Sabal Point Apartments Association, Inc. v. QBE Insurance Corporation
| Sabal Point Apartments Association, Inc. |
| QBE Insurance Corporation |
| 9:2020cv80162 |
| February 4, 2020 |
| US District Court for the Southern District of Florida |
| Dave Lee Brannon |
| Donald M Middlebrooks |
| Insurance |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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| Filing 19 STATUS REPORT JOINT - PER D.E.17 by QBE Insurance Corporation (Bain, Catherine) |
Filing 18
ORDER SETTING DISCOVERY PROCEDURE. Signed by Magistrate Judge Dave Lee Brannon on 3/18/2020. See attached document for full details. (mc)
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| Filing 17 PAPERLESS ORDER SETTING TELEPHONIC STATUS CONFERENCE: Upon the parties' consent to U.S. Magistrate Judge jurisdiction, a telephonic status conference is set for 1:30 P.M. on Wednesday, April 8, 2020. At that time, counsel for the parties shall call (888) 808-6929 from a landline and enter access code 2036573. By or before March 30, 2020, counsel shall file a Joint Status Report with a brief overview of the case, an estimate of the time required for trial, the likelihood of settlement, and proposed dates for trial and corresponding pretrial deadlines. Due to COVID-19, the Court expresses its willingness to be flexible with any upcoming deadlines and encourages the parties to work together in a good faith effort to move this case along as expeditiously as possible under the circumstances. Signed by U.S. Magistrate Judge Dave Lee Brannon on 3/18/2020. (jrz) |
| Hearing(s) terminated re: DE#4 as to prior presider. (jmd) |
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Filing 16
ORDER OF REFERENCE to Magistrate Judge Dave Lee Brannon for Trial. Judge Donald M. Middlebrooks no longer assigned as presider judge in case. Signed by Judge Donald M. Middlebrooks on 3/17/2020. See attached document for full details. (kpe)
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| Filing 15 Joint Notice and Consent to Jurisdiction US Magistrate Judge signed by all parties . Filed by QBE Insurance Corporation (Bain, Catherine) |
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Filing 14
PRETRIAL SCHEDULING ORDER AND ORDER REFERRING CASE TO MEDIATION: ( Amended Pleadings due by 3/20/2020., Discovery due by 6/29/2020., Joinder of Parties due by 3/20/2020., In Limine Motions due by 7/13/2020., Dispositive Motions due by 7/13/2020., Motions due by 7/13/2020., Pretrial Stipulation due by 8/17/2020.) Signed by Magistrate Judge Dave Lee Brannon on 3/5/2020. See attached document for full details. (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.
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| Filing 13 PAPERLESS MINUTE ENTRY for proceedings held before U.S. Magistrate Judge Dave Lee Brannon: Telephonic Scheduling Conference held on 3/5/2020. Attorney Appearances: Theodore Corless, Esq. for Plaintiff | | Deborah Bain, Esq. for Defendant. Pretrial and scheduling matters discussed. Counsel advise that notice of consent to U.S. Magistrate Judge jurisdiction is forthcoming. Scheduling Order to follow. (Digital: 14:59:46 | | 10 mins.) (jrz) |
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Filing 12
PAPERLESS ORDER denying #9 the Parties' Joint Motion to Continue. This case is set for the two-week trial period beginning on September 14, 2020. (DE #4 ). In the present Motion, the Parties first ask that I continue the trial date because counsel for both Parties have other trials scheduled for September 14th. Rescheduling the trial because of those conflicts would be premature. If it becomes clear that this case and the cases cited in the Motion will all be proceeding to trial, the Parties may renew their Motion. The Parties also request to modify the trial date because according to them, the current schedule does not provide them with enough time to adequately complete discovery. The Scheduling Order may be modified only "upon a showing of good cause." Fed. R. Civ. P. 16(b)(4). "This good cause standard precludes modification unless the schedule cannot 'be met despite the diligence of the party seeking the extension.'" Sosa v. Airprint Sys., Inc., 133 F.3d 1417, 1418 (11th Cir. 1998) (citing Fed. R. Civ. P. 16 advisory committee's note). The Motion only alleges in a conclusory manner that the Parties anticipate that they will be unable to complete discovery if the current trial schedule is maintained. However, the Motion fails to indicate what discovery, if any, has occurred and any obstacles the Parties expect to encounter throughout discovery that prevents them from complying with the current schedule. Accordingly, the Motion is denied. The Parties are reminded that they may consent to the jurisdiction of United States Magistrate Judge Dave Lee Brannon, who generally allows the Parties great flexibility in setting the course and schedule. Signed by Judge Donald M. Middlebrooks on 3/5/2020. (jdr)
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| Filing 11 NOTICE of Attorney Appearance by Mary Catherine Lamoureux on behalf of Sabal Point Apartments Association, Inc.. Attorney Mary Catherine Lamoureux added to party Sabal Point Apartments Association, Inc.(pty:pla). (Lamoureux, Mary) |
| Filing 10 NOTICE of Attorney Appearance by Theodore Anthony Corless on behalf of Sabal Point Apartments Association, Inc. (Corless, Theodore) |
| Filing 9 Joint MOTION to Continue /for Modification of Trial Date re #4 Order Referring Case to Magistrate Judge,,, Scheduling Order,, by QBE Insurance Corporation. Responses due by 3/18/2020 (Bain, Catherine) |
| Filing 8 NOTICE OF UNAVAILABILITY by QBE Insurance Corporation for dates of 7/22/2020 to 7/27/2020 and 10/7/2020 to 10/26/2020 (Bain, Catherine) |
| Filing 7 Joint SCHEDULING REPORT - Rule 16.1 by QBE Insurance Corporation (Bain, Catherine) |
| Filing 6 NOTICE by QBE Insurance Corporation of Filing Supplement to State Court Record (Attachments: #1 Exhibit A - Answer and Affirmative Defenses) (Bain, Catherine) |
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Filing 5
PAPERLESS ORDER SETTING TELEPHONIC SCHEDULING CONFERENCE. Telephone Conference set for March 5, 2020 at 3:00 P.M. in West Palm Beach Division before U.S. Magistrate Judge Dave Lee Brannon. At that time, the parties shall call (888) 808-6929 and enter access code 2036573. Any motions to modify the existing trial date should be filed prior to the telephonic scheduling conference. Because of the expedited nature of the conference, the parties are relieved of Local Rule 16.1(b)s conference report requirement. The parties must be prepared at their assigned time but may have to wait 10-20 minutes before their conference begins, as the Court sets multiple cases per 30-minute time slot. Signed by Magistrate Judge Dave Lee Brannon on 2/27/2020. (spe)
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Filing 4
ORDER REFERRING CASE AND SETTING TRIAL DATE: ( Jury Trial set for 9/14/2020 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks., Calendar Call set for 9/9/2020 01:15 PM before Judge Donald M. Middlebrooks.) Signed by Judge Donald M. Middlebrooks on 2/26/2020. See attached document for full details. (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.
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| Filing 3 Bar Letter re: Admissions sent to attorney Theodore A. Corless, Mary Catherine Lamouruex, mailing date February 5, 2020, (cco) |
| 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. (kpe) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Complaint) Filing fee $ 400.00 receipt number AFLSDC-12398341, filed by QBE Insurance Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Civil Cover Sheet)(Bain, Catherine) |
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