Twisted Tsunami LLC v. AmGuard Insurance Company
Plaintiff: Twisted Tsunami LLC and Twisted Tsunami LLC doing business as Twisted Italians Bistro
Defendant: AmGuard Insurance Company
Case Number: 9:2020cv81036
Filed: July 2, 2020
Court: US District Court for the Southern District of Florida
Presiding Judge: William Matthewman
Referring Judge: Raag Singhal
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. § 1441
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on August 25, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 25, 2020 Filing 27 Plaintiff's NOTICE of Mediator Selection and Hearing. Selected/Added Theodore Deckert as Mediator. Mediation Hearing set for 11/16/2020 at 10:00am. (Stockham, Donna)
August 20, 2020 Opinion or Order Filing 26 PAPERLESS ORDER granting #25 Motion for Leave to File Sur-Reply in Opposition to Plaintiff's Motion for Remand. The Court will consider all currently filed documents in arriving at a decision on #9 . Signed by Judge Raag Singhal on 8/20/2020. (AHS)
August 20, 2020 Filing 25 Defendant's MOTION for Leave to File Sur-Reply in Opposition to Plaintiff's Motion for Remand by AmGuard Insurance Company. (Attachments: #1 Exhibit Exhibit A, #2 Text of Proposed Order Proposed Order)(Coleman, Gregory)
August 17, 2020 Filing 24 AFFIDAVIT with Exhibit A signed by: Kelly A. Fantetti re #23 Reply to Response to Motion by Twisted Tsunami LLC (Attachments: #1 Exhibit A)(Stockham, Donna)
August 17, 2020 Filing 23 REPLY to Response to Motion re #9 Plaintiff's Motion to Remand to State Court MOTION for Attorney Fees and Costs filed by Twisted Tsunami LLC. (Attachments: #1 Affidavit)(Stockham, Donna)
August 11, 2020 Filing 22 Initial Disclosure(s) of Plaintiff's Initial Rule 26 (a)(1) Disclosures by Twisted Tsunami LLC (Stockham, Donna)
August 11, 2020 Filing 21 Initial Disclosure(s) Rule 26(a)(1) by AmGuard Insurance Company (Coleman, Gregory)
August 11, 2020 Filing 20 Clerks Notice to Filer re #9 Plaintiff's MOTION to Remand to State Court And Motion for Award of Attorney's Fees and Costs and Incorporated Memorandum of Law. Motion with Multiple Reliefs Filed as One Relief; ERROR - The Filer selected only one relief event and failed to select the additional corresponding events for each relief requested in the motion. The docket entry was corrected by the Clerk. It is not necessary to refile this document but future filings must comply with the instructions in the CM/ECF Attorney User's Manual. (ls)
August 10, 2020 Filing 19 AFFIDAVIT with Exhibit A signed by: Tracey Rinehimer re #18 Response in Opposition to Motion, by AmGuard Insurance Company (Coleman, Gregory)
August 10, 2020 Filing 18 RESPONSE in Opposition re #9 Plaintiff's MOTION to Remand to State Court, MOTION for Attorney Fees and Costs filed by AmGuard Insurance Company. Replies due by 8/17/2020. (Attachments: #1 Affidavit, #2 Affidavit)(Coleman, Gregory) Modified Text on 8/11/2020 (ls).
August 7, 2020 Opinion or Order Filing 17 ORDER SETTING DISCOVERY PROCEDURE. Signed by Magistrate Judge William Matthewman on 8/7/2020. See attached document for full details. (kza)
August 7, 2020 Opinion or Order Filing 16 ORDER SETTING TRIAL AND PRE-TRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MATTERS TO MAGISTRATE JUDGE - Jury Trial set for 4/26/2021 9:00 AM in Fort Lauderdale Division before Judge Raag Singhal., Calendar Call set for 4/23/2021 10:00 AM in Fort Lauderdale Division before Judge Raag Singhal., Amended Pleadings due by 9/4/2020., Expert Discovery due by 12/21/2020., Fact Discovery due by 12/4/2020., Joinder of Parties due by 9/4/2020., Mediation Deadline 1/7/2021., In Limine Motions due by 2/5/2021., Dispositive Motions due by 1/8/2021., Motions due by 1/8/2021., Pretrial Stipulation due by 4/13/2021.), ORDER REFERRING CASE to Magistrate Judge William Matthewman for Discovery Matters. ORDER REFERRING CASE to Mediation. (Mediation Deadline 1/7/2021.) Signed by Judge Raag Singhal on 8/7/2020. See attached document for full details. (scn) #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.
