIN AND ROSENZWEIG: ORDER granting in part and denying in part #45 Motion for Extension of Time. Plaintiff shall serve Defendants Shayna Sirkin and Barney Rosenzweig no later than March 27, 2023.Within seven (7) days of perfecting service upon Defendants, Plaintiff shall file proof of such service with the Court. Signed by Judge Beth Bloom on 2/8/2023. See attached document for full details. (nan)
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| Filing 45 Plaintiff's MOTION for Extension of Time for Service of SHAYNA SIRKIN and BARNEY ROSENZWEIG by Travelers Casualty and Surety Company of America. Responses due by 2/22/2023 (Drawas, Jesse) |
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Filing 44
ORDER ON DEFAULT JUDGMENT PROCEDURE: Accordingly, it is ORDERED AND ADJUDGED that the Plaintiff must file one of the following two responses by February 13, 2023:(1) Where there is only one Defendant, or where there are multiple Defendants, but no allegations of joint and several liability, and no possibility of inconsistent liability between Defendants, Plaintiff shall file a Motion for Default Final Judgment. (2) Alternatively, where there are multiple Defendants and allegations of joint and several liability, or the possibility of inconsistent liability between Defendants, Plaintiff shall file a Notice of Joint Liability. Signed by Judge Beth Bloom on 1/30/2023. See attached document for full details. (nan) Modified text on 1/31/2023 (nan).
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| Filing 43 Clerk's Entry of Default as to Robert Vole - Motions Terminated: #42 Motion for Clerk's Entry of Default. Signed by DEPUTY CLERK on 1/30/2023. (ls) |
| Filing 42 Plaintiff's MOTION for Clerk's Entry of Default as to Robert Vole by Travelers Casualty and Surety Company of America. (Drawas, Jesse) |
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Filing 41
ORDER ON DEFAULT PROCEDURES. Robert Vole response/answer to complaint due by or before 1/20/2023. Signed by Judge Beth Bloom on 1/13/2023. See attached document for full details. (jas)
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| Filing 40 Plaintiff's Certificate of Other Affiliates/Corporate Disclosure Statement by Travelers Casualty and Surety Company of America identifying Corporate Parent Travelers Property Casualty Corp., Corporate Parent The Travelers Companies, Inc., Corporate Parent Travelers Insurance Group Holdings Inc., Corporate Parent Travelers Casualty and Surety Company for Travelers Casualty and Surety Company of America (Drawas, Jesse) |
| Filing 39 Clerk's Notice to Filer re #38 Certificate of Other Affiliates/Corporate Disclosure Statement. Other Affiliates/Corporate Parents Not Entered; ERROR - The Filer failed to enter all Other Affiliates/Corporate Parents from the Certificate of Other Affiliates/Corporate Disclosure Statement. Filer is instructed to refile their Certificate of Other Affiliates/Corporate Disclosure Statement and enter the missing Other Affiliates/Corp Parents. Note - Other Affiliates/Corporate Parents do not appear on the docket sheet. (ls) |
| Filing 38 Plaintiff's Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Travelers Casualty and Surety Company of America (Drawas, Jesse) |
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Filing 37
Order of Dismissal Approving #36 Stipulation; Dismissing Case with prejudice as to Defendant Elenore Cora Ross. Signed by Judge Beth Bloom on 1/4/2023. See attached document for full details. (ls)
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| Filing 36 STIPULATION as to Elenore Cora Ross' Agreement to Not Contest Coverage and Joint Stipulation for Dismissal by Elenore Cora Ross (Giller, Jason) |
| Filing 35 SUMMONS (Affidavit) Returned Executed on #1 Complaint,,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Travelers Casualty and Surety Company of America. Robert Vole served on 12/22/2022, response/answer due 1/12/2023. (Drawas, Jesse) |
| Filing 34 NOTICE of Attorney Appearance by Jason Beau Giller on behalf of Elenore Cora Ross. Attorney Jason Beau Giller added to party Elenore Cora Ross(pty:dft). (Giller, Jason) |
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Filing 33
