Hunter v. AIG Property Casualty Company
Plaintiff: Kenneth M. Hunter
Defendant: AIG Property Casualty Company and Chartis Property Casualty Company
Case Number: 9:2017cv81020
Filed: September 7, 2017
Court: US District Court for the Southern District of Florida
Office: West Palm Beach Office
County: Palm Beach (Office: West Palm Beach)
Presiding Judge: Dave Lee Brannon
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on November 8, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 8, 2018 Opinion or Order Filing 61 ORDER OF VACATURE AND DISMISSAL UPON THE PARTIES' JOINT STIPULATION. The Motion for Order of Vacature DE #60 is GRANTED. The Court ORDERS that its prior Order Granting Summary Judgment to Plaintiff DE #48 and the Final Judgment in Plaintiff's favor DE #49 are both VACATED. This case is DISMISSED. Signed by Magistrate Judge Dave Lee Brannon on 11/8/2018. See attached document for full details. (mc)
November 8, 2018 Filing 60 Unopposed MOTION to Alter Judgment (Motion for Order of Vacatur) by AIG Property Casualty Company. Responses due by 11/23/2018 (Attachments: #1 Exhibit A - AIG's M-Remand filed with 11th Circuit)(Newman, Robert)
November 6, 2018 Opinion or Order Filing 59 ORDER of DISMISSAL from USCA. Appellant's "Motion to Remand After Indicative Ruling by District Court on a Motion that is Barred by a Pending Appeal" is GRANTED. We hereby REMAND this matter in full to the district court re #51 Notice of Appeal, filed by AIG Property Casualty Company, AIG Property Casualty Company, Inc. USCA #18-13473-FF. (apz)
October 24, 2018 Opinion or Order Filing 58 Indicative Ruling - granting #57 Motion to Alter Judgment. If this case is remanded by the court of appeals, this Court will vacate its prior Order on Cross-Motions for Summary Judgment and Final Judgment, and dismiss this case pursuant to the parties' Joint Stipulation for Order of Vacatur and Dismissal. Signed by Magistrate Judge Dave Lee Brannon on 10/24/2018. See attached document for full details. (spe)
October 23, 2018 Filing 57 Unopposed MOTION to Alter Judgment (Seeking Indicative Order) by AIG Property Casualty Company. Responses due by 11/6/2018 (Attachments: #1 Exhibit A - Joint Stip for Order of Vacatur, #2 Exhibit B - Proposed Order of Vacatur, #3 Exhibit C - Proposed Indicative Order)(Newman, Robert)
October 22, 2018 Filing 56 NOTICE of Attorney Appearance by James Scott Telepman on behalf of Kenneth M. Hunter. Attorney James Scott Telepman added to party Kenneth M. Hunter(pty:pla). (Telepman, James)
September 21, 2018 Filing 55 PAPERLESS ORDER denying without prejudice #54 Plaintiff's Motion for Attorney's Fees and Costs pending Defendant's appeal. The motion does not comply fully with Local Rule 7.3. Furthermore, while fees and costs may properly be taxed at this time, see Briggs v. Briggs, 260 Fed. Appx. 164, 165 (11th Cir. 2007), the Court exercises its discretion to deny the motion without prejudice with leave to re-file once the appeal is concluded. See Fed. R. Civ. P. 54(d) advisory committee notes to 1993 amendment ("[i]f an appeal on the merits of the case is taken, the court may rule on the claim for fees, may defer its ruling on the motion, or may deny the motion without prejudice, directing under subdivision (d)(2)(B) a new period for filing after the appeal has been resolved."). The Court finds that the interests of justice are best served by employing this procedure to avoid piecemeal adjudication of fees and costs. If appropriate, the motion may be re-filed within 30 days of the Eleventh Circuit's mandate. Any such motion shall comply fully with Local Rule 7.3. Signed by U.S. Magistrate Judge Dave Lee Brannon on 9/21/2018. (jrz)
