Arch Specialty Insurance Company v. Moore Underground Solutions, LLC et al
Plaintiff: Arch Specialty Insurance Company
Defendant: Abby Zimmerman, Moore Underground Solutions, LLC, Ivy H. Smith Company, LLC, BellSouth Telecommunications, LLC, Push Underground Construction, LLC and BellSouth Telecommunications, LLC doing business as AT&T Florida
Case Number: 9:2019cv81363
Filed: October 4, 2019
Court: US District Court for the Southern District of Florida
Presiding Judge: Rodney Smith
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. § 1332 Diversity-Injunctive & Declaratory Relief
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on February 24, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 24, 2020 Opinion or Order Filing 41 ORDER of Final Dismissal re #40 Joint Stipulation of Dismissal; Dismissing Action with prejudice; Case is Closed. Signed by Judge Rodney Smith on 2/24/2020. See attached document for full details. (ls)
February 21, 2020 Filing 40 STIPULATION of Dismissal with Prejudice by Arch Specialty Insurance Company (Forbes, Jessica)
February 14, 2020 Filing 39 NOTICE of Court Practice on #38 Notice of Settlement; Parties Stipulation of Dismissal due 3/13/2020; Case is Closed. Signed by Judge Rodney Smith on 2/14/2020. See attached document for full details. (ls)
February 14, 2020 Civil Case Terminated. Closing Case. (ls)
February 14, 2020 Filing 38 NOTICE of Settlement by Arch Specialty Insurance Company (Forbes, Jessica)
February 7, 2020 Opinion or Order Filing 37 Order to Show cause Requiring Joint Scheduling Report: Joint Scheduling Report due by 2/18/2020 Signed by Judge Rodney Smith on 2/7/2020. See attached document for full details. (lk)
January 31, 2020 Opinion or Order Filing 36 PAPERLESS ORDER granting in part and denying in part #35 Defendants Push Underground Construction, LLC and Ivy H. Smith Company, LLC's Third Agreed Motion for Extension of Time to Respond to Plaintiff's Amended Complaint. Defendants Push Underground Construction, LLC and Ivy H. Smith Company, LLC shall file their response to the Amended Complaint by February 18, 2020. No further extensions will be granted absent extenuating circumstances. Signed by Judge Rodney Smith on 1/31/2020. (cbn)
January 31, 2020 Filing 35 Agreed MOTION for Extension of Time to File Response/Reply/Answer as to #15 Amended Complaint by Ivy H. Smith Company, LLC, Push Underground Construction, LLC. (Heifferman, Kimberly)
January 16, 2020 Opinion or Order Filing 34 PAPERLESS ORDER granting #33 Defendants Push Underground Construction, LLC and Ivy H. Smith Company, LLC's Second Agreed Motion for Extension of Time to Respond to Plaintiff's Amended Complaint. Ivy H. Smith Company, LLC and Push Underground Construction, LLC shall file their response to the Amended Complaint by January 31, 2020. Signed by Judge Rodney Smith on 1/16/2020. (cbn)
January 16, 2020 Filing 33 Second MOTION for Extension of Time to File Response/Reply/Answer as to #15 Amended Complaint by Ivy H. Smith Company, LLC, Push Underground Construction, LLC. (Attachments: #1 Text of Proposed Order)(Heifferman, Kimberly)
December 23, 2019 Opinion or Order Filing 32 PAPERLESS ORDER granting #31 Defendants Push Underground Construction, LLC and Ivy H. Smith Company, LLC's Agreed Motion for Extension of Time to Respond to Plaintiff's Amended Complaint. Defendants Push Underground Construction, LLC and Ivy H. Smith Company, LLC shall file their response to the Amended Complaint by January 21, 2020. Signed by Judge Rodney Smith on 12/23/2019. (cbn)
December 23, 2019 Filing 31 Agreed MOTION for Extension of Time to File Response/Reply/Answer as to #15 Amended Complaint by Ivy H. Smith Company, LLC, Push Underground Construction, LLC. Attorney Kimberly Sarah Heifferman added to party Ivy H. Smith Company, LLC(pty:dft), Attorney Kimberly Sarah Heifferman added to party Push Underground Construction, LLC (pty:dft). (Attachments: #1 Text of Proposed Order)(Heifferman, Kimberly)
