Progresive Express Insurance Company v. A.M.S. Logistics LLC et al
| Progresive Express Insurance Company |
| A.M.S. Logistics LLC, Iroel Perez Pineda, Tristian Parish and Mitchell Stern |
| 1:2025cv23028 |
| July 7, 2025 |
| U.S. District Court for the Southern District of Florida |
| Jacqueline Becerra |
| Insurance |
| 28 U.S.C. § 1332 Diversity |
| Defendant |
Docket Report
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This docket was last retrieved on December 26, 2025. A more recent docket listing may be available from PACER.
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| Filing 20 RESPONSE in Opposition re #16 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM filed by Progresive Express Insurance Company. Replies due by 1/5/2026. (Pearlman, Jay) |
Filing 19
PAPERLESS ORDER. THIS CAUSE comes before the Court upon Plaintiff's Unopposed Motion for Extension of Time to Respond to Defendant Mitchell Stern's Motion to Dismiss Complaint for Declaratory Relief (the "Motion"), ECF No. #18 . Upon due consideration of the Motion, the pertinent portions of the record, and for good cause shown, it is hereby ORDERED AND ADJUDGED that the Motion is GRANTED. Plaintiff shall file its response by no later than Friday, December 26, 2025. Signed by Judge Jacqueline Becerra on 12/12/2025. (drn)
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| Filing 18 Plaintiff's MOTION for Extension of Time to Respond to Defendant Mitchell Stern's Motion to Dismiss Complaint for Declaratory Relief re #16 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM by Progresive Express Insurance Company. Responses due by 12/29/2025. (Pearlman, Jay) |
| Filing 17 NOTICE of Attorney Appearance by Brien Vaughn Squires on behalf of Mitchell Stern (Squires, Brien) |
| Filing 16 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM by Mitchell Stern. Attorney Brien Vaughn Squires added to party Mitchell Stern(pty:dft). Responses due by 12/15/2025. (Squires, Brien) |
| Filing 15 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Progresive Express Insurance Company. Mitchell Stern served on 11/7/2025, response/answer due 12/1/2025. (Pearlman, Jay) |
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Filing 14
PAPERLESS ORDER. THIS CAUSE comes before the Court upon Plaintiff's Motion for an Extension of Time to Effect Service of Process on Defendant Mitchell Stern (the "Motion"), ECF No. #13 . Upon due consideration of the Motion, the pertinent portions of the record, and for good cause shown, it is hereby ORDERED AND ADJUDGED that the Motion is GRANTED. Plaintiffs shall file proof of service by no later than Monday, November 17, 2025. Signed by Judge Jacqueline Becerra on 10/20/2025. (drn)
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| Filing 13 Plaintiff's MOTION for Extension of Time to Effect Service of Proccess on Defendant Mitchell Stern by Progresive Express Insurance Company. Attorney Todd Randall Ehrenreich added to party Progresive Express Insurance Company(pty:pla). Responses due by 10/30/2025. (Ehrenreich, Todd) |
| Filing 12 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Progresive Express Insurance Company. Iroel Perez Pineda served on 7/15/2025, response/answer due 8/5/2025. (Pearlman, Jay) |
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Filing 11
PAPERLESS ORDER TO SHOW CAUSE. THIS CAUSE comes before the Court upon a sua sponte review of the record. The Court's Paperless Order Regarding Procedures (the "Order"), ECF No. 3 , requires that, "in the event that a served Defendant does not appear in this action, the Plaintiff(s) shall file a Motion for Clerk's Default within seven days of the deadline for the Defendant to answer." The record reflects that Defendant A.M.S. Logistics LLC was served on July 16, 2025. ECF No. #8 . However, to date, Plaintiff has not filed its Motion for Clerk's Entry of Default or requested an extension of time to do so. Accordingly, Plaintiff is hereby ORDERED to file the motion for Clerk's default by no later than October 16, 2025, or SHOW CAUSE in writing by such date why this action should not be dismissed. Failure to comply with this Order will result in dismissal of this action without prejudice and without further notice. Signed by Judge Jacqueline Becerra on 10/9/2025. (drn)
