Maccio v. Kerins
| Susan Maccio |
| Kimberly R Kerins |
| 2:2017cv14300 |
| August 22, 2017 |
| US District Court for the Southern District of Florida |
| Ft Pierce Office |
| Martin (Office: Ft Pierce) |
| Shaniek M Maynard |
| Robin L Rosenberg |
| Motor Vehicle |
| 28 U.S.C. § 1441 Notice of Removal-Auto Negligence |
| Defendant |
Docket Report
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This docket was last retrieved on March 12, 2018. A more recent docket listing may be available from PACER.
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| Filing 36 STIPULATION of Dismissal With Prejudice by Susan Maccio (Eriksen, Michael) |
| Filing 34 FINAL MEDIATION REPORT by RGRomano. Disposition: Settled in full.(Romano, Rodney) |
Filing 35
ORDER DISMISSING CASE. This case is STAYED. All pending motions are DENIED AS MOOT. All hearngs are CANCELLED. Closing Case. Motions terminated: #20 Plaintiff's MOTION in Limine (Daubert) to Limit the Testimony of Defendant's Orthopedic Expert, Michael Zeide, M.D., Memorandum of Law and Local Rule 7.1(a)(3) Statement filed by Susan Maccio, #21 Plaintiff's MOTION in Limine (Daubert) to Limit or Exclude the Testimony of Defendant's Radiology Expert, Henry Pevsner, M.D.; Memorandum of Law; and Local Rule 7.1(a)(3) Statement filed by Susan Maccio. Signed by Judge Robin L. Rosenberg on 2/12/2018. (lk) NOTICE: If there are sealed documents in this case, they may be unsealed after 1 year or as directed by Court Order, unless they have been designated to be permanently sealed. See Local Rule 5.4 and Administrative Order 2014-69.
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| Filing 33 NOTICE of Settlement by Susan Maccio (Eriksen, Michael) |
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Filing 32
PAPERLESS ORDER. The Court notes that parties had mediation scheduled for 2/2/18. See DE 7. By 2/12/18, the parties shall inform the Court of the outcome of mediation. Signed by Judge Robin L. Rosenberg on 2/9/2018. (ege)
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Filing 31
ORDER denying #24 Motion to Compel. Signed by Magistrate Judge Shaniek M. Maynard on 2/6/2018. (ip00)
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| Filing 30 RESPONSE in Opposition re #21 Plaintiff's MOTION in Limine (Daubert) to Limit or Exclude the Testimony of Defendant's Radiology Expert, Henry Pevsner, M.D.; Memorandum of Law; and Local Rule 7.1(a)(3) Statement filed by Kimberly R Kerins. Replies due by 2/13/2018. (Attachments: #1 Exhibit, #2 Exhibit)(DeLong, Patrick) |
| Filing 29 NOTICE by Susan Maccio Plaintiff's FRE 807 Notice of Intent to Offer Hearsay Statements (Eriksen, Michael) |
| Filing 28 RESPONSE in Opposition re #20 Plaintiff's MOTION in Limine (Daubert) to Limit the Testimony of Defendant's Orthopedic Expert, Michael Zeide, M.D., Memorandum of Law and Local Rule 7.1(a)(3) Statement filed by Kimberly R Kerins. Replies due by 2/13/2018. (Attachments: #1 Exhibit, #2 Exhibit, #3 Affidavit, #4 Exhibit)(DeLong, Patrick) |
| Filing 27 REPLY to Response to Motion re #24 Plaintiff's MOTION to Compel Discovery from Defendant and Its Radiology Expert, Henry Pevsner, M.D.; Memorandum of Law; and L.R. 7.1(a)(3) Statement filed by Susan Maccio. (Attachments: #1 Exhibit Excerpts Pevsner Depo)(Eriksen, Michael) |
| Filing 26 RESPONSE in Opposition re #24 Plaintiff's MOTION to Compel Discovery from Defendant and Its Radiology Expert, Henry Pevsner, M.D.; Memorandum of Law; and L.R. 7.1(a)(3) Statement filed by Kimberly R Kerins. Replies due by 2/9/2018. (DeLong, Patrick) |
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Filing 25
PAPERLESS ORDER Creating Expedited Briefing Schedule. Defendant's Response to #24 Plaintiff's Motion to Compel is due by 2/2/2018. Plaintiff's Reply is due by 2/5/2018. Signed by Magistrate Judge Shaniek M. Maynard on 1/31/2018. (mm00)
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| Filing 24 Plaintiff's MOTION to Compel Discovery from Defendant and Its Radiology Expert, Henry Pevsner, M.D.; Memorandum of Law; and L.R. 7.1(a)(3) Statement by Susan Maccio. Responses due by 2/14/2018 (Attachments: #1 Exhibit Excerpt of Dr. Pevsner, #2 Text of Proposed Order)(Eriksen, Michael) |
