Benoit v. Kinsale Insurance Company
| Janice Benoit |
| Kinsale Insurance Company |
| 2:2021cv14010 |
| January 6, 2021 |
| US District Court for the Southern District of Florida |
| Aileen M Cannon |
| Shaniek M Maynard |
| Insurance |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 2, 2021. A more recent docket listing may be available from PACER.
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Filing 21
ORDER SETTING TRIAL, SETTING PRE-TRIAL DEADLINES, AND REFERRING CERTAIN MATTERS TO MAGISTRATE JUDGE (Jury Trial set for 4/25/2022 09:00 AM in Fort Pierce Division before Judge Aileen M. Cannon., Calendar Call set for 4/19/2022 01:45 PM in Fort Pierce Division before Judge Aileen M. Cannon., Amended Pleadings due by 3/19/2021., Discovery due by 11/12/2021., Expert Discovery due by 11/12/2021., Joinder of Parties due by 3/19/2021., Mediation Deadline 12/1/2021., In Limine Motions due by 3/14/2022., Dispositive Motions due by 12/10/2021., Motions due by 12/10/2021., Pretrial Stipulation due by 3/14/2022.), Referring Case to Magistrate Judge Shaniek M. Maynard for all pretrial non-dispositive and discovery matters. Signed by Judge Aileen M. Cannon on 3/2/2021. See attached document for full details. (jbs) #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 20 PAPERLESS Minute Entry for proceedings held before Judge Aileen M. Cannon: Status Conference held on March 2, 2021. The Court heard argument from the parties on proposed pre-trial deadlines in forthcoming Scheduling Order. Total time in court: 10 minutes. Attorney Appearance(s): Aaron David Silvers, Joel Ladd McNabney. Court Reporter: Diane Miller, 561-514-3728 / Diane_Miller@flsd.uscourts.gov. (ahz) |
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Filing 19
PAPERLESS ORDER: on January 27, 2021, Defendant filed a Partial Motion to Dismiss Plaintiff's Complaint. The Defendant's Partial Motion to Dismiss seeks dismissal of Count II in Plaintiff's Complaint. On February 10, 2021, the Court entered a Final Order of Dismissal of Count II #11 . In light of the Court's Final Order of Dismissal of Count II #11 , Defendant's Partial Motion to Dismiss Plaintiff's Complaint #9 is DENIED AS MOOT. Signed by Judge Aileen M. Cannon on February 24, 2021. (ahz)
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Filing 18
THIS CAUSE is before the Court upon #17 the Parties' Joint Response to the Court's Order to Show Cause #14 . The Court acknowledges that the parties' Joint Scheduling Report was timely filed because the specified deadline fell on a legal holiday, which automatically shifted this deadline to February 16, 2021, the day the parties filed their Joint Scheduling Report. Defendant also timely filed its Certificate of Interested Persons and Corporate Disclosure Statement on February 16, 2021. Recognizing that Court oversight, the parties have set forth good cause. Signed by Judge Aileen M. Cannon on February 24, 2021. (ahz).
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| Filing 17 RESPONSE TO ORDER TO SHOW CAUSE re #14 Order to Show Cause, by Kinsale Insurance Company. (McNabney, Joel) |
| Filing 16 ANSWER and Affirmative Defenses to Complaint re the Notice of Removal by Kinsale Insurance Company. (McNabney, Joel) |
| Filing 15 PAPERLESS NOTICE of Hearing: Status Conference set for 3/2/2021 09:30 AM in Fort Pierce Division before Judge Aileen M. Cannon via Zoom platform. Zoom link and information will be emailed to all parties of record. (mno) |
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Filing 14
ORDER TO SHOW CAUSE. By no later than February 26, 2021, the parties shall show written cause for their untimely submissions to the Court and explain why sanctions should not be imposed for their failure to comply with a Court Order. Signed by Judge Aileen M. Cannon on 2/19/2021. See attached document for full details. (mno)
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| Filing 13 Certificate of Other Affiliates/Corporate Disclosure Statement by Kinsale Insurance Company identifying Corporate Parent Kinsale Capital Group for Kinsale Insurance Company (McNabney, Joel) |
| Filing 12 SCHEDULING REPORT - Rule 16.1 by Kinsale Insurance Company (Attachments: #1 Text of Proposed Order EX A)(McNabney, Joel) |
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Filing 11
FINAL ORDER OF DISMISSAL OF COUNT II Signed by Judge Aileen M. Cannon on 2/10/2021. See attached document for full details. (jbs)
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| Filing 10 NOTICE by Janice Benoit Notice of Withdrawal As to Count II Petition for Declaratory Relief (Silvers, Aaron) |
| Filing 9 Defendant's MOTION to Dismiss the State Court Complaint contained within the Notice of Removal #1 Notice of Removal (State Court Complaint), Partial Motion to Dismiss by Kinsale Insurance Company. Responses due by 2/10/2021 (Attachments: #1 Text of Proposed Order Ex A)(McNabney, Joel) |
| Filing 8 STATUS REPORT by Kinsale Insurance Company (McNabney, Joel) |
| Filing 7 NOTICE of Attorney Appearance by Aaron David Silvers on behalf of Janice Benoit. Attorney Aaron David Silvers added to party Janice Benoit(pty:pla). (Silvers, Aaron) |
| Set/Reset Answer Due Deadline as per DE 6 : Kinsale Insurance Company response due 1/27/2021. (lk) |
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Filing 6
PAPERLESS ORDER granting #5 Defendant's Unopposed Motion for Extension of Time to Respond to Plaintiff's Complaint. The Defendant shall have until January 27, 2021, to file a responsive motion or pleading to the Plaintiff's Complaint. Signed by Judge Aileen M. Cannon on 1/11/2021. (ahz)
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| Filing 5 Unopposed MOTION for Extension of Time to File Response/Reply/Answer to Plaintiff's Complaint by Kinsale Insurance Company. (Attachments: #1 Text of Proposed Order Ex 1)(McNabney, Joel) |
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Filing 4
ORDER REQUIRING JOINT SCHEDULING REPORT AND CERTIFICATES OF INTERESTED PARTIES. Joint Scheduling Report due by 2/15/2021 Signed by Judge Aileen M. Cannon on 1/7/2021. See attached document for full details. (cds)
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| Set Deadlines/Hearings per DE #3 Status Report due by 1/22/2021. (jbs) |
| Filing 3 NOTICE OF COURT PRACTICES IN REMOVAL CASES Signed by Judge Aileen M. Cannon on 1/7/2021. See attached document for full details. (jbs) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Aileen M. Cannon 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. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (jbs) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Complaint) Filing fee $ 402.00 receipt number AFLSDC-14164401, filed by Kinsale Insurance Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Civil Cover Sheet)(McNabney, Joel)(No Answer/Motion to Dismiss Filed) Modified text on 1/7/2021 (jbs). |
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| Plaintiff: Janice Benoit | |
| Represented By: | Aaron David Silvers |
| Represented By: | Kevin Joshua Weisser |
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| Defendant: Kinsale Insurance Company | |
| Represented By: | Joel Ladd McNabney |
| Represented By: | Sina Bahadoran |
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