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Filing 10
PAPERLESS ORDER REGARDING FAILURE TO SERVE DEFENDANT. THIS CAUSE comes before the Court upon a sua sponte examination of the record. Federal Rule of Civil Procedure 4(m) requires service of summons and complaint to be perfected upon defendants within 90 days after the filing of the complaint. Plaintiff filed its original complaint in this action on July 7, 2025. ECF No. #1 . To date, there has been no indication in the court file that Defendants Iroel Perez Pineda and Mitchell Stern have been served with Plaintiff's complaint. Therefore, Plaintiff is hereby ORDERED to file proof of service upon these Defendants by no later than October 16, 2025, or SHOW CAUSE by such date why this action should not be dismissed for failure to perfect service of process. Failure to file proof of service or show good cause by October 16, 2025, will result in a dismissal as to these defendants without prejudice and without further notice. Signed by Judge Jacqueline Becerra on 10/9/2025. (drn)
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| Set Deadline. Show Cause Response due by 10/16/2025. Per De#10 (cds) |
| Filing 9 DEFENDANT TRISTIAN PARISH'S ANSWER TO COMPLAINT FOR DECLARATORY RELIEF, Affirmative Defenses, AND DEMAND FOR JURY TRIAL by Tristian Parish. (gqa) |
| Filing 8 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Progresive Express Insurance Company. A.M.S. Logistics LLC served on 7/16/2025, response/answer due 8/6/2025. (Pearlman, Jay) |
| Filing 7 Summons Issued as to A.M.S. Logistics LLC. (cds) |
| Filing 6 NOTICE of Filing Proposed Summons(es) to A.M.S. Logistics, LLC by Progresive Express Insurance Company re #1 Complaint, filed by Progresive Express Insurance Company (Pearlman, Jay) |
| Filing 5 Summons (Affidavit) Returned Unexecuted by Progresive Express Insurance Company as to A.M.S. Logistics LLC. (Pearlman, Jay) |
| Filing 4 Summons Issued as to A.M.S. Logistics LLC, Tristian Parish, Iroel Perez Pineda, Mitchell Stern. (gqa) |
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Filing 3
PAPERLESS ORDER REGARDING PROCEDURES. The parties shall comply with the following procedures: 1. SERVICE: Federal Rule of Civil Procedure 4(m) requires service of summons and complaint to be perfected upon Defendants within 90 days after the filing of the complaint. Unless service is waived, proof of service must be made to the Court by filing the server's affidavit. If a Defendant waives service, notice of the same shall be filed immediately. Failure to file proof of service or show good cause within 90 days will result in a dismissal without prejudice and without further notice. 2. DEFAULTS: In the event a served Defendant does not appear in this action, the Plaintiff(s) shall file a Motion for Clerk's Default within seven days of the deadline for the Defendant to answer. Extensions of time to answer a pleading must take the form of a motion to the Court. Motions for Final Default Judgment, if applicable, shall be filed within seven days of the entry of a Clerk's Default. Any motions for default final judgment must comply with the Court's Standing Procedures Regarding Motions for Default Final Judgment found at: https://www.flsd.uscourts.gov/sites/flsd/files/JudgeBecerraStandingOrderMotionsforDefaultJudgment.pdf. 3. 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. 4. 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. 5. 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. 6. 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 7/7/2025. (rs01)
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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. (gqa) |
| Filing 1 COMPLAINT against All Defendants. Filing fees $ 405.00 receipt number AFLSDC-18595355, filed by Progresive Express Insurance Company. (Attachments: #1 Exhibit A, #2 Summon(s) AMS Logistics, #3 Summon(s) Iroel Pineda, #4 Summon(s) Mitchell Stern, #5 Summon(s) Tristian Parish, #6 Civil Cover Sheet Civil Cover Sheet)(Pearlman, Jay) |
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