Order of Dismissal Approving #27 Stipulation, #28 Stipulation, 29 Stipulation of Dismissal, 31 Stipulation of Dismissal; Dismissing Case with prejudice as to Defendants Mitchell Kendall and Nicole Kendall. Signed by Judge Beth Bloom on 1/3/2023. See attached document for full details. (ls)
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| Filing 32 Clerk's Notice to Filer re #28 Stipulation. Wrong Event Selected; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, see [de#31]. It is not necessary to refile this document. (ls) |
| Filing 31 STIPULATION as to Mitchell Kendall's Agreement to not Contest Coverage and Joint STIPULATION of Dismissal by Travelers Casualty and Surety Company of America (ls)(See Image at DE #28 ) |
| Filing 30 Clerk's Notice to Filer re #27 Stipulation. Wrong Event Selected; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, see [de#29]. It is not necessary to refile this document. (ls) |
| Filing 29 STIPULATION as to Nicole Kendall's Agreement to not Contest Coverage and Joint STIPULATION of Dismissal by Travelers Casualty and Surety Company of America (ls)(See Image at DE #27 ) |
| Filing 28 STIPULATION as to Mitchell Kendall's Agreement to not Contest Coverage and Joint STIPULATION for Dismissal by Micthell Kendall (Giller, Jason) Modified Text on 1/3/2023 (ls). |
| Filing 27 STIPULATION as to Nicole Kendall's Agreement to not Contest Coverage and Joint Stipulation for Dismissal by Nicole Kendall (Giller, Jason) Modified Text on 1/3/2023 (ls). |
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Filing 26
Order of Dismissal Approving re 23 Stipulation of Dismissal, #21 Stipulation; Dismissing Case with prejudice as to Defendant Gerarld Silver. Signed by Judge Beth Bloom on 12/28/2022. See attached document for full details. (ls)
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Filing 25
ORDER on Default Procedures: Requiring Response to Complaint, Nicole Kendall response/answer due 1/4/2023. If Defendant Fails to Respond, Plaintiff's Motion for Entry of Clerk's Default due 1/11/2023. Signed by Judge Beth Bloom on 12/28/2022. See attached document for full details. (ls)
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| Filing 24 Clerk's Notice to Filer re #21 Stipulation. Wrong Event Selected; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, see [de#23]. It is not necessary to refile this document. (ls) |
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Filing 22
Order of Dismissal Approving #19 Stipulation, #18 Stipulation, #20 Stipulation; Dismissing Case with prejudice as to Defendants Susan Shane, Jack Loeb and Ronald Shane. Signed by Judge Beth Bloom on 12/27/2022. See attached document for full details. (ls)
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| Filing 23 STIPULATION as to Gerald Silver's Agreement to not Contest Coverage and Joint Stipulation of Dismissal by Gerarld Silver, Travelers Casualty and Surety Company of America (ls)(See Image at DE #21 ) |
| Filing 21 STIPULATION as to Gerald Silver's Agreement to not Contest Coverage and Joint Stipulation for Dismissal by Travelers Casualty and Surety Company of America (Drawas, Jesse) Modified Text on 12/28/2022 (ls). |
| Filing 20 STIPULATION AS TO JACK LOEBS AGREEMENT TO NOT CONTEST COVERAGE AND JOINT STIPULATION FOR DISMISSAL by Travelers Casualty and Surety Company of America (Drawas, Jesse) |
| Filing 19 STIPULATION AS TO RONALD SHANES AGREEMENT TO NOT CONTEST COVERAGE AND JOINT STIPULATION FOR DISMISSAL by Travelers Casualty and Surety Company of America (Drawas, Jesse) |
| Filing 18 STIPULATION AS TO SUSAN SHANES AGREEMENT TO NOT CONTEST COVERAGE AND JOINT STIPULATION FOR DISMISSAL by Travelers Casualty and Surety Company of America (Drawas, Jesse) |
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Filing 17
ORDER TO FILE PROOF OF SERVICE Signed by Judge Beth Bloom on 12/15/2022. See attached document for full details. (nan)
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| Filing 16 SUMMONS (Affidavit) Returned Executed on #1 Complaint,,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Travelers Casualty and Surety Company of America. Micthell Kendall served on 12/6/2022, response/answer due 12/27/2022. (Drawas, Jesse) |
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Filing 15