September 20, 2018 Filing 54 Plaintiff's MOTION for Attorney Fees & Costs with Incorporated Statment of Facts and Memorandum of Law in Support Thereof by Kenneth M. Hunter. Responses due by 10/4/2018 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit 1)(Currier, Romin)
August 30, 2018 Filing 53 TRANSCRIPT INFORMATION FORM by AIG Property Casualty Company re #51 Notice of Appeal,. No Transcript Requested. (Wilder, Rosemary)
August 21, 2018 Filing 52 Acknowledgment of Receipt of NOA from USCA re #51 Notice of Appeal, filed by AIG Property Casualty Company, AIG Property Casualty Company, Inc.. Date received by USCA: 8/17/18. USCA Case Number: 18-13473-F. (hh)
August 17, 2018 Filing 51 Notice of Appeal as to #49 Judgment by AIG Property Casualty Company. Filing fee $ 505.00 receipt number 113C-10916173. Within fourteen days of the filing date of a Notice of Appeal, the appellant must complete the Eleventh Circuit Transcript Order Form regardless of whether transcripts are being ordered [Pursuant to FRAP 10(b)]. For information go to our FLSD website under Transcript Information. (Attachments: #1 Exhibit A - Final Judgment)(Wilder, Rosemary)
August 17, 2018 Filing 50 NOTICE of Attorney Appearance by Rosemary Balanky Wilder on behalf of AIG Property Casualty Company. Attorney Rosemary Balanky Wilder added to party AIG Property Casualty Company(pty:dft). (Wilder, Rosemary)
August 17, 2018 Transmission of Notice of Appeal, Judgment under appeal and Docket Sheet to US Court of Appeals re #51 Notice of Appeal, Notice has been electronically mailed. (apz)
July 20, 2018 Filing 49 (VACATED per DE #61 ) FINAL JUDGMENT in favor of Kenneth M. Hunter against AIG Property Casualty Company. Closing Case. Signed by Magistrate Judge Dave Lee Brannon on 7/20/2018. See attached document for full details. (spe) Modified text on 11/9/2018 (mc).
July 20, 2018 Opinion or Order Filing 48 (VACATED per DE #61 ) ORDER ON CROSS-MOTIONS FOR SUMMARY JUDGMENT granting #31 Motion for Summary Judgment; denying #33 Motion for Summary Judgment. Signed by Magistrate Judge Dave Lee Brannon on 7/20/2018. See attached document for full details. (spe) Modified text on 11/9/2018 (mc).
July 2, 2018 Filing 47 PRETRIAL STIPULATION Joint by Kenneth M. Hunter (Phillips, Steven)
June 29, 2018 Filing 46 NOTICE by Kenneth M. Hunter Notice of Filing Mediation Report (Attachments: #1 Exhibit Mediation Report) (Currier, Romin)
June 26, 2018 Filing 45 PAPERLESS ORDER granting #44 Plaintiff's Unopposed Motion for Extension of Time. The parties shall have until July 2, 2018 to file their Joint Pretrial Stipulation. Signed by U.S. Magistrate Judge Dave Lee Brannon on 6/26/2018. (jrz)
June 25, 2018 Filing 44 Plaintiff's MOTION for Extension of Time to file Joint Pretrial Stipulation re #27 Amended Order,,,, Scheduling Order,,, by Kenneth M. Hunter. Responses due by 7/9/2018 (Currier, Romin)
June 25, 2018 Filing 43 CERTIFICATE of Counsel re #27 Amended Order,,,, Scheduling Order,,, Notice of Certification of Non-Compliance with Court Order requiring Parties to File Joint Pretrial Stipulation by Robert Scott Newman on behalf of AIG Property Casualty Company (Newman, Robert)