December 18, 2019 Filing 30 Clerks Notice to Filer re #27 Summons Returned Executed,. Incorrect Service Date Entered; ERROR - The incorrect service date was entered. The correction was made by the Clerk and filing was re-docketed, see DE# 29 . It is not necessary to refile this document. (jas)
December 18, 2019 Filing 29 SUMMONS (Affidavit) Returned Executed on #15 Amended Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Arch Specialty Insurance Company. Push Underground Construction, LLC served on 12/6/2019, answer due 12/27/2019. (See DE#27 for image). (jas)
December 18, 2019 Filing 28 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Arch Specialty Insurance Company. Ivy H. Smith Company, LLC served on 12/4/2019, answer due 12/26/2019. (Forbes, Jessica)
December 18, 2019 Filing 27 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Arch Specialty Insurance Company. Push Underground Construction, LLC served on 12/4/2019, answer due 12/26/2019. (Forbes, Jessica)
December 17, 2019 Filing 26 Summons Issued as to Moore Underground Solutions, LLC. (jas)
December 16, 2019 Filing 25 NOTICE of Filing Proposed Summons(es) by Arch Specialty Insurance Company (Forbes, Jessica)
December 16, 2019 Opinion or Order Filing 24 PAPERLESS ORDER granting #21 Plaintiff Arch Specialty Insurance Company's Motion for Leave to Extend the Court's Deadline to File a Proposed Scheduling Order, Certificates of Interested Parties and Corporate Disclosure Statements, and Election to Jurisdiction by a Magistrate Judge for Final Disposition of Motions. The parties shall file their Joint Scheduling Report, Certificates of Interested Parties, Corporate Disclosure Statements, and Election to Jurisdiction by a Magistrate Judge for Final Disposition of Motions by February 4, 2020. Signed by Judge Rodney Smith on 12/16/2019. (cbn)
December 16, 2019 Filing 23 Clerks Notice to Filer re #22 Certificate of Other Affiliates/Corporate Disclosure Statement. Parties Not Added; ERROR - The Filer failed to add all parties from the complaint/petition/removal, etc. or the mediator. Filer is instructed to file a Notice of Entry of Parties Listed into CM/ECF and add the additional parties. (jas)
December 16, 2019 Filing 22 Certificate of Other Affiliates/Corporate Disclosure Statement by Abby Zimmerman (Smith, Michael)
December 16, 2019 Filing 21 First MOTION for Extension of Time to file Proposed Scheduling Order re #10 Order Requiring Joint Scheduling Report, by Arch Specialty Insurance Company. Responses due by 12/30/2019 (Forbes, Jessica)
December 12, 2019 Filing 20 Zimmerman's ANSWER and Affirmative Defenses to Amended Complaint with Jury Demand by Abby Zimmerman. (Smith, Michael)
December 2, 2019 Filing 19 Summons Issued as to BellSouth Telecommunications, LLC, Ivy H. Smith Company, LLC, Push Underground Construction, LLC. (jas)
December 2, 2019 Filing 18 NOTICE of Filing Proposed Summons(es) by Arch Specialty Insurance Company (Attachments: #1 Summon(s), #2 Summon(s), #3 Summon(s)) (Forbes, Jessica)
December 2, 2019 Opinion or Order Filing 17 PAPERLESS ORDER granting #16 Plaintiff Arch Specialty Insurance Company's Motion for Leave to Extend the Court's Deadline to File the Amended Complaint and/or Deem the Amended Complaint as Filed on December 2, 2019. Signed by Judge Rodney Smith on 12/2/2019. (cbn)
December 2, 2019 Filing 16 Second MOTION for Extension of Time to file first amended complaint re 14 Order on Motion for Leave to File, by Arch Specialty Insurance Company. Responses due by 12/16/2019 (Forbes, Jessica)
December 2, 2019 Filing 15 First AMENDED COMPLAINT against All Defendants filed in response to Order Granting Motion for Leave, filed by Arch Specialty Insurance Company. (Attachments: #1 Exhibit A and B)(Forbes, Jessica)
