Castelly v. United of Omaha Life Insurance Company, et al
| Sauvens Castelly |
| Symmetry Financial Group LLC, Steven Hazel and United of Omaha Life Insurance Company, |
| 9:2020cv80489 |
| March 24, 2020 |
| US District Court for the Southern District of Florida |
| Dave Lee Brannon |
| Donald M Middlebrooks |
| Insurance |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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| Filing 35 NOTICE of Compliance by Sauvens Castelly re #22 Scheduling Order,,,, Order Referring Case to Mediation,,, (Stahl, Geoffrey) |
| Filing 34 REPLY to #27 Response in Support of Motion to Dismiss and Incorporated Memorandum of Law by Sauvens Castelly. (Stahl, Geoffrey) |
Filing 33
PAPERLESS ORDER granting #31 Plaintiff's Motion for Leave to File Sur-reply. Plaintiff seeks to file a 5-page Sur-reply to Defendants' Motion to Dismiss (DE #13 ). "A district court's decision to permit the filing of a Sur-reply is purely discretionary and should generally only be allowed when a valid reason for such additional briefing exists, such as where the movant raises new arguments in its reply brief." First Specialty Ins. Corp. v. 633 Partners, Ltd., 300 Fed. Appx. 777, 788 (11th Cir. 2008) (quotation omitted). As Plaintiff seeks to clarify a relatively narrow issue, I find that a valid reason exists to allow a sur-reply. Accordingly, Plaintiff shall file its Sur-reply on or before May 11, 2020. Signed by Judge Donald M. Middlebrooks on 5/8/2020. (gts)
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| Filing 32 NOTICE of Mediator Selection. Selected/Added David H. Lichter as Mediator. (Stahl, Geoffrey) |
| Filing 31 Plaintiff's MOTION for Leave to File Short Surreply to Defendant United of Omaha Life Insurance Company's Reply in Support of its Motion to Dismiss and Incorporated Memorandum of Law [DE27] by Sauvens Castelly. (Attachments: #1 Exhibit)(Stahl, Geoffrey) |
| Filing 30 Plaintiff's REPLY to #26 Response in Opposition to Motion, by Sauvens Castelly. (Attachments: #1 Exhibit)(Stahl, Geoffrey) |
| Filing 29 Defendant's REPLY to #23 Response to Motion to Dismiss for Lack of Personal Jurisdiction by Symmetry Financial Group LLC. (Attachments: #1 Exhibit 1 - Affidavit of Doug Zeh)(Rothman, Steven) |
| Filing 28 ANSWER and Affirmative Defenses to Complaint re the Notice of Removal by Steven Hazel. (Spotts, Michael) |
| Filing 27 RESPONSE in Support re #13 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM and Incorporated Memorandum of Law filed by United of Omaha Life Insurance Company,. (Furman, Wendy) |
| Filing 26 RESPONSE in Opposition re #14 Plaintiff's MOTION to Remand , #12 Endorsed MOTION to Remand to State Court filed by United of Omaha Life Insurance Company,. Replies due by 5/8/2020. (Attachments: #1 Exhibit A Docket for Estlow v. UNUM Life Ins.)(Furman, Wendy) |
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Filing 25
PAPERLESS ORDER granting in part #21 Defendant Steven Hazel's Motion for Extension of Time. Defendant Hazel seeks an extension of the deadline to respond to Plaintiff's Complaint. He states in support that additional time is needed due to two pending Motions to Dismiss (DE #7 ; DE #13 ) and two pending Motions to Remand (DE #12 ; DE #14 ), all of which could potentially obviate the need for him to respond to Plaintiff's Complaint. However, parties are frequently required to proceed with litigation despite the pendency of dispositive motions. Therefore, I find that it is not appropriate to grant the requested relief. However, I will grant Defendant Hazel a brief extension of time in which to prepare his response. Accordingly, Defendant Hazel shall respond to Plaintiff's Complaint on or before May 15, 2020. Signed by Judge Donald M. Middlebrooks on 4/29/2020. (gts)
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| Reset Deadlines Steven Hazel answer due 5/15/2020 Per DE#25. (cqs) |
| Filing 24 RESPONSE to Motion re #13 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM filed by Sauvens Castelly. Replies due by 5/5/2020. (Attachments: #1 Exhibit, #2 Exhibit)(Stahl, Geoffrey) |
| Filing 23 RESPONSE to Motion re #7 Defendant's MOTION to Dismiss for Lack of Jurisdiction #1 Notice of Removal (State Court Complaint), filed by Sauvens Castelly. Replies due by 5/5/2020. (Stahl, Geoffrey) |
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Filing 22
PRETRIAL SCHEDULING ORDER AND ORDER REFERRING CASE TO MEDIATION: ( Amended Pleadings due by 6/1/2020., Discovery due by 9/21/2020., Joinder of Parties due by 6/1/2020., In Limine Motions due by 10/5/2020., Dispositive Motions due by 10/5/2020., Motions due by 10/5/2020., Pretrial Stipulation due by 11/9/2020., Jury Trial set for 12/7/2020 09:00 AM before Judge Donald M. Middlebrooks., Calendar Call set for 12/2/2020 01:15 PM before Judge Donald M. Middlebrooks.), ORDER REFERRING CASE to Mediation. Signed by Magistrate Judge Dave Lee Brannon on 4/24/2020. See attached document for full details. (cds) #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 21 MOTION for Extension of Time to File Response/Reply/Answer by Steven Hazel. (Spotts, Michael) |
| Filing 20 Joint SCHEDULING REPORT - Rule 16.1 by Sauvens Castelly (Stahl, Geoffrey) |
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Filing 19
ORDER REFERRING CASE AND SETTING TRIAL DATE: ( Jury Trial set for 12/7/2020 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks., Calendar Call set for 12/2/2020 01:15 PM before Judge Donald M. Middlebrooks.), ORDER REFERRING CASE to Magistrate Judge Dave L. Brannon for Scheduling Order. Signed by Judge Donald M. Middlebrooks on 4/22/2020. See attached document for full details. (cds) #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 18
