Marciniak et al v. Wright National Flood Insurance Company
| Lisa Marciniak and David Marciniak |
| Federal Emergency Management Agency, National Flood Insurance Program, James A. Sadler and Wright National Flood Insurance Company |
| 4:2019cv10061 |
| April 19, 2019 |
| US District Court for the Southern District of Florida |
| Jacqueline Becerra |
| K Michael Moore |
| Insurance |
| 12 U.S.C. ยง 0635 |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 29, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 12 Certificate of Other Affiliates/Corporate Disclosure Statement by Wright National Flood Insurance Company identifying Corporate Parent Brown & Brown, Inc., Other Affiliate The Wright Insurance Group, LLC for Wright National Flood Insurance Company (Ryan, Taylor) |
| Filing 11 Wright National Flood Insurance Company's ANSWER and Affirmative Defenses to Complaint by Wright National Flood Insurance Company. Attorney Taylor Robert Ryan added to party Wright National Flood Insurance Company(pty:dft). (Ryan, Taylor) |
| Filing 10 Summons Issued as to James A. Sadler. (ail) |
| Filing 9 NOTICE of Filing Proposed Summons(es) to James A. Sadler, as Director of Claims for the National Flood Insurance Program, Federal Emergency Management Agency by David Marciniak, Lisa Marciniak (Attachments: #1 Summon(s)) (Marcus, Barry) |
| Filing 8 Clerks Notice to Filer re: Summonses cannot be issued. Summons NOT issued for the following reason - Multiple parties added to one summons. The filer is instructed to refile a separate summons for each party. (ail) |
| Filing 7 NOTICE of Filing Proposed Summons(es) by David Marciniak, Lisa Marciniak (Attachments: #1 Summon(s) to James A. Sadler, as Director of Claims for the National Flood Insurance Program, the National Flood Insurance Program and the Federal Emergency Management Agency) (Marcus, Barry) |
Filing 6
PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO MAGISTRATE JUDGE JACQUELINE BECERRA. PURSUANT to 28 U.S.C. 636 and the Magistrate Rules of the Local Rules of the Southern District of Florida, the above-captioned Cause is referred to United States Magistrate Judge Jacqueline Becerra to take all necessary and proper action as required by law with respect to any and all pretrial discovery matters. Any motion affecting deadlines set by the Court's Scheduling Order is excluded from this referral, unless specifically referred by separate Order. It is FURTHER ORDERED that the parties shall comply with Magistrate Judge Jacqueline Becerra's discovery procedures. Signed by Chief Judge K. Michael Moore on 4/22/2019. (eso)
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Filing 5
PAPERLESS PRETRIAL ORDER. This order has been entered upon the filing of the complaint. Plaintiff's counsel is hereby ORDERED to forward to all defendants, upon receipt of a responsive pleading, a copy of this Order. It is further ORDERED that S.D. Fla. L.R. 16.1 shall apply to this case and the parties shall hold a scheduling conference no later than twenty (20) days after the filing of the first responsive pleading by the last responding defendant, or within sixty (60) days after the filing of the complaint, whichever occurs first. However, if all defendants have not been served by the expiration of this deadline, Plaintiff shall move for an enlargement of time to hold the scheduling conference, not to exceed 90 days from the filing of the Complaint. Within ten (10) days of the scheduling conference, counsel shall file a joint scheduling report. Failure of counsel to file a joint scheduling report within the deadlines set forth above may result in dismissal, default, and the imposition of other sanctions including attorney's fees and costs. The parties should note that the time period for filing a joint scheduling report is not tolled by the filing of any other pleading, such as an amended complaint or Rule 12 motion. The scheduling conference may be held via telephone. At the conference, the parties shall comply with the following agenda that the Court adopts from S.D. Fla. L.R. 16.1: (1) Documents (S.D. Fla. L.R. 16.1.B.1 and 2) - The parties shall determine the procedure for exchanging a copy of, or a description by category and location of, all documents and other evidence that is reasonably available and that a party expects to offer or may offer if the need arises. Fed. R. Civ. P. 26(a)(1)(B). (a) Documents include computations of the nature and extent of any category of damages claimed by the disclosing party unless the computations are privileged or otherwise protected from disclosure. Fed. R. Civ. P. 26(a)(1)(C). (b) Documents include insurance agreements which may be at issue with the satisfaction of the judgment. Fed. R. Civ. P. 26(a)(1)(D). (2) List of Witnesses - The parties shall exchange the name, address and telephone number of each individual known to have knowledge of the facts supporting the material allegations of the pleading filed by the party. Fed. R. Civ. P. 26(a)(1)(A). The parties have a continuing obligation to disclose this information. (3) Discussions and Deadlines (S.D. Fla. L.R. 16.1.B.2) - The parties shall discuss the nature and basis of their claims and defenses and the possibilities for a prompt settlement or resolution of the case. Failure to comply with this Order or to exchange the information listed above may result in sanctions and/or the exclusion of documents or witnesses at the time of trial. S.D. Fla. L.R. 16.1.I. Pursuant to Administrative Order 2016-70 of the Southern District of Florida and consistent with the Court of Appeals for the Eleventh Circuit's Local Rules and Internal Operating Procedures, within three days of the conclusion of a trial or other proceeding, parties must file via CM/ECF electronic versions of documentary exhibits admitted into evidence, including photographs of non-documentary physical exhibits. The Parties are directed to comply with each of the requirements set forth in Administrative Order 2016-70 unless directed otherwise by the Court.Telephonic appearances are not permitted for any purpose. Upon reaching a settlement in this matter the parties are instructed to notify the Court by telephone and to file a Notice of Settlement within twenty-four (24) hours. Signed by Chief Judge K. Michael Moore on 4/22/2019. (eso)
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| Filing 4 NOTICE of Attorney Appearance by Barry Jay Marcus on behalf of David Marciniak, Lisa Marciniak (Marcus, Barry) |
| Filing 3 Summons Issued as to Wright National Flood Insurance Company. (amb) |
| Filing 2 Clerks Notice of Judge Assignment to Chief Judge K. Michael Moore. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jacqueline Becerra 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. (amb) |
| Filing 1 COMPLAINT against Wright National Flood Insurance Company. Filing fees $ 400.00. Pay.gov Agency Tracking ID 113C-26GO26NJ, payment transferred from : Marciniak v. Fednat, filed by David Marciniak, Lisa Marciniak. (Attachments: #1 Civil Cover Sheet, #2 Summon(s))(Marcus, Barry) |
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