730 Whitmore, LLC v. Scottsdale Insurance Company
| 730 Whitmore, LLC |
| Scottsdale Insurance Company |
| 9:2019cv80734 |
| June 5, 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 August 1, 2019. A more recent docket listing may be available from PACER.
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Filing 13
ORDER REFERRING CASE AND SETTING TRIAL DATE: ( Jury Trial set for 3/16/2020 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks., Calendar Call set for 3/11/2020 01:15 PM before Judge Donald M. Middlebrooks.). Signed by Judge Donald M. Middlebrooks on 8/1/2019. See attached document for full details. (drz) #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.
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| Filing 12 Certificate of Other Affiliates/Corporate Disclosure Statement by Scottsdale Insurance Company identifying Corporate Parent Nationwide Insurance Company for Scottsdale Insurance Company (Seale, Nyasha) |
| Filing 11 NOTICE of Mediator Selection and Hearing. Added Richard D. Eade. Mediation Hearing set for 8/1/2019 at 9:00 a.m.. (Attachments: #1 Text of Proposed Order)(Seale, Nyasha) |
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Filing 10
ORDER granting in part and denying in part #8 Expedited Motion for Settlement Conference and Consolidation. Signed by Judge Donald M. Middlebrooks on 7/9/2019. See attached document for full details. (drz)
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| Filing 9 ANSWER and Affirmative Defenses to Amended Complaint with Jury Demand by Scottsdale Insurance Company. (Seale, Nyasha) |
| Filing 8 Joint EXPEDITED MOTION For Settlement Conference and Motion for Consolidation by Scottsdale Insurance Company. (Seale, Nyasha) |
| Filing 7 AMENDED COMPLAINT against Scottsdale Insurance Company filed in response to Order Granting Motion for Leave, filed by 730 Whitmore, LLC. (Attachments: #1 Exhibit EXHIBIT A part i, #2 Exhibit EXHIBIT A Part II, #3 Exhibit EXHIBIT B, #4 Exhibit Exhibit C)(Ittleman, Geoffrey) |
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Filing 6
PAPERLESS ORDER. Plaintiff alleges this Court has jurisdiction over this case based on diversity. However, the allegations fail to plead diversity. See Travaglio v. Am. Exp. Co, 735 F.3d 1266, 1268 (11th Cir. 2013) (noting that when a plaintiff files suit in federal court, she must allege facts that, if true, show federal subject matter jurisdiction over her case exists). Specifically, the party asserting diversity must prove the citizenships of all the members of a limited liability company and all partners of a limited partnership. Rolling Greens MHP, L.P. v. Comcast SCH Holdings L.L.C, 374 F.3d 1020, 1022 (11th Cir. 2004). Plaintiff must also allege the place of incorporation and the principal place of business of Defendant, which is identified only as "a foreign corporation." See 28 U.S.C. 1332(c)(1). Plaintiff shall file an amended complaint by July 3, 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 6/26/2019. (mbt)
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| Filing 5 NOTICE of Attorney Appearance by Nyasha Simone Seale on behalf of Scottsdale Insurance Company. Attorney Nyasha Simone Seale added to party Scottsdale Insurance Company(pty:dft). (Seale, Nyasha) |
| Filing 4 NOTICE by 730 Whitmore, LLC re #1 Complaint,, #3 Summons Issued (Ittleman, Geoffrey) |
| Filing 3 Summons Issued as to Scottsdale Insurance Company. (ar2) |
| 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. (ar2) |
| Filing 1 COMPLAINT for damages and demand for trial by jury against Scottsdale Insurance Company. Filing fees $ 400.00. Pay.gov Agency Tracking ID 113C-11702374, payment transferred from 9:19-cv-80733 : 730 Whitmore vs Scottsdale Insurance Company, filed by 730 Whitmore LLC. (Attachments: #1 Civil Cover Sheet civil cover sheet, #2 Summon(s) summons, #3 Exhibit EXHIBIT A Part I, #4 Exhibit EXHIBIT A Part II, #5 Exhibit EXHIBIT B, #6 Exhibit EXHIBIT C)(Ittleman, Geoffrey) Modified text on 6/13/2019 to reflect correct transferred from case number (bb). |
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| Defendant: Scottsdale Insurance Company | |
| Represented By: | Nyasha Simone Seale |
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| Plaintiff: 730 Whitmore, LLC | |
| Represented By: | Geoffrey David Ittleman |
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