PAPERLESS ORDER granting #15 Motion for Extension of Time. Plaintiff seeks an extension of time to respond to Defendant Symmetry's Motion to Dismiss (DE #7 ) and states in support that this deadlines was inadvertently missed due to complications in the transition to working remotely. I find good cause to grant the requested relief. Accordingly, Plaintiff shall respond to Defendant Symmetry's Motion to Dismiss on or before April 28, 2020. No further extensions of this deadline shall be granted absent a compelling showing of good cause. Signed by Judge Donald M. Middlebrooks on 4/22/2020. (gts)
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Filing 17
PAPERLESS ORDER granting #16 Motion for Leave to File Consolidated Response. Both Defendant Steven Hazel and Plaintiff Sauvens Castelly have filed Motions to Remand. (DE #12 ; DE #14 ). Defendant United of Omaha Life Insurance Company seeks leave to file a single, consolidated response to both motions on or before May 1, 2020. I find good cause to grant the requested relief. Accordingly, on or before May 1, 2020, Defendant United of Omaha Life Insurance Company shall file a consolidated response to Defendant Hazel and Plaintiff Castelly's Motions to Remand. Defendant United of Omaha Life Insurance Company is advised that in drafting its response, it must place a special emphasis on organization, making clear at all times whether it is addressing an argument made by one party, or both. As it is not appropriate for a plaintiff and defendant to file jointly, Defendant Hazel and Plaintiff Castelly must each file a separate reply. Signed by Judge Donald M. Middlebrooks on 4/22/2020. (gts)
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| Filing 16 Unopposed MOTION for Leave to File One, Consolidated Response To Defendant Steven Hazels Motion To Remand And Plaintiff Sauvens Castellys Motion To Remand by United of Omaha Life Insurance Company,. (Attachments: #1 Text of Proposed Order)(Nieto, Andrea) |
| Filing 15 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #7 Defendant's MOTION to Dismiss for Lack of Jurisdiction #1 Notice of Removal (State Court Complaint), by Sauvens Castelly. (Stahl, Geoffrey) |
| Filing 14 Plaintiff's MOTION to Remand by Sauvens Castelly. (Stahl, Geoffrey) |
| Filing 13 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM by United of Omaha Life Insurance Company,. Responses due by 4/28/2020 (Furman, Wendy) |
| Filing 12 Endorsed MOTION to Remand to State Court by Steven Hazel. (Attachments: #1 Exhibit A)(Spotts, Michael) |
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Filing 11
ORDER Granting #10 Motion for Substitution of Counsel. Attorney Michael K Spotts added. Attorney Randall Anthony Fischer terminated. Signed by Judge Donald M. Middlebrooks on 4/9/2020. See attached document for full details. (cds)
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| Filing 10 STIPULATED MOTION for Substitution of Counsel. Substituting Michael Kevin Spotts for Randall Fischer by Steven Hazel. Responses due by 4/22/2020 (Spotts, Michael) |
| Filing 9 STIPULATED MOTION for Substitution of Counsel. Substituting Michael Kevin Spotts for Randall Fischer by Steven Hazel. Responses due by 4/22/2020 (Attachments: #1 Text of Proposed Order)(Spotts, Michael) |
| Filing 8 Defendant's Corporate Disclosure Statement by Symmetry Financial Group LLC (Rothman, Steven) |
| Filing 7 Defendant's MOTION to Dismiss for Lack of Jurisdiction #1 Notice of Removal (State Court Complaint), by Symmetry Financial Group LLC. Responses due by 4/14/2020 (Attachments: #1 Affidavit by Doug Zeh, Symmetry)(Rothman, Steven) |
| Filing 6 NOTICE of Attorney Appearance by Michael K. Spotts on behalf of Steven Hazel. Attorney Michael K. Spotts added to party Steven Hazel(pty:dft). (Spotts, Michael) |
| Filing 5 Certificate of Other Affiliates/Corporate Disclosure Statement by United of Omaha Life Insurance Company, identifying Corporate Parent Mutual of Omaha Insurance Company for United of Omaha Life Insurance Company, (Furman, Wendy) |
| Set Deadlines United of Omaha Life Insurance Company, answer due 4/14/2020. (cqs) |
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Filing 4
PAPERLESS ORDER granting #3 Defendants' Unopposed Motion for Extension of Time to Respond to Plaintiff's Complaint. Defendants request an extension of the deadline to respond to Plaintiff's Complaint and state in support that additional time is needed due to the complexity of the claims at issue. I find good cause to grant the requested relief. Accordingly, Defendants must respond to Plaintiff's Complaint on or before April 14, 2020. Signed by Judge Donald M. Middlebrooks on 3/26/2020. (gts)
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| Filing 3 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Notice of Removal (State Court Complaint), by United of Omaha Life Insurance Company,. (Attachments: #1 Text of Proposed Order Proposed Order)(Furman, Wendy) |
| 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. (cds) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Complaint) Filing fee $ 400.00 receipt number AFLSDC-12647997, filed by United of Omaha Life Insurance Company,. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Exhibit 1 Symmetry's Consent to Removal, #3 Exhibit 2 - State Court Pleadings)(Furman, Wendy) Text Modified on 3/24/2020 (cds). No Answer/Motion To Dismiss Filed. |
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