June 14, 2018 Filing 42 Clerks Notice to Filer re #39 Notice (Other). Wrong Event Selected; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, see [de#41]. It is not necessary to refile this document. (lk)
June 13, 2018 Filing 41 NOTICE of Mediator Selection and Hearing. Added Fred Hazouri. Mediation Hearing set for 6/29/18 at 10:00am. See image at DE #39 (lk)
June 13, 2018 Filing 40 STATUS REPORT filed Jointly by Kenneth M. Hunter (Currier, Romin)
June 13, 2018 Filing 39 NOTICE by Kenneth M. Hunter of Mediation (Phillips, Steven)
June 11, 2018 Opinion or Order Filing 38 ORDER REQUIRING JOINT STATUS REPORT: The Court previously ordered the parties to complete mediation or a settlement conference at least 60 days before trial, i.e. by or before June 7, 2018. There is no sign in the record that this has been done. The parties shall thus file a joint status report by June 15, 2018, that informs the Court about their efforts in this regard. Signed by U.S. Magistrate Judge Dave Lee Brannon on 6/11/2018. (jrz)
May 21, 2018 Filing 37 REPLY to Response to Motion re #33 MOTION for Summary Judgment filed by AIG Property Casualty Company. (Newman, Robert)
May 20, 2018 Filing 36 REPLY to Response to Motion re #31 Plaintiff's MOTION for Summary Judgment filed by Kenneth M. Hunter. (Currier, Romin)
May 14, 2018 Filing 35 RESPONSE in Opposition re #33 MOTION for Summary Judgment filed by Kenneth M. Hunter. Replies due by 5/21/2018. (Currier, Romin)
May 14, 2018 Filing 34 RESPONSE in Opposition re #31 Plaintiff's MOTION for Summary Judgment filed by AIG Property Casualty Company. Replies due by 5/21/2018. (Newman, Robert)
April 30, 2018 Filing 33 MOTION for Summary Judgment by AIG Property Casualty Company. Responses due by 5/14/2018 (Attachments: #1 Exhibit A-Affidavit of Michelle Amato)(Newman, Robert)
April 30, 2018 Filing 32 Statement of: Undisputed Material Facts in Support of Plaintiff's Motion for Summary Judgment by Kenneth M. Hunter re #31 Plaintiff's MOTION for Summary Judgment (Attachments: #1 Exhibit A)(Currier, Romin)
April 30, 2018 Filing 31 Plaintiff's MOTION for Summary Judgment by Kenneth M. Hunter. Responses due by 5/14/2018 (Currier, Romin)
February 5, 2018 Filing 30 ANSWER and Affirmative Defenses to Complaint by AIG Property Casualty Company. (Newman, Robert)
January 23, 2018 Set/Reset Answer Due Deadline: AIG Property Casualty Company response due 2/5/2018. (lk)
January 22, 2018 Opinion or Order Filing 29 ORDER denying #9 Motion to Dismiss for Failure to State a Claim. Signed by Magistrate Judge Dave Lee Brannon on 1/22/2018. (lk)
January 3, 2018 Filing 28 NOTICE of Compliance - Joint Discovery Plan by AIG Property Casualty Company re #27 Amended Order,,,, Scheduling Order,,, (Newman, Robert)
December 20, 2017 Opinion or Order Filing 27 ORDER SETTING TRIAL BEFORE U.S. MAGISTRATE JUDGE AND AMENDING PRETRIAL SCHEDULING ORDER: ( Status Conference set for 8/1/2018 02:00 PM in West Palm Beach Division before Magistrate Judge Dave Lee Brannon., Jury Trial set for 8/6/2018 09:30 AM before Magistrate Judge Dave Lee Brannon., Amended Pleadings due by 1/12/2018., Discovery due by 4/2/2018., Expert Discovery due by 4/2/2018., Fact Discovery due by 4/2/2018., Joinder of Parties due by 1/12/2018., In Limine Motions due by 4/30/2018., Dispositive Motions due by 4/30/2018., Pretrial Stipulation due by 6/25/2018.) Signed by Magistrate Judge Dave Lee Brannon on 12/20/2017. (kpe) #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.
