Vogel et al v. Velocity Claims, LLC et al
| Bernard H. Vogel and Alyce Vogel |
| Velocity Claims, LLC, Velocity Risk Underwriters, LLC, Weichert Insurance Agency, Inc. and National Specialty Insurance Company |
| 9:2019cv80243 |
| February 19, 2019 |
| US District Court for the Southern District of Florida |
| Dave Lee Brannon |
| Donald M Middlebrooks |
| Insurance |
| 28 U.S.C. ยง 1332 |
| Defendant |
Docket Report
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This docket was last retrieved on March 12, 2019. A more recent docket listing may be available from PACER.
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| Filing 12 ACKNOWLEDGMENT OF RECEIPT as to #11 Transmittal Letter Sent (vmz) |
| Filing 11 Transmittal Letter Sent with Order Closing Case to: 15th Judicial Circuit in and for Palm Beach County, FL. State Court Case Number: 50-02019-CA-000875-XXX-MB (mc) |
Filing 10
ORDER CLOSING CASE re #8 Defendant National Specialty Insurance Company's Notice of Dismissal of the Notice of Removal. The action is REMANDED to the Circuit Court of the Fifteenth Judicial Circuit in and for Palm Beach County, Florida. The Clerk of Court shall CLOSE this case in this District. All pending motions are DENIED as MOOT. Signed by Judge Donald M. Middlebrooks on 2/28/2019. See attached document for full details. (mc)
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| Filing 9 NOTICE by National Specialty Insurance Company, Velocity Claims, LLC, Velocity Risk Underwriters, LLC, Weichert Insurance Agency, Inc. re #1 Notice of Removal (State Court Complaint),, Dismissal of the Notice of Removal (Henry, Brian) |
| Filing 8 Defendant's MOTION TO DISMISS #1 Notice of Removal (State Court Complaint),, FOR FAILURE TO STATE A CLAIM by National Specialty Insurance Company, Velocity Claims, LLC, Velocity Risk Underwriters, LLC, Weichert Insurance Agency, Inc.. Responses due by 3/11/2019 (Henry, Brian) |
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Filing 7
PAPERLESS ORDER. Defendants allege that this Court has jurisdiction over this case based on diversity. Defendants' allegations, however, fail to plead diversity. Defendants allege that Defendant Velocity Risk Underwriters, LLC ("VRU") is a "limited liability corporation." Defendants allege that Defendant Velocity Claims is both a "limited liability company" and a "limited liability corporation." For both VRU and Velocity Claims, Defendants allege the location of those Defendants' state of incorporation and principal place of business. It is unclear, however, whether Defendants Velocity Claims and VRU are corporations or limited liability companies. If they are corporations, the allegations pled would suffice to show diversity. See 28 U.S.C. 1332 (c)(1). If, however, Defendants Velocity Claims and VRU are limited liability companies, Defendants would need to prove the citizenships of all the members of the limited liability companies. Rolling Greens MHP, L.P. v. Comcast SCH Holdings L.L.C, 374 F.3d 1020, 1022 (11th Cir. 2004). Without clarity on the form of Defendants Velocity Claims and VRU's corporate entities, the Court cannot determine whether the allegations contained in the Notice of Removal are sufficient to plead diversity. Accordingly, Defendant shall file an amended notice of removal by February 28, 2019, curing all deficiencies in the diversity allegations, or alternatively file a notice of dismissal by that date. Signed by Judge Donald M. Middlebrooks on 2/22/2019. (sfr)
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| Filing 6 Statement of: Rule 7.1 Corporate Disclosure by Weichert Insurance Agency, Inc. (Henry, Brian) |
| Filing 5 Statement of: Rule 7.1 Corporate Disclosure by National Specialty Insurance Company (Henry, Brian) |
| Filing 4 Statement of: Rule 7.1 Corporate Disclosure by Velocity Claims, LLC (Henry, Brian) |
| Filing 3 Statement of: Rule 7.1 Corporate Disclosure by Velocity Risk Underwriters, LLC (Henry, Brian) |
| 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. (ebz) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Complaint for Declaratory Relief and Damages) Filing fee $ 400.00 receipt number 113C-11404934, filed by Weichert Insurance Agency, Inc., National Specialty Insurance Company, Velocity Claims, LLC, Velocity Risk Underwriters, LLC. No Motion to Dismiss and/or Answer has been attached. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A - State Complaint, #3 Exhibit B - Index of Record, #4 Exhibit C - State Notice of Removal, #5 Exhibit Notice of Appearance)(Henry, Brian) Modified on 2/20/2019 (ebz). |
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