Market Avenue Warehouse Complex, Inc, LLC v. Westchester Surplus Lines Insurance Company
Plaintiff: Market Avenue Warehouse Complex, Inc, LLC
Defendant: Westchester Surplus Lines Insurance Company
Case Number: 2:2023cv14346
Filed: November 3, 2023
Court: US District Court for the Southern District of Florida
Presiding Judge: Aileen M Cannon
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. ยง 1332 Diversity-Notice of Removal
Jury Demanded By: Both
Docket Report

This docket was last retrieved on December 26, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 26, 2023 Filing 12 Answer and Affirmative Defenses to Amended Complaint to #9 Amended Complaint/Amended Notice of Removal, by Westchester Surplus Lines Insurance Company. (Pasternack, Chad)
December 22, 2023 Filing 11 MOTION for Extension of Time to File Response/Reply/Answer as to #9 Amended Complaint/Amended Notice of Removal, by Westchester Surplus Lines Insurance Company. (Attachments: #1 Text of Proposed Order)(Pasternack, Chad)
December 18, 2023 Opinion or Order Filing 10 PAPERLESS ORDER: In light of Plaintiff's First Amended Complaint #9 , Defendant's Motion to Dismiss #4 Plaintiff's Initial Complaint [1-3] is denied as moot. Signed by Judge Aileen M. Cannon on December 19, 2023. (cdz)
December 11, 2023 Filing 9 First AMENDED COMPLAINT against Market Avenue Warehouse Complex, Inc, LLC filed in response to Order Granting Motion for Leave, filed by Market Avenue Warehouse Complex, Inc, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Constable, James)
December 11, 2023 Opinion or Order Filing 8 PAPERLESS ORDER granting Plaintiff's #7 Motion for Leave to File Amended Complaint pursuant to Rule15(a)(1). See Fed. R. Civ. P. 15(a)(1). On or before December 15, 2023 Plaintiff shall file its First Amended Complaint, currently attached as Exhibit 1 within Plaintiff's Motion for Leave #7 , as a separate entry on the docket and shall attach any exhibits to the Amended Complaint as separate attachments. Signed by Judge Aileen M. Cannon on 12/11/2023. (cdz)
December 7, 2023 Filing 7 MOTION for Leave to File AMENDED COMPLAINT by Market Avenue Warehouse Complex, Inc, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D)(Constable, James)
December 6, 2023 Filing 6 STATUS REPORT Removal by Westchester Surplus Lines Insurance Company (Pasternack, Chad)
December 4, 2023 Opinion or Order Filing 5 ORDER REQUIRING RESPONSE TO MOTION re #4 MOTION TO DISMISS. ORDERED AND ADJUDGED that Plaintiff shall file a response to Defendant's Motion to Dismiss on or before December 12, 2023. Signed by Judge Aileen M. Cannon on 12/4/2023. See attached document for full details. (rbe)
November 9, 2023 Filing 4 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint),, FOR FAILURE TO STATE A CLAIM by Westchester Surplus Lines Insurance Company. Responses due by 11/27/2023 (Pasternack, Chad)
November 6, 2023 Filing 3 NOTICE OF COURT PRACTICES IN REMOVAL CASES. Counsel for the removing party also is directed to file and serve a Removal Status Report no later than December 6, 2023. Signed by Judge Aileen M. Cannon on 11/6/2023. See attached document for full details. (rbe)
November 3, 2023 Filing 2 Clerks Notice of Judge Assignment to Judge Aileen M. Cannon. 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. (rbe)
November 3, 2023 Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Complaint) Filing fee $ 402.00 receipt number AFLSDC-17046254, filed by Westchester Surplus Lines Insurance Company. No Answer/ No Motion To Dismiss Filed. (Attachments: #1 Civil Cover Sheet, #2 Exhibit State Court Complaint/ Documents, #3 Exhibit 2022 Corporate Annual Report, #4 Exhibit 2022 Indian River Property Tax Record, #5 Errata Sworn Statement in POL)(Pasternack, Chad) Modified text & attachment description on 11/3/2023 (rbe).

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Plaintiff: Market Avenue Warehouse Complex, Inc, LLC
Represented By: Allison S Freeman
Represented By: James Scott Constable
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Defendant: Westchester Surplus Lines Insurance Company
Represented By: Veronica Guerra
Represented By: Chad A. Pasternack
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