November 22, 2019 Opinion or Order Filing 14 PAPERLESS ORDER granting #13 Plaintiff Arch Specialty Insurance Company's Amended Motion for Leave to File First Amended Complaint. Plaintiff shall separately re-file the amended pleading by November 26, 2019. Signed by Judge Rodney Smith on 11/22/2019. (cbn)
November 21, 2019 Filing 13 Amended MOTION for Leave to File First Amended Complaint by Arch Specialty Insurance Company. (Attachments: #1 Exhibit)(Forbes, Jessica)
November 21, 2019 Opinion or Order Filing 12 PAPERLESS ORDER denying without prejudice #11 Plaintiff Arch Specialty Insurance Company's Motion for Leave to File First Amended Complaint. Plaintiff failed to comply with Local Rule 7.1(a)(3). Signed by Judge Rodney Smith on 11/21/2019. (cbn)
November 18, 2019 Filing 11 MOTION for Leave to File First Amended Complaint by Arch Specialty Insurance Company. (Attachments: #1 Exhibit 1)(Forbes, Jessica)
October 28, 2019 Opinion or Order Filing 10 ORDER REQUIRING JOINT SCHEDULING REPORT, CERTIFICATES OF INTERESTED PARTIES AND CORPORATE DISCLOSURE STATEMENTS Joint Scheduling Report due by 12/16/2019 Signed by Judge Rodney Smith on 10/28/2019. See attached document for full details. (ebz)
October 28, 2019 Filing 9 ANSWER and Affirmative Defenses to Complaint with Jury Demand by Abby Zimmerman. Attorney Michael Stephen Smith added to party Abby Zimmerman(pty:dft). (Smith, Michael)
October 7, 2019 Filing 8 Summons Issued as to Moore Underground Solutions, LLC, Abby Zimmerman. (Attachments: #1 Summon(s))(ebz)
October 7, 2019 Filing 6 Notice of Compliance of Filing Fees $400.00, receipt number 113C-12041669 re 5 Clerks Notice to Filer re: Electronic Case (Forbes, Jessica)
October 7, 2019 Filing 5 Clerks Notice to Filer re: Electronic Case. Filing fees not paid. Filer is instructed to file a Notice of Compliance of Filing Fee, and electronically pay the correct fees of $400.00 within 24 hours of this notice. (jua)
October 4, 2019 Filing 7 Clerks Notice to Filer re: Electronic Case. Filing fees not paid. Filer is instructed to file a Notice of Compliance of Filing Fee, and electronically pay the correct fees of $400.00 within 24 hours of this notice. (ebz)
October 4, 2019 Filing 4 Clerks Notice to Filer re: Summons(es) cannot be issued. The filing fee has not been paid (ebz)
October 4, 2019 Filing 3 Clerks Notice to Filer re: Summons(es) cannot be issued. The motion to proceed in forma pauperis is pending (ebz)
October 4, 2019 Filing 2 Clerks Notice of Judge Assignment to Judge Rodney Smith. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge William Matthewman 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)
October 4, 2019 Filing 1 COMPLAINT for declaratory relief against Moore Underground Solutions, LLC, Abby Zimmerman. Filing fees $ 400.00. IFP Filed, filed by Arch Specialty Insurance Company. (Attachments: #1 Exhibit Exhibit A to Complaint for Dec Relief, #2 Exhibit Exhibit B to Complaint for Dec Relief, #3 Civil Cover Sheet, #4 Summon(s) Summons to Abby Zimmerman, #5 Summon(s) Summons to Moore Underground)(Forbes, Jessica)

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Defendant: Abby Zimmerman
Represented By: Michael Stephen Smith
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Defendant: Moore Underground Solutions, LLC
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Defendant: Ivy H. Smith Company, LLC
Represented By: Kimberly Sarah Heifferman
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Defendant: BellSouth Telecommunications, LLC
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Defendant: Push Underground Construction, LLC
Represented By: Kimberly Sarah Heifferman
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Defendant: BellSouth Telecommunications, LLC doing business as AT&T Florida
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Plaintiff: Arch Specialty Insurance Company
Represented By: Seth Victor Alhadeff
Represented By: Jessica Sarah Forbes
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