Rodriguez et al v. Scottsdale Insurance Company
| Segundo Y. Leyva Rodriguez, Milagros Pedraza and Cesar Torres Nimer |
| Scottsdale Insurance Company |
| 1:2025cv22563 |
| June 5, 2025 |
| U.S. District Court for the Southern District of Florida |
| Jacqueline Becerra |
| Edwin G Torres |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Notice of Removal |
| Both |
Docket Report
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This docket was last retrieved on August 27, 2025. A more recent docket listing may be available from PACER.
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Filing 14
ORDER DISMISSING CASE WITHOUT PREJUDICE granting DE #6 Motion to Dismiss for Failure to State a Claim. The Clerk of the Court is instructed to CLOSE the case. Signed by Judge Jacqueline Becerra on 8/27/2025. See attached document for full details. (cwc)
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Filing 13
Administrative Order Setting Discovery Procedure Signed by Magistrate Judge Edwin G. Torres on 8/27/2025. See attached document for full details. (jep)
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Filing 12
PAPERLESS ORDER TO SHOW CAUSE. THIS CAUSE is before the Court upon sua sponte review of the record. Plaintiff's response to Defendant's Motion to Dismiss was due on June 24, 2025. However, to date, Plaintiff has not filed his response or requested an extension of time to do so. Accordingly, Plaintiff shall file his response to the Motion to Dismiss no later than August 18, 2025 or SHOW CAUSE in writing by such date why the Motion to Dismiss should not be granted. Failure to comply with result in the dismissal of this action without prejudice and without further notice. Signed by Judge Jacqueline Becerra on 8/14/2025. (nsy)
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Filing 11
ORDER SETTING TRIAL, CALENDAR CALL, REFERENCE TO MAGISTRATE JUDGE, PRETRIAL DEADLINES, AND PRETRIAL PROCEDURES: ( Jury Trial set for 8/10/2026 09:30 AM in Miami Division before Judge Jacqueline Becerra., Calendar Call set for 8/4/2026 10:00 AM in Miami Division before Judge Jacqueline Becerra.), ORDER REFERRING CASE to Ch. Magistrate Judge Edwin G. Torres for Discovery Matters. Signed by Judge Jacqueline Becerra on 6/27/2025. See attached document for full details. (cwc) #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 10 Corrected Certificate of Other Affiliates/Corporate Disclosure Statement to comply with Notice from Clerk by Scottsdale Insurance Company identifying Corporate Parent Nationwide Mutual Insurance Company for Scottsdale Insurance Company (Andrews, Alysa) |
| Filing 9 SUPPLEMENT to 3 Order,,,,,,,,,,,,,, Proposed Joint Scheduling Order prepared by parties by Scottsdale Insurance Company (Andrews, Alysa) |
| Filing 8 Clerk's Notice to Filer re #7 Notice (Other). Other Affiliates/Corporate Parents Not Entered; ERROR - The Filer failed to enter all Other Affiliates/Corporate Parents from the Certificate of Other Affiliates/Corporate Disclosure Statement. Filer is instructed to refile their Certificate of Other Affiliates/Corporate Disclosure Statement and enter the missing Other Affiliates/Corp Parents. Note - Other Affiliates/Corporate Parents do not appear on the docket sheet. (drz) |
| Filing 7 Defendant's NOTICE Certificate of Interested Parties and Corporate Disclosure Statement by Scottsdale Insurance Company re 3 Order,,,,,,,,,,,,,, (Andrews, Alysa) |
| Filing 6 Defendant's MOTION TO DISMISS #4 Notice (Other), FOR FAILURE TO STATE A CLAIM and Statute of Limitations by Scottsdale Insurance Company. Responses due by 6/24/2025. (Rock, Andrew) |
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Filing 5
PAPERLESS ORDER. THIS CAUSE is before the Court upon sua sponte review of the record. If Defendant intends to litigate the Motion to Dismiss previously filed in the underlying state court action, ECF No. [1-4], it must refile the Motion in this case as a separate docket entry no later than June 12, 2025. Signed by Judge Jacqueline Becerra on 6/10/2025. (nsy)
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| Filing 4 Defendant's NOTICE of Filing Proposed Order re Def's MTD Plaintiff's Complaint by Scottsdale Insurance Company re #1 Notice of Removal (State Court Complaint), (Attachments: #1 Text of Proposed Order proposed order re Def's MTD (Doc 1-4)) (Rock, Andrew) |