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Filing 23
PAPERLESS ORDER granting #22 Defendant's Motion for extension of time to file response to Plaintiff's Motions in Liminie at docket entries #20 and #21 . Responses due by 2/6/2018. Replies due by 2/13/2018. Signed by Judge Robin L. Rosenberg on 1/26/2018. (ege)
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| Filing 22 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #20 Plaintiff's MOTION in Limine (Daubert) to Limit the Testimony of Defendant's Orthopedic Expert, Michael Zeide, M.D., Memorandum of Law and Local Rule 7.1(a)(3) Statement, #21 Plaintiff's MOTION in Limine (Daubert) to Limit or Exclude the Testimony of Defendant's Radiology Expert, Henry Pevsner, M.D.; Memorandum of Law; and Local Rule 7.1(a)(3) Statement by Kimberly R Kerins. (DeLong, Patrick) |
| Filing 21 Plaintiff's MOTION in Limine (Daubert) to Limit or Exclude the Testimony of Defendant's Radiology Expert, Henry Pevsner, M.D.; Memorandum of Law; and Local Rule 7.1(a)(3) Statement by Susan Maccio. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Eriksen, Michael) |
| Filing 20 Plaintiff's MOTION in Limine (Daubert) to Limit the Testimony of Defendant's Orthopedic Expert, Michael Zeide, M.D., Memorandum of Law and Local Rule 7.1(a)(3) Statement by Susan Maccio. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Eriksen, Michael) |
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Filing 19
PAPERLESS ORDER denying #18 Joint Motion for Extension of Time to File Pretrial Motions, Including Summary Judgment, Daubert Motions, and Motions in Limine. In its Order Setting Status Conference, Calendar Call, Pretrial Deadlines, and Trial Date, the Court stated that "[p]rovided that all parties are in agreement, any pretrial deadline(s) prior to the deadline for the filing for dispositive motions may be modified without Court order by filing a joint notice indicating the new pretrial deadline(s) reached by agreement. A motion need not be filed. If the parties elect to modify deadlines by agreement, the parties should not anticipate that the Court will modify other deadlines as a result of any possible prejudice to the parties.... The parties are cautioned that the Court will not grant continuances of the dispositive motion deadline or trial date lightly." DE 5 at 4. The parties in this case followed the procedure and extended the deadlines for completion of fact and expert discovery until February 15, 2018, DE 17, from December 18, 2017 and December 29, 2017, respectively, DE 5 at 3. The parties now seek to move the dispositive motions deadline based on their inability to complete expert discovery prior to the deadline for the parties to file dispositive and Daubert motions. As the Court cautioned, it will not move the deadline for dispositive motions lightly and it declines to do so in this case. Granting such an extension would put the Court in an untenable position to be able to timely rule on the motions with enough time prior to trial. Any dispositive motions or Daubert motions are due on January 16, 2018, as set in the Court's scheduling order. DE 4 at 3. The Court also notes that this motion for extension of time to file dispositive and Daubert motions was filed on the date of the deadline. Signed by Judge Robin L. Rosenberg on 1/16/2018. (ege)
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| Filing 18 Joint MOTION for Extension of Time to File Pretrial Motions, Including Summary Judgment, Daubert Motions and Motions in Limine by Susan Maccio. Responses due by 1/30/2018 (Attachments: #1 Text of Proposed Order)(Eriksen, Michael) |
| Filing 17 NOTICE by Susan Maccio of Extending Pre-Trial Deadlines for Completion of Fact and Expert Discovery (Eriksen, Michael) |
| Filing 16 Witness List of Expert Witness and Disclosure by Kimberly R Kerins.. (DeLong, Patrick) |
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Filing 15
PAPERLESS ORDER granting #10 Defendant's Motion for Leave of Court to Permit the Claims Representative of Defendant's Excess Insurer to Attend Mediation by Telephone. Signed by Judge Robin L. Rosenberg on 12/20/2017. (ege)