December 20, 2017 Filing 26 PAPERLESS ORDER granting #25 Unopposed Motion for Extension of Time. The parties' joint proposed scheduling plan is deemed timely filed. Signed by U.S. Magistrate Judge Dave Lee Brannon on 12/20/2017. (jrz)
December 18, 2017 Filing 25 Unopposed MOTION for Extension of Time to file Joint Proposed Pretrial Scheduling Plan and Order Referring Case to Mediation re 23 Status Conference,, by AIG Property Casualty Company. Responses due by 1/2/2018 (Attachments: #1 Exhibit A - Joint Proposed Pretrial Scheduling Plan and Order Referring Case to Mediation, #2 Exhibit B - Proposed Order)(Newman, Robert)
December 5, 2017 Opinion or Order Filing 24 ORDER SETTING DISCOVERY PROCEDURE. Signed by Magistrate Judge Dave Lee Brannon on 12/5/2017. (lk)
December 5, 2017 Filing 23 Minute Entry for proceedings held before U.S. Magistrate Judge Dave Lee Brannon: Telephonic Status Conference held on 12/5/2017. Steven Phillips, Esq. present for Plaintiff. David Lehr, Esq. and Scott Newman, Esq. present for Defendant. Pretrial scheduling matters discussed. Three-day jury trial specially set to commence on August 6, 2018. By 12:00 Noon EST on December 15, 2018, counsel shall file a jointly proposed pretrial schedule keying off this new trial setting. Amended Scheduling Order to follow. (Digital/Time in Court: 13:26:00/17 mins.)
December 1, 2017 Filing 22 REPLY to #9 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM by AIG Property Casualty Company. (Newman, Robert)
November 22, 2017 Filing 21 PAPERLESS ORDER SETTING TELEPHONIC STATUS CONFERENCE: This cause has been referred to the undersigned upon the parties' consent to U.S. Magistrate Judge jurisdiction. To facilitate matters, a telephonic status conference is set for 12/5/2017 at 1:30 p.m. At that time, the parties shall call (888) 808-6929 and enter access code 2036573. Counsel should confer and be prepared to briefly discuss: (1) an estimate of the time required for trial, (2) proposed trial dates, (3) any proposed changes to the current pretrial schedule, and (4) the available option of having a settlement conference before U.S. Magistrate Judge William Matthewman. Signed by U.S. Magistrate Judge Dave Lee Brannon on 11/22/2017. (jrz)
November 22, 2017 Filing 20 PAPERLESS ORDER granting #19 Defendant's Unopposed Motion for Extension of Time. Defendant's reply in support of its pending Motion to Dismiss #9 shall be filed by Friday, December 1, 2017. Signed by U.S. Magistrate Judge Dave Lee Brannon on 11/22/2017. (jrz)
November 21, 2017 Filing 19 Defendant's MOTION for Extension of Time to File Response/Reply/Answer as to #16 Response in Opposition to Motion, #9 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM by AIG Property Casualty Company. (Attachments: #1 Exhibit Proposed Order)(Newman, Robert)
November 20, 2017 Filing 18 Case reassigned to Magistrate Judge Dave Lee Brannon. (lk)
November 17, 2017 Opinion or Order Filing 17 ORDER REFERRING CASE to Magistrate Judge Magistrate Brannon for all further proceedings including entry of Judgment and post-Judgment proceedings. Signed by Judge Donald M. Middlebrooks on 11/17/2017. (lk)
November 17, 2017 Filing 16 RESPONSE in Opposition re #9 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM filed by Kenneth M. Hunter. Replies due by 11/24/2017. (Currier, Romin)
November 8, 2017 Filing 15 Joint Notice and Consent to Jurisdiction US Magistrate Judge signed by all parties . Filed by AIG Property Casualty Company (Newman, Robert)
November 8, 2017 Filing 14 Joint SCHEDULING REPORT - Rule 26(f) by AIG Property Casualty Company (Newman, Robert)
November 8, 2017 Filing 13 Corporate Disclosure Statement by AIG Property Casualty Company identifying Corporate Parent American International Group, Inc., Other Affiliate AIUH LLC, Other Affiliate AIG Property Casualty U.S., Inc., Other Affiliate AIG Property Casualty Company, Inc. for AIG Property Casualty Company (Newman, Robert)
