Roof Top Cafe, LLC v. Colony Insurance Company
Plaintiff: ROOF TOP CAFE, LLC
Defendant: Colony Insurance Company
Case Number: 4:2021cv10036
Filed: March 12, 2021
Court: US District Court for the Southern District of Florida
Presiding Judge: Jacqueline Becerra
Referring Judge: James Lawrence King
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. ยง 1442
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on April 23, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 23, 2021 Filing 19 ACKNOWLEDGMENT OF RECEIPT as to #18 Transmittal Letter Sent. (scn)
April 9, 2021 Filing 18 Transmittal Letter Sent with DE#17 to: Monroe County Court. State Court Case Number: 21-CA-102-K. (scn)
April 9, 2021 Opinion or Order Filing 17 ORDER granting #9 Motion to Remand to State Court; denying as moot #16 Motion to Stay; denying as moot #16 Motion for Extension of Time. Closing Case. Signed by Senior Judge James Lawrence King on 4/9/2021. See attached document for full details. (scn)
April 8, 2021 Filing 16 Plaintiff's MOTION to Stay re #7 ANSWER to Complaint (Notice of Removal), #9 First MOTION to Remand to State Court , First MOTION for Extension of Time to reply to affirmative defenses re #7 ANSWER to Complaint (Notice of Removal) by Roof Top Cafe, LLC. Responses due by 4/22/2021 (Pearce, Samantha)
April 8, 2021 Filing 15 NOTICE of Attorney Appearance by Samantha Kay Pearce on behalf of Roof Top Cafe, LLC (Pearce, Samantha)
April 5, 2021 Filing 14 REPLY to Response to Motion re #9 First MOTION to Remand to State Court filed by Roof Top Cafe, LLC. (Spahn, Gary)
March 30, 2021 Filing 13 Corrected RESPONSE in Opposition re #9 First MOTION to Remand to State Court filed by Colony Insurance Company. Replies due by 4/6/2021. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Darroch, Robert) Modified Text on 3/31/2021 (ls).
March 30, 2021 Filing 12 NOTICE of Striking #10 Response in Opposition to Motion filed by Colony Insurance Company by Colony Insurance Company (Darroch, Robert)
March 30, 2021 Filing 11 Clerks Notice to Filer re #10 Response in Opposition to Motion. Document and Case Style Do Not Match; CORRECTIVE ACTION REQUIRED - The Filer must File a Notice of Striking, then refile the document with the correct case style and case number in the appropriate case. (ls)
March 29, 2021 Filing 10 "STRICKEN" RESPONSE in Opposition re #9 First MOTION to Remand to State Court filed by Colony Insurance Company. Replies due by 4/5/2021. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Darroch, Robert) Modified on 3/31/2021 (ls). (per DE #12)
March 19, 2021 Filing 9 First MOTION to Remand to State Court by Roof Top Cafe, LLC. (Spahn, Gary)
March 19, 2021 Opinion or Order Filing 8 SCHEDULING ORDER: ( Discovery due by 12/29/2021., Motions due by 1/3/2022., Pretrial Stipulation due by 2/25/2022., Jury Trial set for 5/23/2022 09:00 AM in Key West Division before Senior Judge James Lawrence King in Courtroom I, First Floor., Calendar Call set for 5/19/2022 10:00 AM in Miami Division before Senior Judge James Lawrence King in Courtroom II, Eleventh Floor., Final Pretrial Conference set for 3/4/2022 10:30 AM in Miami Division before Senior Judge James Lawrence King in Courtroom II, Eleventh Floor.), ORDER REFERRING CASE to Magistrate Judge Jacqueline Becerra for Discovery Matters. Signed by Senior Judge James Lawrence King on 3/19/2021. See attached document for full details. (jw) #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.
March 18, 2021 Filing 7 ANSWER and Affirmative Defenses to Complaint re the Notice of Removal with Jury Demand by Colony Insurance Company. (Darroch, Robert)
March 18, 2021 Filing 6 NOTICE of Attorney Appearance by Gary Joseph Spahn, Jr on behalf of Roof Top Cafe, LLC (Spahn, Gary)
March 18, 2021 Filing 5 NOTICE of Striking #3 Notice of Attorney Appearance filed by Roof Top Cafe, LLC by Roof Top Cafe, LLC. Attorney Gary Joseph Spahn, Jr added to party Roof Top Cafe, LLC(pty:pla). (Spahn, Gary)
March 18, 2021 Filing 4 Clerks Notice to Filer re #3 Notice of Attorney Appearance. Login/Signature Block Violation; CORRECTIVE ACTION REQUIRED - The name of attorney e-filing this document via their CM/ECF login does not match the name of attorney on the signature block of the document. The name used for login must match the typed name on signature block of the document. This filing is a violation of Section 3J(1) of CM/ECF Admin Procedures and Local Rule 5.1(b). Filer must File a Notice of Striking, then refile document pursuant to CM/ECF Admin Procedures and Local Rules. (ls)
March 17, 2021 Filing 3 "STRICKEN" NOTICE of Attorney Appearance by Gary Joseph Spahn, Jr on behalf of ROOF TOP CAFE, LLC (Spahn, Gary) Modified on 3/19/2021 (ls). (per DE #5)
March 12, 2021 Filing 2 Clerks Notice of Judge Assignment to Senior Judge James Lawrence King. 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. (scn)
March 12, 2021 Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Complaint) Filing fee $ 402.00 receipt number AFLSDC-14517965, filed by Colony Insurance Company. (No Answer filed/No Motion to Dismiss) (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B - State Court File, #4 Docket Sheet Docket Sheet)(Darroch, Robert) Text Modified on 3/12/2021 (scn).

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Plaintiff: ROOF TOP CAFE, LLC
Represented By: Samantha Kay Pearce
Represented By: Gary Joseph Spahn, Jr.
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Defendant: Colony Insurance Company
Represented By: Robert Malcolm Darroch
Represented By: Sara Kathleen Blackwell
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