AIG Property Casualty Company v. Tolbert et al
| AIG Property Casualty Company |
| Henri Hubert Tolbert and Sophie Marie Cantor Tolbert |
| 1:2023cv21988 |
| May 30, 2023 |
| US District Court for the Southern District of Florida |
| Jacqueline Becerra |
| K Michael Moore |
| Marine |
| 28 U.S.C. § 1333 Admiralty |
| None |
Docket Report
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This docket was last retrieved on July 24, 2023. A more recent docket listing may be available from PACER.
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| Filing 22 MOTION to Consolidate Cases For Discovery and Trial by AIG Property Casualty Company. Responses due by 8/7/2023 (Mejer, Alvaro) |
| Filing 21 ANSWER and Affirmative Defenses to Complaint by Henri Hubert Tolbert, Sophie Marie Cantor Tolbert. (McAlpin, Richard) |
| Filing 20 NOTICE of Striking #17 Answer to Complaint, filed by Henri Hubert Tolbert, Sophie Marie Cantor Tolbert by Henri Hubert Tolbert, Sophie Marie Cantor Tolbert (McAlpin, Richard) |
| Filing 19 Plaintiff's Corporate Disclosure Statement by AIG Property Casualty Company identifying Corporate Parent AIG Property Casualty, Inc., Corporate Parent AIG Property Casualty U.S., Inc.,, subsidiary of AIG Property Casualty, Inc., subsidiary olf American International Group, Inc., a publicly-held corporation, Corporate Parent American International Group, Inc. for AIG Property Casualty Company (Mejer, Alvaro) |
| Filing 18 Clerk's Notice to Filer re #17 Answer to Complaint,. Login/Signature Block Violation; CORRECTIVE ACTION REQUIRED WITHIN 3 DAYS - The name of attorney e-filing this document via their CM/ECF login does not match the name of attorney on the signature block of the document. The name used for login must match typed name on signature block of the document. This filing is a violation of Section 3J(1) of CM/ECF Admin Procedures and LR 5.1(b). Filer must File a Notice of Striking, then refile document pursuant to CM/ECF Admin Procedures and Local Rules. (cds) |
| Filing 17 (STRICKEN PER DE#20 ) Defendants' ANSWER and Affirmative Defenses to Complaint by Henri Hubert Tolbert, Sophie Marie Cantor Tolbert. Attorney Daniel Scott Marcotte added to party Henri Hubert Tolbert(pty:dft), Attorney Daniel Scott Marcotte added to party Sophie Marie Cantor Tolbert(pty:dft). (Marcotte, Daniel) Modified Text on 7/18/2023 (cds). |
| Filing 16 NOTICE of Attorney Appearance by Richard James McAlpin on behalf of Henri Hubert Tolbert, Sophie Marie Cantor Tolbert. Attorney Richard James McAlpin added to party Henri Hubert Tolbert(pty:dft), Attorney Richard James McAlpin added to party Sophie Marie Cantor Tolbert(pty:dft). (McAlpin, Richard) |
| Filing 15 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint by Henri Hubert Tolbert, Sophie Marie Cantor Tolbert. (Alderman, Jason) |
Filing 14
PAPERLESS ORDER REASSIGNING CASE. PURSUANT to 28 U.S.C. 636(c), Magistrate Judge Rule 1(h) of the Local Rules of the Southern District of Florida, and with the consent of the parties, as stated in the Parties' Joint Motion to Transfer/Reassign Case to Magistrate Judge Becerra #13 , the above-captioned cause is referred entirely to United States Magistrate Judge Jacqueline Becerra to take all necessary and proper action as required by law including, if necessary, a jury or nonjury trial and order entry of final judgment. In the course of conducting any such proceedings, Magistrate Judge Becerra may hear and determine any and all pre-trial and post-trial motions, including case-dispositive motions. Signed by Judge K. Michael Moore on 6/21/2023. (rhr)
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| Filing 13 Joint MOTION to Reassign Case to Magistrate Jacqueline Becerra to Handle All Further Proceedings and Designate as Consent Case by Henri Hubert Tolbert, Sophie Marie Cantor Tolbert. (Alderman, Jason) |
| Filing 12 NOTICE of Attorney Appearance by Jason R. Alderman on behalf of Henri Hubert Tolbert, Sophie Marie Cantor Tolbert. Attorney Jason R. Alderman added to party Henri Hubert Tolbert(pty:dft), Attorney Jason R. Alderman added to party Sophie Marie Cantor Tolbert(pty:dft). (Alderman, Jason) |
| 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 AIG Property Casualty Company. Sophie Marie Cantor Tolbert served on 6/6/2023, response/answer due 6/27/2023. (Mejer, Alvaro) |
| 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 AIG Property Casualty Company. Henri Hubert Tolbert served on 6/6/2023, response/answer due 6/27/2023. (Mejer, Alvaro) |
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Filing 9
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 6/1/2023. (rhr)
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Filing 8
Pretrial OrderPAPERLESS PRETRIAL ORDER. This order has been entered upon the filing of the complaint. Plaintiff's counsel is hereby ORDERED to forward to all defendants, upon receipt of a responsive pleading, a copy of this Order. 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 no later than twenty (20) days after the filing of the first responsive pleading by the last responding defendant, or within sixty (60) days after the filing of the complaint, whichever occurs first. However, if all defendants have not been served by the expiration of this deadline, Plaintiff shall move for an enlargement of time to hold the scheduling conference, not to exceed 90 days from the filing of the Complaint. Within ten (10) days of the scheduling conference, counsel shall file a joint scheduling report. Failure of counsel to file a joint scheduling report within the deadlines set forth above may result in dismissal, default, and the imposition of other sanctions including attorney's fees and costs. The parties should note that the time period for filing a joint scheduling report is not tolled by the filing of any other pleading, such as an amended complaint or Rule 12 motion. 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 possibilities for 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. 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 6/1/2023. (rhr)
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| Filing 7 Summons Issued as to Henri Hubert Tolbert, Sophie Marie Cantor Tolbert. (cds) |
| Filing 6 NOTICE OF FILING PROPOSED SUMMONSES by AIG Property Casualty Company re #1 Complaint Proposed Summonses (Attachments: #1 Summon(s) Proposed Summons, #2 Summon(s) Proposed Summons) (Mejer, Alvaro) Modified Text on 5/30/2023 (cds). |
| Filing 5 Notice of Pending, Refiled, Related or Similar Actions by AIG Property Casualty Company (Mejer, Alvaro) |
| Filing 4 NOTICE by AIG Property Casualty Company Filing Civil Cover Sheet (Mejer, Alvaro) |
| Filing 3 Clerk's Notice to Filer re: Electronic Case. No Civil Cover Sheet. Filer is instructed to file a Notice (Other) with the Civil Cover Sheet attached within 24 hours of the notice. (nwn) |
| 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. (nwn) |
| Filing 1 COMPLAINT against Henri Tolbert, Sophie Marie Cantor Tolbert. Filing fees $ 402.00 receipt number AFLSDC-16652546, filed by AIG Property Casualty Company.(Mejer, Alvaro) |
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