Spottswood Companies, Inc. v. Zurich American Insurance Company, a New York Corporation
Plaintiff: Spottswood Companies, Inc.
Defendant: Zurich American Insurance Company, a New York Corporation
Case Number: 4:2020cv10077
Filed: July 8, 2020
Court: US District Court for the Southern District of Florida
Presiding Judge: Jacqueline Becerra
Referring Judge: K Michael Moore
Nature of Suit: Insurance
Cause of Action: 28:2201
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on August 28, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 28, 2020 Filing 13 ANSWER and Affirmative Defenses to Complaint by Zurich American Insurance Company, a New York Corporation. (Guzzi, Gary)
August 18, 2020 Opinion or Order Filing 12 PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendant's Motion to Vacate Clerk's Entry of Default. #9 . On August 6, 2020, Plaintiff moved for a Clerk's Entry of Default against Defendant, which the Clerk of Court granted. #7 , #8 . Now, Defendant moves to vacate entry of default because Defendant is not in default as Plaintiff miscalculated 'response deadline. #9 . Pursuant to Rule 55(c) of the Federal Rules of Civil Procedure, a court has discretion to set aside an entry of default for "good cause." See Fed. R. Civ. P. 55(c). Here, the Court finds good cause to vacate the entry of default because Defendant is not in default. Specifically, Plaintiff calculated Defendant's response deadline based on the date that Plaintiff served the Chief Financial Officer of Florida ("CFO"), as the statutory registered agent for Defendant. #6 . However, Defendant is an insurance carrier. And, under Florida law, date of service upon an insurance carrier is the date that the complaint and summons are forwarded to the insurance carrier by the CFO, not the date that the CFO is served. See Fla. Stat. 48.151(1). Thus, in moving for default, Plaintiff provided an erroneous response deadline. Indeed, the CFO has not yet forwarded Defendant the complaint and summons. #9 at 2 n.1. Thus, Defendant is not in default. Accordingly, UPON CONSIDERATION of the Motion #9 , the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Clerk of Court is instructed to VACATE the Clerk's entry of default against Defendant Zurich American Insurance Company. Signed by Chief Judge K. Michael Moore on 8/18/2020. (mgh)
August 18, 2020 Filing 11 NOTICE by Spottswood Companies, Inc. of Non Opposition (Morales, Anna)
August 10, 2020 Filing 10 SUMMONS (Affidavit) Returned Executed on #1 Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Zurich American Insurance Company, a New York Corporation. Zurich American Insurance Company, a New York Corporation served on 8/7/2020, answer due 8/28/2020. (Attachments: #1 Exhibit 1)(Guzzi, Gary)
August 7, 2020 Filing 9 MOTION to Vacate #8 Order on Motion for Clerks Entry of Default by Zurich American Insurance Company, a New York Corporation. Attorney Gary John Guzzi added to party Zurich American Insurance Company, a New York Corporation(pty:dft). Responses due by 8/21/2020 (Guzzi, Gary)
August 7, 2020 Filing 8 VACATED per DE 12 ORDER by Clerk of Entry of Default re #7 Motion for Clerks Entry of Default as to Zurich American Insurance Company. Signed by DEPUTY CLERK on 8/7/2020. See attached document for full details. (cbr) Text Modified on 8/19/2020 (cbr).
August 6, 2020 Filing 7 Plaintiff's MOTION for Clerks Entry of Default as to Zurich American Insurance Company, a New York Corporation by Spottswood Companies, Inc.. Attorney Anna Cristina Morales added to party Spottswood Companies, Inc.(pty:pla). (Morales, Anna)
July 17, 2020 Filing 6 SUMMONS (Affidavit) Returned Executed on #1 Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Spottswood Companies, Inc.. Zurich American Insurance Company, a New York Corporation served on 7/14/2020, answer due 8/4/2020. (Leighton, John)
July 14, 2020 Opinion or Order Filing 5 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 7/14/2020. (mgh)
July 14, 2020 Opinion or Order Filing 4 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 7/14/2020. (mgh)
July 9, 2020 Filing 3 Summons Issued as to Zurich American Insurance Company, a New York Corporation. (mee)
July 8, 2020 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. (mee)
July 8, 2020 Filing 1 COMPLAINT FOR DECLARATORY RELIEF against All Defendants. Filing fees $ 400.00 receipt number AFLSDC-13149590, filed by Spottswood Companies, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Summon(s))(Leighton, John)

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Defendant: Zurich American Insurance Company, a New York Corporation
Represented By: Gary John Guzzi
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Plaintiff: Spottswood Companies, Inc.
Represented By: John Elliott Leighton
Represented By: Jay Mitchell Levy
Represented By: Anna Cristina Morales
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