Wopshall v. The Travelers Home and Marine Insurance Company
| Wendy Wopshall |
| The Travelers Home and Marine Insurance Company |
| 2:2021cv14390 |
| September 23, 2021 |
| US District Court for the Southern District of Florida |
| Shaniek M Maynard |
| Donald M Middlebrooks |
| Insurance |
| 28 U.S.C. § 1332 |
| Defendant |
Docket Report
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This docket was last retrieved on November 11, 2021. A more recent docket listing may be available from PACER.
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| Filing 18 NOTICE of Mediator Selection and Hearing. Selected/Added Robert Flayman as Mediator. Mediation Hearing set for 2/4/2022. (Marino, Stephen) |
Filing 17
PRETRIAL SCHEDULING ORDER AND ORDER REFERRING CASE TO MEDIATION (Amended Pleadings due by 12/6/2021., Discovery due by 2/28/2022., Expert Discovery due by 2/28/2022., Joinder of Parties due by 12/6/2021., In Limine Motions due by 4/11/2022., Dispositive Motions due by 3/28/2022., Motions due by 4/11/2022., Pretrial Stipulation due by 5/9/2022., Jury Trial set for 6/6/2022 09:00 AM before Judge Donald M. Middlebrooks., Calendar Call set for 6/1/2022 01:15 PM before Judge Donald M. Middlebrooks.) Signed by Magistrate Judge Shaniek M. Maynard on 11/4/2021. 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 16 NOTICE by The Travelers Home and Marine Insurance Company re #6 Answer to Amended Complaint, Notice of Constitutional Question. Attorney Jamie Rebecca Combee added to party The Travelers Home and Marine Insurance Company(pty:dft). (Combee, Jamie) |
| Filing 15 PAPERLESS MINUTE ENTRY for proceedings held before U.S. Magistrate Judge Shaniek M. Maynard: Scheduling Conference held on 11/4/2021. Total time in court: 10 mins. Attorney Appearances: Michal Meiler & Stephen Marino, Jr. for Plaintiff; Matthew Lavisky for Defendant. Other appearances: Jessica Rodriguez, Law Clerk. Pretrial scheduling matters discussed. Scheduling Order to follow. (Digital WebEx Conference: SMM_11-4-2021_1pm_21cv14346_21cv14390_21cv14356) (jrz) |
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Filing 14
PAPERLESS ORDER denying without prejudice #13 Defendant's Unopposed Motion to Modify Trial Date. Defendant has moved to continue trial from the two-week trial period commencing on June 6, 2022 to August 22, 2022, citing that Defendant's counsel has another federal trial set for the same two-week period. (DE #13 at para. 2). Based upon the information set forth in the motion, I do view this as an actual conflict and therefore I do not find good cause to grant a continuance. With sufficient advance planning, two trials can be completed in a single trial period. Moreover, it is not uncommon in litigation for cases to settle without need of a trial. If there remains an actual conflict closer to the trial date, and if it is clear that these cases cannot both be tried within the same two-week trial calendar, Defendant may renew this motion. If the Parties desire greater flexibility in scheduling, they are reminded that they may consent to jurisdiction before the paired Magistrate Judge. Signed by Judge Donald M. Middlebrooks on 11/3/2021. (kal)
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| Filing 13 Unopposed MOTION to Amend/Correct #10 Order Referring Case to Magistrate Judge,,,, Scheduling Order,,, Set/Reset Deadlines/Hearings by The Travelers Home and Marine Insurance Company. Responses due by 11/16/2021 (Lavisky, Matthew) |
| Filing 12 Joint SCHEDULING REPORT - Rule 16.1 by Wendy Wopshall (Attachments: #1 Text of Proposed Order)(Marino, Stephen) |
| Filing 11 PAPERLESS ORDER SETTING TELEPHONIC SCHEDULING CONFERENCE: Telephonic Scheduling Conference set for THURSDAY, NOVEMBER 4, 2021 at 1:00 PM in Fort Pierce Division before U.S. Magistrate Judge Shaniek M. Maynard. To participate, counsel shall call the Court's telephone conference line number at (888) 684-8852 and use Access Code 5312437. Counsel for the parties shall confer and file, by TUESDAY, NOVEMBER 2, 2021, a Joint Scheduling Report pursuant to Local Rule 16.1.B. To the extent a Joint Scheduling Report has previously been filed, the parties shall file an amended version based on the existing trial date. The parties shall also begin pre-trial tasks now, in advance of the Conference. This includes the exchange of initial disclosures and the start of discovery coordination. This is necessary so that the parties can complete all pre-trial tasks within the time allotted and have the case ready for trial by the existing trial date. The parties must be prepared for the Conference at their assigned time but may have to wait 10-20 minutes before their Conference begins, as the Court sets multiple cases for the same time slot. Signed by U.S. Magistrate Judge Shaniek M. Maynard on 10/29/2021. (jrz) |
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Filing 10
ORDER REFERRING CASE AND SETTING TRIAL DATE Referring Case to Magistrate Judge Shaniek M. Maynard to conduct a Scheduling Conference (Jury Trial set for 6/6/2022 09:00 AM in Fort Pierce Division before Judge Donald M. Middlebrooks., Calendar Call set for 6/1/2022 01:15 PM in West Palm Beach Division before Judge Donald M. Middlebrooks.) Signed by Judge Donald M. Middlebrooks on 10/25/2021. 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. Modified text on 10/25/2021 (jbs).
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| Filing 9 REPLY to Response to Motion re #7 MOTION for Judgment on the Pleadings filed by The Travelers Home and Marine Insurance Company. (Lavisky, Matthew) |
| Set Trial Date per DE #10 . Jury Trial set for 6/6/2022 09:00 AM in Fort Pierce Division before Judge Donald M. Middlebrooks. (jbs) |
| Filing 8 RESPONSE in Opposition re #7 MOTION for Judgment on the Pleadings filed by Wendy Wopshall. Replies due by 10/26/2021. (Attachments: #1 Exhibit A - 11/9/2017 Letter from Travelers, #2 Exhibit B - Civil Remedy Notice Form and Instructions)(Marino, Stephen) |
| Filing 7 MOTION for Judgment on the Pleadings by The Travelers Home and Marine Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B)(Lavisky, Matthew) |
| Filing 6 ANSWER and Affirmative Defenses to Amended Complaint with Jury Demand by The Travelers Home and Marine Insurance Company. Attorney Matthew John Lavisky added to party The Travelers Home and Marine Insurance Company(pty:dft). (Lavisky, Matthew) |
| Filing 5 AMENDED COMPLAINT against The Travelers Home and Marine Insurance Company, filed by Wendy Wopshall. (Attachments: #1 Exhibit A - Civil Remedy Notice, #2 Exhibit B - Final Judgment)(Marino, Stephen) |
| Filing 4 NOTICE of Attorney Appearance by Michal Meiler on behalf of Wendy Wopshall (Meiler, Michal) |
| Filing 3 Summons Issued as to The Travelers Home and Marine Insurance Company (jbs) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Donald M. Middlebrooks. 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 COMPLAINT against The Travelers Home and Marine Insurance Company. Filing fees $ 402.00. Pay.gov Agency Tracking ID FLSDC-15035018, payment transferred from : 21cv14389 Wendy Wopshall v. The Travelers Home and Marine Insurance Company, filed by Wendy Wopshall. (Attachments: #1 Exhibit A - Civil Remedy Notice, #2 Exhibit B - Final Judgment, #3 Summon(s), #4 Civil Cover Sheet)(Marino, Stephen) |
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