Blanco v. Progressive Express Insurance Company
| MELQUIADES BLANCO |
| Progressive Express Insurance Company |
| 1:2023cv24397 |
| November 17, 2023 |
| US District Court for the Southern District of Florida |
| Jonathan Goodman |
| Kathleen M Williams |
| Motor Vehicle |
| 28 U.S.C. § 1332 Diversity-Notice of Removal |
| Defendant |
Docket Report
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Filing 21
PAPERLESS ORDER. THIS MATTER is before the Court sua sponte. On December 15, 2023, the Court entered the Scheduling Order (DE #17 ) in this matter, which states in relevant part: "Within thirty (30) days of the date of this Order, the Parties shall: (1) select a mediator certified under Local Rule 16.2(b); (2) schedule a time, date, and place for mediation; and (3) jointly file a notice scheduling mediation...."On January 8, 2024, the Parties filed their joint notice scheduling mediation (DE #19 ), designating Robert Flayman as the Mediator. However, it does not appear that Robert Flayman's name is included on the Southern District of Florida's Certified Mediator List, which is available online at #www.flsd.uscourts.gov/mediation.Accordingly, it is ORDERED AND ADJUDGED as follows:On or before Janaury 18, 2024, the Parties shall jointly file a notice on the docket, stating: (1) whether Robert Flayman is certified as a mediator in the Southern District of Florida; (2) if Robert Flayman is certified, why their name does not appear on the Certified Mediator List; and (3) if they are not certified, why the Parties selected an uncertified mediator without first seeking leave of Court to do so.If Robert Flayman is not certified as a mediator in the Southern District of Florida, but the Parties nonetheless intend for Robert Flayman to serve as the Mediator in this matter, they should style the notice as a motion for leave of Court to select an uncertified mediator and attach as an exhibit documentation that establishes Robert Flayman's qualifications to serve as the Mediator in this matter (e.g., a CV or resume).Moving forward, it is imperative that the Parties fully comply with the Federal Rules of Civil Procedure, the Local Rules for the Southern District of Florida, the Court's Practices and Procedures, and all Court orders. Signed by Judge Kathleen M. Williams on 1/12/2024. (er01)
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Filing 20
ORDER ADOPTING REPORT AND RECOMMENDATIONS re #10 Motion to Dismiss filed by Progressive Express Insurance Company, #18 Report and Recommendations. Defendant's Motion (DE #10 ) is GRANTED. Count II of Plaintiff's Complaint (DE 1-1) is DISMISSED WITHOUT PREJUDICE. Certificate of Appealability: No Ruling. Signed by Judge Kathleen M. Williams on 1/11/2024. See attached document for full details. (rbe)
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| Filing 19 NOTICE of Mediation by Progressive Express Insurance Company (Miret, Davin) |
| Filing 18 REPORT AND RECOMMENDATIONS on #10 Defendant's MOTION to Dismiss Count II of Plaintiff's Complaint. Objections to R&R due by 1/10/2024. Signed by Magistrate Judge Jonathan Goodman on 12/27/2023. See attached document for full details. (mkr) |
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Filing 17
SCHEDULING ORDER: Jury Trial set for 12/2/2024 in Miami Division before Judge Kathleen M. Williams. Calendar Call set for 11/26/2024 11:00 AM in Miami Division before Judge Kathleen M. Williams. Signed by Judge Kathleen M. Williams on 12/15/2023. See attached document for full details. (rbe) #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 16 Joint SCHEDULING REPORT - Rule by Progressive Express Insurance Company (Miret, Davin) |
| Filing 15 REPORT REGARDING Joint Conference Report by Progressive Express Insurance Company (Miret, Davin) |
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Filing 14