November 8, 2017 Filing 12 NOTICE of Attorney Appearance by David Jonathan Lehr on behalf of AIG Property Casualty Company. Attorney David Jonathan Lehr added to party AIG Property Casualty Company(pty:dft). (Lehr, David)
November 6, 2017 Set/Reset Deadlines/Hearings as per DE 11 re #9 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM . Responses due by 11/17/2017 (lk)
November 3, 2017 Opinion or Order Filing 11 ENDORSED ORDER granting #10 Motion for Extension of Time. Any response to the Motion to Dismiss 8 is due November 17, 2017. Signed by Judge Donald M. Middlebrooks on 11/3/2017. (kcr)
November 3, 2017 Filing 10 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #9 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM by Kenneth M. Hunter. (Attachments: #1 Exhibit A)(Phillips, Steven)
October 23, 2017 Filing 9 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM by AIG Property Casualty Company. Responses due by 11/6/2017 (Newman, Robert)
October 18, 2017 Set/Reset Answer Due Deadline: AIG Property Casualty Company response due 10/21/2017. SEE DE 8 ORDER (ail)
October 17, 2017 Opinion or Order Filing 8 ENDORSED ORDER granting #7 Motion for Extension of Time. The response to the Complaint is due October 21, 2017. Signed by Judge Donald M. Middlebrooks on 10/17/2017. (kcr)
October 11, 2017 Filing 7 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, by AIG Property Casualty Company. (Attachments: #1 Text of Proposed Order)(Newman, Robert)
October 11, 2017 Filing 6 NOTICE of Attorney Appearance by Robert Scott Newman on behalf of AIG Property Casualty Company. Attorney Robert Scott Newman added to party AIG Property Casualty Company(pty:dft). (Newman, Robert)
October 6, 2017 Opinion or Order Filing 5 PRETRIAL SCHEDULING ORDER AND ORDER REFERRING CASE TO MEDIATION: Status Conference set for 5/23/2018 at 1:15 PM before Judge Donald M. Middlebrooks., Amended Pleadings due by 10/31/2017., Discovery due by 3/6/2018., Joinder of Parties due by 10/31/2017., In Limine Motions due by 3/20/2018., Dispositive Motions due by 3/20/2018., Motions due by 3/20/2018., Pretrial Stipulation due by 5/1/2018. Signed by Magistrate Judge Dave Lee Brannon on 10/5/2017. (ail) #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.
October 4, 2017 Opinion or Order Filing 4 ORDER REFERRING CASE AND SETTING TRIAL DATE - Calendar Call set for 5/23/2018 at 1:15 PM in West Palm Beach Division before Judge Donald M. Middlebrooks., Jury Trial set for 5/29/2018 at 9:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks Signed by Judge Donald M. Middlebrooks on 10/3/2017. (ail)
September 18, 2017 Filing 3 Summons Issued as to AIG Property Casualty Company. (ail)
September 7, 2017 Filing 2 Clerks Notice of Judge Assignment to Judge Donald M. Middlebrooks and Magistrate Judge Dave Lee Brannon. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Dave Lee Brannon 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. (ail)
September 7, 2017 Filing 1 COMPLAINT against AIG PROPERTY CASUALTY COMPANY, f/k/a Chartis Property Casualty Company, a/s/o Signature Property Investments LLC, a Pennsylvania corporation. Filing fees $ 400.00 receipt number 113C-10029508, filed by Kenneth M. Hunter. (Attachments: #1 Exhibit "A", #2 Exhibit "B", #3 Civil Cover Sheet, #4 Summon(s))(Phillips, Steven)

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Defendant: AIG Property Casualty Company
Represented By: David Jonathan Lehr
Represented By: Robert Scott Newman
Represented By: Rosemary Balanky Wilder
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Defendant: Chartis Property Casualty Company
Represented By: David Jonathan Lehr
Represented By: Robert Scott Newman
Represented By: Rosemary Balanky Wilder
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Plaintiff: Kenneth M. Hunter
Represented By: Romin N. Currier
Represented By: James Scott Telepman
Represented By: Steven Brian Phillips
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