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Filing 3
PAPERLESS ORDER REGARDING PROCEDURES. The parties shall comply with the following procedures: 1.CERTIFICATE OF INTERESTED PARTIES: Within fifteen days from the date the last Defendant enters an appearance in this action, the parties, including governmental parties, must file Certificates of Interested Parties and Corporate Disclosure Statements that contain a complete list of persons, associated persons, firms, partnerships, or corporations that have a financial interest in the outcome of this case, including subsidiaries, conglomerates, affiliates, parent corporations, and other identifiable legal entities related to a party. The parties must not include the undersigned or the assigned Magistrate Judge as interested parties unless they have an interest in the litigation. Throughout the pendency of the action, the parties are under a continuing obligation to amend, correct, and update the Certificates. 2. JOINT SCHEDULING REPORTS: Within twenty days from the date the last Defendant enters an appearance in this action, the parties are directed to prepare and file a Joint Scheduling Report as required by Local Rule 16.1. Disclosures required under Fed. R. Civ. P. 26(a)(l) must be made at or before the time the parties confer to develop their case management and discovery plan. The parties must certify in the Joint Scheduling Report that such disclosures have been made unless a party files an objection to a required disclosure. Such filed objection must include a full explanation of the basis for the objection. The scheduling conference may be held via video conference or in person. It may not be held by telephone. In drafting their Joint Proposed Scheduling Order, the parties shall utilize the Court's Template Scheduling Order, found at https://www.flsd.uscourts.gov/sites/flsd/files/TemplateSchedulingOrder.pdf. Any deviation from the guidelines set forth in the Court's Template Scheduling Order or those proposed by the Local Rules must be noted in the Joint Scheduling Report along with an explanation for why any deviation is being proposed. Failure to articulate the reason(s) for any deviation from the guidelines set forth in the Court's Template Scheduling Order may result in the Court setting pre-trial deadlines and/or a trial date without regard to those proposed by the parties. 3. FILING OF MOTIONS: All filings must be in a 12-point font and double spaced. Single spacing is only permitted for footnotes. The required conferral under Local Rule 7.1 must be by telephone or in person. An e-mail conferral will only be permitted if counsel are in agreement as to the relief sought in the motion. 4. EXTENSIONS OF TIME: Requests for extensions of time, including unopposed motions, will only be granted by the Court upon an appropriate motion showing good cause why the deadline cannot be met. Absent an emergency, motions for extensions of time must be filed no later than three business days prior to the deadline from which relief is being sought. All requests for extensions of time must include: (1) the conferral statement required under Local Rule 7.1; (2) a list of any prior motions for extension of time; (3) a specific statement regarding the circumstances necessitating the requested relief; and (4) a statement as to whether the request impacts the deadline to file a dispositive motion or trial date. Signed by Judge Jacqueline Becerra on 6/5/2025. (nsy)
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| Filing 2 Clerks Notice of Judge Assignment to Judge Jacqueline Becerra. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Edwin G. Torres 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. (cwc) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Complaint) Filing fee $ 405.00 receipt number AFLSDC-18506606, filed by Scottsdale Insurance Company. (Attachments: #1 Civil Cover Sheet, #2 Exhibit Copies of All Process, #3 Exhibit - State Court Cover Sheet/Complaint, #4 Exhibit - State Court Defendant Motion to Dismiss, #5 Exhibit Def's NOF in Support)(Rock, Andrew) (Motion to Dismiss filed in document 1-4 pgs 1-7) Text Modified on 6/5/2025 (cwc). |
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