Doral Cay Community Association, Inc. v. Independent Specialty Insurance Company
| Doral Cay Community Association, Inc. |
| Independent Specialty Insurance Company |
| 1:2023cv23668 |
| September 26, 2023 |
| US District Court for the Southern District of Florida |
| Lisette M Reid |
| Kathleen M Williams |
| Other Statutes: Arbitration |
| 28 U.S.C. ยง 1441 Notice of Removal-Breach of Contract |
| Both |
Docket Report
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Filing 15
PAPERLESS ORDER. THIS MATTER is before the Court on the Parties' Joint Stipulation to Stay and Transfer Case to Arbitration (DE #14 ) ("Joint Stipulation"). Section 3 of the Federal Arbitration Act ("FAA") provides: If any suit or proceeding be brought in any of the courts of the United States upon any issue referable to arbitration under an agreement in writing for such arbitration, the court in which such suit is pending, upon being satisfied that the issue involved in such suit or proceeding is referable to arbitration under such an agreement, shall on application of one of the parties stay the trial of the action until such arbitration has been had in accordance with the terms of the agreement, providing the applicant for the stay is not in default in proceeding with such arbitration. 9 U.S.C. 3. "The FAA places arbitration agreements on equal footing with all other contracts and sets forth a clear presumption--a 'national policy'--in favor of arbitration." Parnell v. Cash Call, Inc., 804 F.3d 1142, 1146 (11th Cir. 2015) (citing Buckeye Check Cashing, Inc. v. Cardegna, 546 U.S. 440, 443 (2006)).Having reviewed the Joint Stipulation and the record, the Court finds that a valid arbitration agreement exists and the Parties agree to its enforceability in this action. Accordingly, it is ORDERED AND ADJUDGED that the Parties are COMPELLED TO PROCEED TO ARBITRATION regarding all matters in dispute in compliance with the terms of the agreement. This case is STAYED pending the resolution of the arbitration. All pending motions are DENIED AS MOOT. The Parties shall file a status report WITHIN SEVEN (7) DAYS of the completion of arbitration. This case is CLOSED for administrative purposes. Signed by Judge Kathleen M. Williams on 11/2/2023. (er01)
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| Filing 14 STIPULATION to Stay and Transfer Case to Arbitration by Independent Specialty Insurance Company (Payne, Tahirah) |
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Filing 13
PAPERLESS ORDER TO SHOW CAUSE. THIS MATTER is before the Court sua sponte. On October 17, 2023, Defendant filed a Motion to Compel Arbitration and Stay Litigation (DE #11 ) ("Motion"). Under applicable rules, Plaintiff's response was due on or before October 31, 2023. To date, Plaintiff has not filed a response to the Motion or an extension of time to do so. Accordingly, it is ORDERED AND ADJUDGED that on or before November 6, 2023, Plaintiff shall SHOW CAUSE why Defendant's Motion should not be granted by default. See S.D. Fla. L.R. 7.1(c) ("[E]ach party opposing a motion shall file and serve an opposing memorandum of law no later than fourteen (14) days after service of the motion. Failure to do so may be deemed sufficient cause for granting the motion by default."). Signed by Judge Kathleen M. Williams on 11/1/2023. (er01)
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| Filing 12 Initial Disclosure(s) of Plaintiff's Rule 26 Inital Disclosures by Doral Cay Community Association, Inc. (Grande, Carlos) |
| Filing 11 MOTION to Compel Arbitration and Stay Litigation by Independent Specialty Insurance Company. Responses due by 10/31/2023 (Page, Wesley) |
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Filing 10
SCHEDULING ORDER: Jury Trial set for 11/18/2024 in Miami Division before Judge Kathleen M. Williams. Calendar Call set for 11/12/2024 11:00 AM before Judge Kathleen M. Williams. Signed by Judge Kathleen M. Williams on 10/13/2023. See attached document for full details. (nwn) #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 9 REPORT REGARDING Conferral by Independent Specialty Insurance Company (Payne, Tahirah) |
| Filing 8 NOTICE of Compliance by Independent Specialty Insurance Company re #4 Order Referring Case to Magistrate Judge,, Notice of Court Practice/to Appear/Other, (Page, Wesley) |
| Filing 7 Joint SCHEDULING REPORT - Rule 26(f) by Independent Specialty Insurance Company (Payne, Tahirah) |
| Filing 6 STATUS REPORT by Independent Specialty Insurance Company (Page, Wesley) |
| Filing 5 Insurer's ANSWER and Affirmative Defenses to Complaint and Demand for Arbitration by Independent Specialty Insurance Company. (Page, Wesley) |
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Filing 4
ORDER OF REFERRAL AND NOTICE OF COURT PRACTICE IN REMOVAL CASES. ORDER REFERRING CASE to Magistrate Judge Lisette M. Reid for Pretrial Non-Dispositive Matters. Signed by Judge Kathleen M. Williams on 9/27/2023. See attached document for full details. (nwn)
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| Filing 3 NOTICE of Attorney Appearance by Wesley Christian Page on behalf of Independent Specialty Insurance Company (Page, Wesley) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Kathleen M. Williams. 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. (nwn) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Complaint) Filing fee $ 402.00 receipt number AFLSDC-16947403, filed by Independent Specialty Insurance Company. (Attachments: #1 State Court Complaint & Filings, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Civil Cover Sheet, #13 Docket Sheet)(Page, Wesley) No Answer/Motion To Dismiss Filed. Modified text & attachment description on 9/27/2023 (nwn). |
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