August 3, 2020 Filing 15 REPLY to Response to Motion re #7 Defendant's MOTION TO DISMISS #1 Notice of Removal (State Court Complaint),, FOR FAILURE TO STATE A CLAIM filed by AmGuard Insurance Company. (Attachments: #1 Affidavit)(DiGangi, Santo)
July 28, 2020 Filing 14 Certificate of Other Affiliates by AmGuard Insurance Company identifying Corporate Parent Berkshire Hathaway Inc., Corporate Parent National Indemnity Company, Corporate Parent WestGUARD Insurance Company for AmGuard Insurance Company (Coleman, Gregory)
July 28, 2020 Filing 13 Joint SCHEDULING REPORT - Rule 26(f) by AmGuard Insurance Company (Coleman, Gregory)
July 28, 2020 Filing 12 Certificate of Other Affiliates/Corporate Disclosure Statement by Twisted Tsunami LLC identifying Other Affiliate Thomas Caraccia for Twisted Tsunami LLC (Stockham, Donna)
July 27, 2020 Opinion or Order Filing 11 PAPERLESS ORDER denying as moot #8 Motion for Extension of Time to File Response. Plaintiff's #10 Response to Motion is accepted as timely. Signed by Judge Raag Singhal on 7/27/2020. (eca)
July 27, 2020 Filing 10 RESPONSE to Motion re #7 Defendant's MOTION TO DISMISS #1 Notice of Removal (State Court Complaint),, FOR FAILURE TO STATE A CLAIM With Incorporated Memorandum of Law filed by Twisted Tsunami LLC. Replies due by 8/3/2020. (Attachments: #1 Exhibit 1)(Stockham, Donna)
July 27, 2020 Filing 9 Plaintiff's MOTION to Remand to State Court by Twisted Tsunami LLC. (Stockham, Donna). Added MOTION for Attorney Fees and Costs on 8/11/2020 (ls). Modified Relief on 8/11/2020 (ls).
July 24, 2020 Filing 8 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #7 Defendant's MOTION TO DISMISS #1 Notice of Removal (State Court Complaint),, FOR FAILURE TO STATE A CLAIM by Twisted Tsunami LLC. (Stockham, Donna)
July 9, 2020 Filing 7 Defendant's MOTION TO DISMISS #1 Notice of Removal (State Court Complaint),, FOR FAILURE TO STATE A CLAIM by AmGuard Insurance Company. Responses due by 7/23/2020 (Attachments: #1 Memorandum of Law in Support of Motion to Dismiss, #2 Affidavit of Gregory W. Coleman)(DiGangi, Santo)
July 9, 2020 Opinion or Order Filing 6 Order Requiring Joint Scheduling Report and Certificates of Interested Parties. Signed by Judge Raag Singhal on 7/9/2020. See attached document for full details. (ls)
July 7, 2020 Filing 5 NOTICE OF COURT PRACTICEUnless otherwise specified by the Court, every motion, legal memorandum, brief, and otherwise shall: be double-spaced, in justified alignment, in 12-point font, using either Times New Roman or Arial typeface. This Notice does not supplant the requirements and provisions of Local Rule 7.1(c). The Court cautions parties against excessive use of footnotes.Multiple Plaintiffs or Defendants shall file joint motions with co-parties unless there are clear conflicts of position. If conflicts of position exist, parties shall explain the conflicts in their separate motions.Failure to comply with any of these procedures may result in the imposition of appropriate sanctions. Signed by Judge Raag Singhal on 7/7/2020. (eca)
July 2, 2020 Filing 4 Corporate Disclosure Statement by AmGuard Insurance Company identifying Corporate Parent Berkshire Hathaway Inc., Corporate Parent National Indemnity Company, Corporate Parent WestGUARD Insurance Company for AmGuard Insurance Company (Coleman, Gregory)
July 2, 2020 Filing 3 AFFIDAVIT Corrected Declaration signed by: Gregory W. Coleman re #1 Notice of Removal (State Court Complaint),, by AmGuard Insurance Company (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D)(Coleman, Gregory)
July 2, 2020 Filing 2 Clerks Notice of Judge Assignment to Judge Raag Singhal. 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. (scn)
July 2, 2020 Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Complaint) Filing fee $ 400.00 receipt number AFLSDC-13121822, filed by AmGuard Insurance Company. (NO ANSWER/MOTION TO DISMISS FILED) (Attachments: #1 Affidavit Declaration of Gregory W. Coleman, #2 Exhibit Exhibit A to Declaration, #3 Exhibit Exhibit B to Declaration, #4 Exhibit Exhibit C to Declaration, #5 Exhibit Exhibit D to Declaration, #6 Civil Cover Sheet Civil Cover Sheet)(Coleman, Gregory) Text Modified on 7/2/2020. (scn)

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Defendant: AmGuard Insurance Company
Represented By: Gregory William Coleman
Represented By: Santo DiGangi
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Plaintiff: Twisted Tsunami LLC
Represented By: Donna DeVaney Stockham
Represented By: Kelly Ann Fantetti
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Plaintiff: Twisted Tsunami LLC doing business as Twisted Italians Bistro
Represented By: Donna DeVaney Stockham
Represented By: Kelly Ann Fantetti
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