PAPERLESS ORDER. THIS MATTER is before the Court sua sponte. The Court's November 21, 2023 Order of Referral and Notice of Court Practice in Removal Cases requires, in relevant part, the following: "WITHIN FOURTEEN (14) DAYS from the date of this Order, the Parties shall file a joint conference report and a joint proposed scheduling order, as required by S.D. Fla. Local Rule 16.1(b)." (DE #4 (emphasis added).) On December 5, 2023, Defendant unilaterally filed a Proposed Scheduling Order. (DE #13 .) Defendant's Proposed Scheduling Order does not comply with the Court's November 21, 2023 Order (DE #4 ) or the Local Rules for the Southern District of Florida. Accordingly, it is ORDERED AND ADJUDGED that Defendant's Proposed Scheduling Order (DE #13 ) is STRICKEN. On or before December 8, 2023, the Parties shall file a joint conference report and a joint proposed scheduling order that complies with this Court's orders and the Local Rules. Failure to do so may result in sanctions, including dismissal of this case. Signed by Judge Kathleen M. Williams on 12/6/2023. (er01)
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| Reset Deadlines: Status Report due by 12/8/2023. Per d.e. 14 order. (mee) |
| Filing 13 STRICKEN-Defendant's SCHEDULING REPORT - Rule by Progressive Express Insurance Company (Miret, Davin) Modified on 12/6/2023 (mee). Per d.e. 14 Order. |
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Filing 12
PAPERLESS ORDER REFERRING MOTION. THIS MATTER is before the Court sua sponte. Pursuant to 28 U.S.C. 636 and the Magistrate Rules of the Local Rules for the Southern District of Florida, Defendant's Motion to Dismiss Count II of Plaintiff's Complaint (DE #10 ) is REFERRED to United States Magistrate Judge Jonathan Goodman for a report and recommendation. Signed by Judge Kathleen M. Williams on 12/1/2023. (er01)
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| Filing 11 NOTICE of Filing Copies of All State Court Records by Progressive Express Insurance Company of Filing Copies of All State Court Records (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H) (Miret, Davin) |
| Filing 10 Defendant's MOTION to Dismiss #1 Notice of Removal (State Court Complaint), Count II of Plaintiff's Complaint by Progressive Express Insurance Company. Responses due by 12/15/2023 (Miret, Davin) |
| Filing 9 STATUS REPORT Removal by Progressive Express Insurance Company (Miret, Davin) |
| Filing 8 Certificate of Other Affiliates/Corporate Disclosure Statement by Progressive Express Insurance Company (Miret, Davin) |
| Filing 7 ANSWER and Affirmative Defenses to Complaint with Jury Demand by Progressive Express Insurance Company. (Miret, Davin) |
| Filing 6 NOTICE of Attorney Appearance by Davin Matthew Miret on behalf of Progressive Express Insurance Company. Attorney Davin Matthew Miret added to party Progressive Express Insurance Company(pty:dft). (Miret, Davin) |
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Filing 5
MAGISTRATE JUDGE GOODMAN'S DISCOVERY PROCEDURES ORDER. Signed by Magistrate Judge Jonathan Goodman on 11/29/2023. See attached document for full details. (fbn)
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Filing 4
ORDER OF REFERRAL AND NOTICE OF COURT PRACTICE IN REMOVAL CASES.REFERRING CASE to Magistrate Judge Jonathan Goodman for Discovery and non-dispositive pretrial motions. Notice of Court Practice. Signed by Judge Kathleen M. Williams on 11/21/2023. See attached document for full details. (mee)
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| Filing 3 NOTICE of Attorney Appearance by David Orestes Caballero on behalf of Progressive Express Insurance Company (Caballero, David) |
| 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 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. (rbe) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Complaint for Damages) Filing fee $ 402.00 receipt number AFLSDC-17081618, filed by Progressive Express Insurance Company. No Answer Filed. No Motion To Dismiss Filed. (Attachments: #1 Exhibit A- State Court Complaint, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Caballero, David) Modified text & attachment description on 11/17/2023 (rbe). |
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| Plaintiff: MELQUIADES BLANCO | |
| Represented By: | Scott Ballard Bennett |
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| Defendant: Progressive Express Insurance Company | |
| Represented By: | David Orestes Caballero |
| Represented By: | Davin Matthew Miret |
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