Humana Insurance Company v. Associated Industries Insurance Company, Inc.
| Humana Insurance Company |
| Associated Industries Insurance Company, Inc. |
| 9:2020cv82272 |
| December 14, 2020 |
| US District Court for the Southern District of Florida |
| Dave Lee Brannon |
| Donald M Middlebrooks |
| Contract: Recovery Medicare |
| 28 U.S.C. ยง 1331 |
| None |
Docket Report
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| Document Text |
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| Filing 11 NOTICE of Voluntary Dismissal WITH PREJUDICE by Humana Insurance Company (Quesada, Emilia) |
Filing 10
ORDER Closing Case. This case is DISMISSED WITHOUT PREJUDICE. All pending motions are DENIED AS MOOT. Signed by Judge Donald M. Middlebrooks on 2/2/2021. See attached document for full details. (kpe)
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| Filing 9 NOTICE of Voluntary Dismissal WITHOUT PREJUDICE by Humana Insurance Company (Quesada, Emilia) |
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Filing 8
PAPERLESS ORDER SETTING DEADLINE FOR FILING CLOSING DOCUMENTS. The Parties have filed a Notice of Settlement (DE #7 ), and the Court congratulates them on their amicable resolution of this matter. Plaintiff is therefore directed to file a notice of voluntary dismissal within 10 days, which is on or before February 1, 2021. Until closing documents are filed, the Court expects compliance with all litigation deadlines. However, in light of the pending settlement, I will extend the deadline for Defendant to respond to the Complaint to February 1, 2021. Therefore, if Plaintiff fails to file a notice of voluntary dismissal by February 1, 2021, Defendant shall respond to Plaintiff's Complaint by that date. Additionally, the Parties are advised that they may move for the Court to retain jurisdiction upon closing the case if necessary to enforce the terms of their settlement agreement. (Answer due 2/1/2021.)(Miscellaneous Deadline 2/1/2021.) Signed by Judge Donald M. Middlebrooks on 1/25/2021. (kal)
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| Filing 7 NOTICE of Settlement by Humana Insurance Company (Quesada, Emilia) |
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Filing 6
PAPERLESS ORDER granting in part #4 Defendant's Motion for Extension of Time. The deadline for Defendant to respond to the Complaint is January 11, 2021. Defendant seeks an extension until February 1, 2021, citing that due to "the recently concluded holiday season and the press of other responsibilities, the deadlines for which could not be extended further, [Defendant] and its counsel need additional time to investigate the allegations of the complaint and prepare a response." (DE #4 at 1). Motions to extend litigation deadlines must set forth good cause supported by specific facts. Defendant's Motion is supported by conclusory assertions which do not provide the Court with any basis upon which to evaluate whether good cause exists to grant the requested relief. Nevertheless, I will grant the Motion in part because it is unopposed. Accordingly, the deadline for Defendant to respond to the Complaint is extended to January 25, 2021. Future requests for extensions will be denied unless the moving party can establish that a particular deadline could not be met despite diligent efforts. (Answer due 1/25/2021.) Signed by Judge Donald M. Middlebrooks on 1/11/2021. (kal)
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| Filing 5 SUMMONS (Affidavit) Returned Executed on #1 Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Humana Insurance Company. Associated Industries Insurance Company, Inc. served on 12/22/2020, answer due 1/12/2021. (Attachments: #1 Affidavit)(Quesada, Emilia) |
| Filing 4 Agreed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint by Associated Industries Insurance Company, Inc.. Attorney Joshua D. Lerner added to party Associated Industries Insurance Company, Inc.(pty:dft). (Attachments: #1 Text of Proposed Order Agreed Order Enlarging Time to Respond to Complaint)(Lerner, Joshua) |
| Filing 3 Summons Issued as to Associated Industries Insurance Company, Inc.. (kpe) |
| 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. (kpe) |
| Filing 1 COMPLAINT against Associated Industries Insurance Company, Inc.. Filing fees $ 402.00 receipt number AFLSDC-14029637, filed by Humana Insurance Company. (Attachments: #1 Civil Cover Sheet, #2 Summon(s))(Quesada, Emilia) |
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| Plaintiff: Humana Insurance Company | |
| Represented By: | Emilia A. Quesada |
| Represented By: | Raul Perez |
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| Defendant: Associated Industries Insurance Company, Inc. | |
| Represented By: | Joshua D. Lerner |
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