Southern-Owners Insurance Company v. Marquez et al
| Southern-Owners Insurance Company |
| Sergio Marquez, Christopher Murphy, Jenna Marquez, James Murphy and Sarah Murphy |
| 9:2020cv81431 |
| August 28, 2020 |
| US District Court for the Southern District of Florida |
| Dave Lee Brannon |
| Donald M Middlebrooks |
| Insurance |
| 28 U.S.C. § 1332 |
| Defendant |
Docket Report
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This docket was last retrieved on July 8, 2022. A more recent docket listing may be available from PACER.
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Filing 20
PAPERLESS ORDER denying as moot #14 Motion to Strike Defendants Sergio and Jenna Marquez's Fifth Affirmative Defense. In light of Defendants' Amended Answer and Affirmative Defenses to Plaintiff's Complaint and Counterclaim (DE #18 ), which does not contain a fifth affirmative defense, Plaintiff's Motion to Strike is denied as moot. Signed by Judge Donald M. Middlebrooks on 10/23/2020. (kal)
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Filing 19
PAPERLESS ORDER regarding the Parties' Joint Discovery Plan. (DE #17 ). Pursuant to the directives contained in the Court's Pretrial Scheduling Order (DE #12 at 1-2), the Parties have filed their Joint Discovery Plan. In addition to addressing the matters required under Fed. R. Civ. P. 26(f) and the Court's Order, the Parties' Joint Discovery Plan also seeks an order under Federal Rule of Evidence 502. (DE #17 at 6, 8-9). I note that the Joint Discovery Plan is not a motion, and therefore requests for relief ought not be contained in it. The Parties are advised that, pursuant to Rule 7(b), "[a] request for a court order must be made by motion," which must "state with particularity the grounds for seeking the order." Fed. R. Civ. P. 7(b). Signed by Judge Donald M. Middlebrooks on 10/23/2020. (kal)
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Filing 18
Amended ANSWER and Affirmative Defenses to Complaint with Jury Demand , COUNTERCLAIM against Southern-Owners Insurance Company by Jenna Marquez, Sergio Marquez. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Pike, Michael)
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Filing 17
REPORT REGARDING Joint Discovery Plan by Southern-Owners Insurance Company (Leininger, Carri)
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Filing 16
ORDER DISMISSING COUNTERCLAIM. Defendants/Counter-Plaintiffs Christopher Murphy, James Murphy, and Sara Murphys Counterclaim against Plaintiff is DISMISSED WITHOUT PREJUDICE. Plaintiffs Motion to Dismiss the Murphys Counterclaim for Declaratory Relief is DENIED AS MOOT. Signed by Judge Donald M. Middlebrooks on 10/20/2020. See attached document for full details. (amb)
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Filing 15
NOTICE of Voluntary Dismissal Without Prejudice of Counterclaim by Christopher Murphy, James Murphy, Sarah Murphy (Roberts, H.)
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Filing 14
MOTION to Strike Defendant, Marquez's Fifth Affirmative Defense by Southern-Owners Insurance Company. Responses due by 11/2/2020 (Leininger, Carri)
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Filing 13
ANSWER and Affirmative Defenses to Complaint with Jury Demand , COUNTERCLAIM against Southern-Owners Insurance Company by Jenna Marquez, Sergio Marquez. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Pike, Michael)
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Filing 12
PRETRIAL SCHEDULING ORDER AND ORDER REFERRING CASE TO MEDIATION. SCHEDULING ORDER: ( Amended Pleadings due by 11/16/2020., Discovery due by 3/8/2021., Joinder of Parties due by 11/16/2020., In Limine Motions due by 3/22/2021., Dispositive Motions due by 3/22/2021., Motions due by 3/22/2021., Pretrial Stipulation due by 4/26/2021.), ORDER REFERRING CASE to Mediation. Signed by Magistrate Judge Dave Lee Brannon on 10/14/2020. See attached document for full details. (amb) #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 11
ORDER REFERRING CASE AND SETTING TRIAL DATE. SCHEDULING ORDER: ( Jury Trial set for 5/24/2021 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks., Calendar Call set for 5/19/2021 01:15 PM before Judge Donald M. Middlebrooks.), ORDER REFERRING CASE to Magistrate Judge Dave Lee Brannon to enter a Scheduling Order. Signed by Judge Donald M. Middlebrooks on 10/9/2020. See attached document for full details. (amb) #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 10
PAPERLESS ORDER granting in part #8 Unopposed Motion for Extension of Time to Respond to Complaint. Defendants seek a twenty-day extension of the deadline to respond to Plaintiff's Complaint from October 5, 2020 to October 25, 2020. In support, Defendants cite a generalized need for "additional time to properly investigate the claims made within Plaintiff's Complaint and respond accordingly." (DE #9 at 2). Plaintiff's counsel also represents that she "was recently retained." (Id.). Motions for extensions of time may not be premised upon conclusory assertions or vague generalities; rather, they must set forth good cause supported by specific facts. Although Defendants' Motion is unopposed, because it fails to set forth specific facts by which the Court may evaluate whether good cause exists to grant the requested relief, I will only grant the requested relief in part. Accordingly, the deadline for Defendants to respond to the Complaint is extended to October 15, 2020. Future requests for extensions will be denied unless the moving party sets forth specific facts to establish that a particular deadline could not be met despite diligent efforts. Signed by Judge Donald M. Middlebrooks on 10/6/2020. (kal)
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Filing 9
MOTION to Dismiss #5 Answer to Complaint,, Counterclaim, by Southern-Owners Insurance Company. Responses due by 10/19/2020 (Leininger, Carri)
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Filing 8
Defendant's MOTION for Extension of Time to File Response/Reply/Answer by Jenna Marquez, Sergio Marquez. (Pike, Michael)
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Filing 7
NOTICE of Attorney Appearance by Michael James Pike on behalf of Jenna Marquez, Sergio Marquez. Attorney Michael James Pike added to party Jenna Marquez(pty:dft), Attorney Michael James Pike added to party Sergio Marquez(pty:dft). (Pike, Michael)
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Filing 6
WAIVER OF SERVICE Returned Executed by Southern-Owners Insurance Company. Christopher Murphy waiver sent on 9/23/2020, answer due 11/23/2020; James Murphy waiver sent on 9/23/2020, answer due 11/23/2020; Sarah Murphy waiver sent on 9/23/2020, answer due 11/23/2020. (Leininger, Carri)
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Filing 5
Defendants ANSWER and Affirmative Defenses to Complaint with Jury Demand , First COUNTERCLAIM against Southern-Owners Insurance Company by Sarah Murphy, Christopher Murphy, James Murphy. Attorney H. Clay Roberts added to party Christopher Murphy(pty:dft), Attorney H. Clay Roberts added to party James Murphy(pty:dft), Attorney H. Clay Roberts added to party Sarah Murphy (pty:dft). (Roberts, H.)
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Filing 4
Certificate of Other Affiliates/Corporate Disclosure Statement by Southern-Owners Insurance Company identifying Corporate Parent Auto-Owners Insurance Company for Southern-Owners Insurance Company (Leininger, Carri)
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Filing 3
Summons Issued as to Jenna Marquez, Sergio Marquez, Christopher Murphy, James Murphy, Sarah Murphy. (amb)
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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. (amb)
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Filing 1
COMPLAINT against All Defendants. Filing fees $ 400.00 receipt number AFLSDC-13428914, filed by Southern-Owners Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Summon(s), #4 Summon(s), #5 Summon(s), #6 Summon(s), #7 Summon(s), #8 Civil Cover Sheet)(Leininger, Carri)
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