Swann v. ALLSTATE INSURANCE COMPANY
| Chaunz Swann |
| ALLSTATE INSURANCE COMPANY |
| 1:2024cv23754 |
| September 30, 2024 |
| US District Court for the Southern District of Florida |
| Rodolfo A Ruiz |
| Civil Rights: Jobs |
| 28 U.S.C. ยง 1331 Fed. Question: Employment Discrimination |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on November 22, 2024. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 10
PAPERLESS ORDER on #9 Joint Stipulation and Consent Order ("Joint Stipulation"). On November 15, 2024, the Clerk of Court entered a Clerk's Default against Defendant Allstate Insurance Company for failure to answer Plaintiff's Complaint. See [ECF No. 7]. On November 15, 2024, the Court entered an Order requiring Defendant to file a Motion for Default Judgment on or before December 2, 2024. [ECF No. 8]. On November 22, 2024, the parties filed the Joint Stipulation, indicating that the failure to respond was not willful or intentional and that both parties agree to set aside the default and stay the action to allow the parties to arbitrate their dispute pursuant to their prior arbitration agreement. See [ECF No. 9] at 1-2. The Court "may set aside an entry of default for good cause." Fed. R. Civ. P. 55(c). Although good cause is "not susceptible to a precise formula," Courts may consider factors including "whether the default was culpable or willful, whether setting it aside would prejudice the adversary, … whether the defaulting party presents a meritorious defense[, and] whether the defaulting party acted promptly to correct the default." Sherrard v. Macy's Sys. & Tech. Inc., 724 F. App'x 736, 738 (11th Cir. 2018) (cleaned up). The Eleventh Circuit has made clear that defaults are disfavored given the "strong policy of determining cases on their merits." Id. (quoting In re Worldwide Web Sys., Inc., 328 F.3d 1291, 1295 (11th Cir. 2003)). Here, there is no indication the default was culpable or willful. Setting aside the default would cause no prejudice to Plaintiff as Plaintiff agrees to set aside the default. Should arbitration fail to resolve this matter, Defendant will be required to present a defense on the merits. Defendant promptly moved with Plaintiff to set aside the default within a week of its entry and within the time set by the Court for Plaintiff to move for default judgment. Accordingly, the Court finds good cause under Federal Rule of Civil Procedure 55(c) to set aside the Clerk's Entry of Default. The Clerk's Entry of Default as to Defendant, [ECF No. 7], is hereby VACATED. This matter shall be STAYED and shall remain ADMINISTRATIVELY CLOSED pending arbitration. The parties shall file a status report advising the Court of the status of arbitration every sixty (60) days from the date of this Order. Signed by Judge Rodolfo A. Ruiz, II on 11/22/2024. (jgz)
|
| Filing 9 STIPULATION Joint Stipulation and Consent Order to Vacate Entry of Default and Stay Action to Allow the Parties to Proceed to Arbitration by ALLSTATE INSURANCE COMPANY (Allyn, Taylor) |
|
Filing 8
ORDER Requiring Motion for Default Judgment and Administratively Closing Case. Signed by Judge Rodolfo A. Ruiz, II on 11/15/2024. See attached document for full details. (jgz)
|
| Filing 7 Clerk's Entry of Default as to ALLSTATE INSURANCE COMPANY. - Motions Terminated: #6 Motion for Clerks Entry of Default Signed by DEPUTY CLERK on 11/15/2024. (caw) |
| Filing 6 MOTION for Clerk's Entry of Default as to ALLSTATE INSURANCE COMPANY by Chaunz Swann. (Adan, Elvis) |
| Filing 5 SUMMONS (Affidavit) Returned Executed on #1 Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Chaunz Swann. ALLSTATE INSURANCE COMPANY served on 10/18/2024, response/answer due 11/8/2024. (Adan, Elvis) |
|
Filing 4
ORDER TO PERFECT SERVICE. Failure to file proof of service or show good cause by December 30, 2024, will result in a dismissal without further notice. Signed by Judge Rodolfo A. Ruiz, II, on 10/30/2024. See attached document for full details. (caw)
|
| Filing 3 Summons Issued as to ALLSTATE INSURANCE COMPANY. (ar24) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Rodolfo A. Ruiz, II. 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. (ar24) |
| Filing 1 COMPLAINT against ALLSTATE INSURANCE COMPANY. Filing fees $ 405.00 receipt number AFLSDC-17872322, filed by Chaunz Swann. (Attachments: #1 Summon(s), #2 Civil Cover Sheet)(Adan, Elvis) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Florida Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
| Search for this case: Swann v. ALLSTATE INSURANCE COMPANY | |
|---|---|
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Web | [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ] |
| Plaintiff: Chaunz Swann | |
| Represented By: | Elvis John Adan |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
| Defendant: ALLSTATE INSURANCE COMPANY | |
| Represented By: | Taylor Allyn |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
