PG Restoration Company v. United Specialty Insurance Company et al
| PG Restoration Company |
| United Specialty Insurance Company, Colony Insurance Company and Virginia Oaks Condominium Association, Inc. |
| 1:2023cv23011 |
| August 9, 2023 |
| US District Court for the Southern District of Florida |
| Roy K Altman |
| Lisette M Reid |
| Insurance |
| 28 U.S.C. § 1441 Notice of Removal-Breach of Contract |
| Plaintiff |
Docket Report
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| Filing 37 RESPONSE to #30 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint),, FOR FAILURE TO STATE A CLAIM by PG Restoration Company. (Brockmeyer, Alexander) |
Filing 36
ORDER SCHEDULING MEDIATION: Mediation Hearing set for 2/29/2024 10:00 AM via Zoom or similar videoconferencing technology before John S. Freud. Within THREE DAYS of the mediation, the parties shall file a joint mediation report with the Court. Failure to comply with this order may result in sanctions, including dismissal without prejudice and without further notice. Signed by Judge Roy K. Altman on 9/21/2023. See attached document for full details. (wce)
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| Filing 35 Joint NOTICE of Mediator Selection and Hearing. Selected/Added John S. Freud as Mediator. Mediation Hearing set for 2/29/2024 at 10:00 a.m.. (Attachments: #1 Exhibit Exhibit A - Order Scheduling Mediation)(Brockmeyer, Alexander) |
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Filing 34
PAPERLESS ORDER granting #33 Joint Motion for Extension of Time to File Proposed Order Scheduling Mediation. By September 20, 2023, the parties shall select a mediator in accordance with Local Rule 16.2; schedule a time, date, and place for mediation; and jointly file a proposed order scheduling mediation in the form specified on the Court's website, http://www.flsd.uscourts.gov. Signed by Judge Roy K. Altman on 9/14/2023. (tbr)
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| Filing 33 Joint MOTION for Extension of Time to File Proposed Order Scheduling Mediation re #27 Scheduling Order,,,,, Order Referring Case to Mediation,,,,, Order Referring Case to Magistrate Judge,,,, by PG Restoration Company. Responses due by 9/27/2023 (Attachments: #1 Exhibit Order Granting Joint Motion for Extension of Time to File Proposed Order Scheduling Mediation)(Smith, Stephen) |
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Filing 32
PAPERLESS ORDER granting #31 the Plaintiff's Unopposed Motion for Extension of Time. The Plaintiff must file its response to the Defendant's Motion to Dismiss Count IV of the Plaintiff's First Amended Complaint #30 by October 3, 2023. Signed by Judge Roy K. Altman on 9/11/2023. (tbr)
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| Filing 31 Unopposed MOTION for Extension of Time to Respond to Defendant, Colony Insurance Company's, Motion to Dismiss Count IV of Plaintiff's First Amended Complaint for Declaratory Relief re #30 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint),, FOR FAILURE TO STATE A CLAIM by PG Restoration Company. Responses due by 9/25/2023 (Attachments: #1 Exhibit Proposed Order)(Smith, Stephen) |
| Filing 30 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint),, FOR FAILURE TO STATE A CLAIM by Colony Insurance Company. Responses due by 9/19/2023 (Kosches, Jordan) |
| Filing 29 NOTICE of Attorney Appearance by Jordan Scott Kosches on behalf of Colony Insurance Company. Attorney Jordan Scott Kosches added to party Colony Insurance Company(pty:dft). (Kosches, Jordan) |
| Filing 28 Certificate of Other Affiliates/Corporate Disclosure Statement and Certificate of Interested Persons by Colony Insurance Company identifying Corporate Parent Argonaut Insurance Company, Other Affiliate Argo Group International Holdings, Ltd. for Colony Insurance Company (Gaines, Jonathan) |
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Filing 27
ORDER SETTING TRIAL AND PRE-TRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MATTERS TO MAGISTRATE JUDGE: ( Jury Trial set for 7/29/2024 in Miami Division before Judge Roy K. Altman., Calendar Call set for 7/23/2024 01:45 PM in Miami Division before Judge Roy K. Altman., Amended Pleadings due by 10/11/2023., Discovery due by 4/2/2024., Expert Discovery due by 4/2/2024., Joinder of Parties due by 10/11/2023., Mediation Deadline 4/16/2024., In Limine Motions due by 6/24/2024., Dispositive Motions due by 4/24/2024., Motions due by 4/24/2024., Pretrial Stipulation due by 7/15/2024.), ORDER REFERRING CASE to Mediation. ( Mediation Deadline 4/16/2024.), ORDER REFERRING CASE to Magistrate Judge Lisette M. Reid on all pretrial non-dispositive and discovery matters. Signed by Judge Roy K. Altman on 8/25/2023. 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 26 Joint SCHEDULING REPORT - Rule 16.1 by PG Restoration Company (Attachments: #1 Exhibit Joint Proposed Scheduling Order)(Brockmeyer, Alexander) |
| Filing 25 Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by PG Restoration Company (Brockmeyer, Alexander) |
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Filing 24
PAPERLESS ORDER granting #22 the Motion to Set Aside the Clerk's Entry of Default [ECF No. 16] as to the Defendant Colony Insurance Company. The Clerk of Court is directed to VACATE the entry of default as to this Defendant. Colony Insurance must respond to the Complaint [ECF No. 1-2] by September 5, 2023. Signed by Judge Roy K. Altman on 8/22/2023. (mg01)
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| Filing 23 NOTICE of Attorney Appearance by Jonathan L. Gaines on behalf of Colony Insurance Company. Attorney Jonathan L. Gaines added to party Colony Insurance Company(pty:dft). (Gaines, Jonathan) |
| Filing 22 Unopposed MOTION to Set Aside Default and Incorporated Memorandum of Law by Colony Insurance Company. (Attachments: #1 Exhibit A)(Reiter, Jack) |