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| Filing 14 REPLY to Response to Motion re #10 Defendant's MOTION Motion for Leave to Attend Mediation by telephone filed by Kimberly R Kerins. (DeLong, Patrick) |
| Filing 13 RESPONSE in Opposition re #10 Defendant's MOTION Motion for Leave to Attend Mediation by telephone filed by Susan Maccio. Replies due by 12/22/2017. (Eriksen, Michael) |
| Set/Reset Deadlines/Hearings as per DE 11 re #10 Defendant's MOTION Motion for Leave to Attend Mediation by telephone . Responses due by 12/18/2017. Replies due by 12/20/2017. (lk) |
| Filing 12 NOTICE by Kimberly R Kerins re #5 Scheduling Order,,,, Order Referring Case to Magistrate Judge,,, Notice Extending Defendant's Expert Disclosure Deadline (DeLong, Patrick) |
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Filing 11
PAPERLESS ORDER EXPEDITING BRIEFING. Plaintiff shall respond by 12/18/17 to #10 Defendant's Motion for Leave of Court to Permit the Claims Representative of Defendant's Excess Insurer to Attend Mediation by Telephone. Defendant shall reply by 12/20/17. Signed by Judge Robin L. Rosenberg on 12/14/2017. (ege)
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| Filing 10 Defendant's MOTION Motion for Leave to Attend Mediation by telephone by Kimberly R Kerins. (DeLong, Patrick) |
| Filing 9 Witness List (Expert Disclosure) by Susan Maccio.. (Eriksen, Michael) |
| Filing 8 NOTICE by Kimberly R Kerins re #5 Scheduling Order, Order Referring Case to Judge,,,,,, Extending Pretrial Deadlines for Joinder of Additional Parties & Amendment of Pleadings, Expert Witness Disclsoures, Rebuttal/Responsive Expert Wintess Disclosures, Fact Discovery, and Expert Discovery (DeLong, Patrick) |
| Filing 7 NOTICE of Mediator Selection and Hearing. Added Rodney G Romano. Mediation Hearing set for 2/2/2018 at 9:00 a.m.. (Eriksen, Michael) |
| Filing 6 NOTICE of Attorney Appearance by Patrick Michael DeLong on behalf of Kimberly R Kerins. Attorney Patrick Michael DeLong added to party Kimberly R Kerins(pty:dft). (DeLong, Patrick) |
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Filing 5
SCHEDULING ORDER: ( Status Conference set for 3/14/2018 09:30 AM before Judge Robin L. Rosenberg., Jury Trial set for 4/16/2018 09:00 AM in West Palm Beach Division before Judge Robin L. Rosenberg., Calendar Call set for 4/11/2018 09:00 AM before Judge Robin L. Rosenberg., Amended Pleadings due by 11/20/2017., Expert Discovery due by 12/29/2017., Fact Discovery due by 12/18/2017., Joinder of Parties due by 11/20/2017., Mediation Deadline 2/16/2018., In Limine Motions due by 1/16/2018., Motions due by 1/16/2018., Pretrial Stipulation due by 3/16/2018.), ORDER REFERRING CASE to Magistrate Judge Shaniek Maynard for Discovery Matters. Signed by Judge Robin L. Rosenberg on 9/19/2017. (ls) #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 4 NOTICE of Attorney Appearance by Michael D Eriksen on behalf of Susan Maccio. Attorney Michael D Eriksen added to party Susan Maccio(pty:pla). (Eriksen, Michael) |
| Filing 3 ANSWER and Affirmative Defenses to Complaint re the Notice of Removal with Jury Demand by Kimberly R Kerins. (Nash, Alan) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Robin L. Rosenberg and Magistrate Judge Shaniek M. Maynard. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Shaniek M. Maynard 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. (pes) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT) Filing fees $ 400.00 receipt number 113C-9992775, filed by Kimberly R Kerins. (Attachments: #1 Civil Cover Sheet, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Nash, Alan) |
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| Plaintiff: Susan Maccio | |
| Represented By: | Robert Michael Crary |
| Represented By: | Michael D Eriksen |
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| Defendant: Kimberly R Kerins | |
| Represented By: | Nneka Beverley Uzodinma |
| Represented By: | Patrick Michael DeLong |
| Represented By: | Alan Carroll Nash |
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