ORDER OF DISMISSAL WITH PREJUDICE: Order Dismissing Party Mark Sinnreich and Millinda Sinnreich Signed by Judge Beth Bloom on 12/13/2022. See attached document for full details. (nan)
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Filing 14
ORDER ON DEFAULT PROCEDURES: Accordingly, it is ORDERED AND ADJUDGED that The Defendants who were served on November 19, 2022, must file aresponse to the Complaint by or before December 20, 2022. Signed by Judge Beth Bloom on 12/13/2022. See attached document for full details. (nan)
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| Filing 13 STIPULATION as to Sinnreich's Agreement to Not Consent Coverage and Joint Stipulation for Dismissal by Travelers Casualty and Surety Company of America (Drawas, Jesse) |
| Filing 12 SUMMONS (Affidavit) Returned Executed on #1 Complaint,,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Travelers Casualty and Surety Company of America. Nicole Kendall served on 12/6/2022, response/answer due 12/27/2022. (Drawas, Jesse) |
| Filing 11 SUMMONS (Affidavit) Returned Executed on #1 Complaint,,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Travelers Casualty and Surety Company of America. Jack Loeb served on 11/19/2022, response/answer due 12/12/2022. (Drawas, Jesse) |
| Filing 10 SUMMONS (Affidavit) Returned Executed on #1 Complaint,,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Travelers Casualty and Surety Company of America. Millinda Sinnreich served on 11/19/2022, response/answer due 12/12/2022. (Drawas, Jesse) |
| Filing 9 SUMMONS (Affidavit) Returned Executed on #1 Complaint,,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Travelers Casualty and Surety Company of America. Ronald Shane served on 11/19/2022, response/answer due 12/12/2022. (Drawas, Jesse) |
| Filing 8 SUMMONS (Affidavit) Returned Executed on #1 Complaint,,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Travelers Casualty and Surety Company of America. Susan Shane served on 11/19/2022, response/answer due 12/12/2022. (Drawas, Jesse) |
| Filing 7 SUMMONS (Affidavit) Returned Executed on #1 Complaint,,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Travelers Casualty and Surety Company of America. Mark Sinnreich served on 11/19/2022, response/answer due 12/12/2022. (Drawas, Jesse) |
| Filing 6 NOTICE of Attorney Appearance by Jason Beau Giller on behalf of Gerarld Silver. Attorney Jason Beau Giller added to party Gerarld Silver(pty:dft). (Giller, Jason) |
| Filing 5 NOTICE of Attorney Appearance by Jason Beau Giller on behalf of Jack Loeb, Ronald Shane, Susan Shane. Attorney Jason Beau Giller added to party Jack Loeb(pty:dft), Attorney Jason Beau Giller added to party Ronald Shane(pty:dft), Attorney Jason Beau Giller added to party Susan Shane(pty:dft). (Giller, Jason) |
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Filing 4
ORDER REQUIRING SCHEDULING REPORT AND CERTIFICATES OF INTERESTED PARTIES Signed by Judge Beth Bloom on 11/14/2022. See attached document for full details. (nan)
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| Filing 3 Summons Issued as to Micthell Kendall, Nicole Kendall, Jack Loeb, Barney Rosenzweig, Elenore Cora Ross, Ronald Shane, Susan Shane, Gerarld Silver, Susan Silver, Mark Sinnreich, Millinda Sinnreich, Shayna Sirkin, Robert Vole. (aao) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Beth Bloom. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Alicia M. Otazo-Reyes 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. (aao) |
| Filing 1 COMPLAINT FOR DECLARATORY JUDGMENT against All Defendants. Filing fees $ 402.00 receipt number AFLSDC-16095240, filed by Travelers Casualty and Surety Company of America. (Attachments: #1 Exhibit A -Corrected Third Amended Complaint, #2 Exhibit B-Policy, #3 Civil Cover Sheet Civil Cover Sheet, #4 Summon(s) - BARNEY ROSENZWEIG, #5 Summon(s) - ELENORE CORA ROSS, #6 Summon(s) - GERALD SILVER, #7 Summon(s) - JACK LOEB, #8 Summon(s) - MARK SINNREICH, #9 Summon(s) - MILLINDA SINNREICH, #10 Summon(s) - ROBERT VOLE, #11 Summon(s) - RONALD SHANE, #12 Summon(s) - SHAYNA SIRKIN, #13 Summon(s) - SUSAN SHANE, #14 Summon(s) - SUSAN SILVER, #15 Summon(s) - Mitch Kendall, #16 Summon(s) - NICOLE KENDALL)(Drawas, Jesse) |
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