| Filing 21 NOTICE of Attorney Appearance by Jack Roy Reiter on behalf of Colony Insurance Company. Attorney Jack Roy Reiter added to party Colony Insurance Company(pty:dft). (Reiter, Jack) |
| Filing 20 NOTICE by PG Restoration Company re 18 Order to Show Cause,, (Brockmeyer, Alexander) |
| Set/Reset Response/Answer Due Deadline per order DE#24: Colony Insurance Company response/answer due 9/5/2023. (drz) |
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Filing 19
ORDER on Default Final Judgment Procedure: re #16 Clerk's Entry/Non-Entry of Default, Signed by Judge Roy K. Altman on 8/21/2023. See attached document for full details. (pc)
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Filing 18
PAPERLESS ORDER TO SHOW CAUSE. In the Complaint [ECF No. 1-2], the Plaintiff names three Defendants: United Specialty Insurance Company; Colony Insurance Company; and Virginia Oaks Condominium Association, Inc. But the Plaintiff hasn't asserted any claims against Virginia Oaks. See id. at 4-9 (asserting only two claims against United Specialty and two claims against Colony). By August 22, 2023, therefore, the Plaintiff must file a notice on the docket explaining why we shouldn't dismiss Virginia Oaks from this case. Signed by Judge Roy K. Altman on 8/21/2023. (mg01)
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| Filing 17 STATUS REPORT Defendant United Specialty Insurance Company's Removal Status Report by United Specialty Insurance Company (Davis, Taylor) |
| Filing 16 Vacated per Order DE#24-Clerk's Entry of Default as to Colony Insurance Company - Motions Terminated: #14 Motion for Clerks Entry of Default Signed by DEPUTY CLERK on 8/18/2023. (drz) Modified text on 8/22/2023 (drz). |
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Filing 15
PAPERLESS ORDER denying as moot #12 the Motion for Clerk's Entry of Default in light of the Amended Motion for Clerk's Entry of Default [ECF No. 14]. Signed by Judge Roy K. Altman on 8/18/2023. (mg01)
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| Filing 14 Amended MOTION for Clerk's Entry of Default as to Colony Insurance Company by PG Restoration Company. (Brockmeyer, Alexander) |
| Filing 13 CERTIFICATE OF SERVICE by United Specialty Insurance Company re #6 Order Requiring Joint Scheduling Report, Status Report Order, #5 Order in Cases With Multiple Defendants (Davis, Taylor) |
| Filing 12 MOTION for Clerk's Entry of Default as to Colony Insurance Company by PG Restoration Company. (Brockmeyer, Alexander) |
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Filing 11
PAPERLESS ORDER directing the Plaintiff to move for entry of clerk's default against the Defendant, Colony Insurance Company, by August 17, 2023. Failure to file within the specified time may result in dismissal of this Defendant without prejudice and without further notice. Signed by Judge Roy K. Altman on 8/16/2023. (mg01)
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| Filing 10 SUMMONS (Affidavit) Returned Executed on #1 Notice of Removal (State Court Complaint),, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by PG Restoration Company. Virginia Oaks Condominium Association, Inc. served on 7/25/2023, response/answer due 8/15/2023. (Brockmeyer, Alexander) |
| Filing 9 SUMMONS (Affidavit) Returned Executed on #1 Notice of Removal (State Court Complaint),, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by PG Restoration Company. United Specialty Insurance Company served on 7/20/2023, response/answer due 8/10/2023. (Brockmeyer, Alexander) |
| Filing 8 SUMMONS (Affidavit) Returned Executed on #1 Notice of Removal (State Court Complaint),, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by PG Restoration Company. Colony Insurance Company served on 7/20/2023, response/answer due 8/10/2023. (Brockmeyer, Alexander) |
| Filing 7 Virginia Oaks Condominium Association ANSWER to Complaint by Virginia Oaks Condominium Association, Inc.. Attorney Patrick John Goggins added to party Virginia Oaks Condominium Association, Inc. (pty:dft). (Goggins, Patrick) |
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Filing 6
ORDER REQUIRING REMOVAL STATUS REPORT AND JOINT SCHEDULING REPORT: (Status Report due by 8/18/2023.) (Joint Scheduling Report due by 8/25/2023) Signed by Judge Roy K. Altman on 8/14/2023. See attached document for full details. (pc)
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Filing 5
Order in Cases with Multiple Defendants. Signed by Judge Roy K. Altman on 8/14/2023. See attached document for full details. (pc)
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| Filing 4 Corporate Disclosure Statement by United Specialty Insurance Company identifying Corporate Parent State National Insurance Company, Inc., Corporate Parent Markel Group Inc. for United Specialty Insurance Company (Davis, Taylor) |
| Filing 3 ANSWER and Affirmative Defenses to Complaint re the Notice of Removal Defendant United Specialty Insurance Company's Answer to Plaintiff's First Amended Complaint for Declaratory Relief and Demand for Jury Trial by United Specialty Insurance Company. (Davis, Taylor) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Roy K. Altman and Magistrate Judge Lisette M. Reid. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Lisette M. Reid 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. (pc) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - First Amended Complaint for Declaratory Relief and Demand for Jury Trial) Filing fee $ 402.00 receipt number AFLSDC-16830466, filed by United Specialty Insurance Company. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A - First Amended Complaint for Declaratory Relief and Demand for Jury Trial, #3 Exhibit B - State Court Pleadings, #4 Exhibit C - Affidavit in Support of Notice of Removal)(Davis, Taylor) (Amended Complaint see pg. 2 of Exh.A, no Answer/Motion to Dismiss filed) Modified text on 8/10/2023 (pc). |
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