Danow et al v. Great American Assurance Company
| Carol Danow and Allen Danow |
| Great American Assurance Company |
| 9:2021cv80250 |
| February 3, 2021 |
| US District Court for the Southern District of Florida |
| Dave Lee Brannon |
| Insurance |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 2, 2021. A more recent docket listing may be available from PACER.
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| Filing 28 REPLY to Response to Motion re #15 Defendant's MOTION to Dismiss with Prejudice #11 Amended Complaint/Amended Notice of Removal filed by Great American Assurance Company. (Pappas, Gary) |
| Filing 27 Plaintiff's RESPONSE to #15 Defendant's MOTION to Dismiss with Prejudice #11 Amended Complaint/Amended Notice of Removal by Allen Danow, Carol Danow. (Dix, Erin) |
Filing 26
ORDER SETTING TRIAL BEFORE U.S. MAGISTRATE JUDGE AND AMENDED SCHEDULING ORDER Jury Trial set for 2/28/2022 09:30 AM in West Palm Beach Division before Magistrate Judge Dave Lee Brannon. Status Conference set for 2/23/2022 01:30 PM in West Palm Beach Division before Magistrate Judge Dave Lee Brannon. Amended Pleadings due by 6/21/2021. Discovery due by 11/1/2021. Expert Discovery due by 11/1/2021. Fact Discovery due by 11/1/2021. Joinder of Parties due by 6/21/2021. In Limine Motions due by 11/15/2021. Dispositive Motions due by 11/15/2021. Motions due by 11/15/2021. Pretrial Stipulation due by 1/10/2022. Signed by Magistrate Judge Dave Lee Brannon on 3/24/2021. See attached document for full details. (jbs)
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| Filing 25 PAPERLESS OMNIBUS ORDER granting Defendant's ore tenus motion to stay discovery; granting Plaintiffs' ore tenus motion for extension of time. In an effort to conserve judicial and party resources, discovery in this matter shall be stayed pending the Court's resolution of Defendant's Motion to Dismiss #15 . Plaintiffs shall have until this Friday, March 26, 2021, to file their response to the Motion to Dismiss. Any reply by Defendant shall be filed within the time allotted by local rule. Signed by U.S. Magistrate Judge Dave Lee Brannon on 3/24/2021. (jrz) |
| Filing 24 PAPERLESS MINUTE ENTRY for proceedings held before U.S. Magistrate Judge Dave Lee Brannon: Telephonic Status Conference held on 3/24/2021. Attorney Appearances: Erin Dix, Esq. present for Plaintiffs | Gary Pappas, Esq. present for Defendant. Scheduling and other pretrial matters discussed. Five-day jury trial specially set to commence on Monday, February 28, 2022. Court grants ore tenus motions to stay discovery pending resolution of motion to dismiss and for extension of time to file response. Orders to follow. (AT&T Conference Recording: DLB_01_3-24-2021_21cv80250 || Start Time: 1:59 P.M. || Time in Court: 9 mins.) (jrz) |
| Filing 23 STATUS REPORT Per [DE 21] by Great American Assurance Company (Pappas, Gary) |
| Deadline(s)/Hearing(s) terminated. (ch1) |
| Set/Reset Deadlines/Hearings as per DE 21 : Joint Status Report due by 3/22/2021. (lk) |
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Filing 22
ORDER SETTING DISCOVERY PROCEDURE Signed by Magistrate Judge Dave Lee Brannon on 3/15/2021. See attached document for full details. (jbs)
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| Filing 21 PAPERLESS ORDER SETTING TELEPHONIC STATUS CONFERENCE AND REQUIRING JOINT STATUS REPORT: Upon the parties' consent to U.S. Magistrate Judge jurisdiction, a telephonic status conference is set for 2:00 P.M. EST on Wednesday, March 24, 2021. At that time, counsel shall call (888) 808-6929 from a landline and enter access code 2036573. By or before 11:00 A.M. EST on Monday, March 22, 2021, 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 new 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 3/15/2021. (jrz) |
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Filing 20
ORDER OF REFERENCE Case is hereby referred to United States Magistrate Judge Dave Lee Brannon for all further proceedings. Judge Donald M. Middlebrooks no longer assigned as presider/referral judge(s) in case. Signed by Judge Donald M. Middlebrooks on 3/12/2021. See attached document for full details. (jbs)
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| Filing 19 Notice and Consent to Jurisdiction US Magistrate Judge signed by all parties . Filed by Great American Assurance Company (Pappas, Gary) |
| Filing 18 NOTICE of Mediator Selection. Selected/Added Charles Mancuso as Mediator. (Dix, Erin) |
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Filing 17
PAPERLESS ORDER regarding the Parties' "Joint Scheduling Report and Discovery Plan" (DE #16 ). In the filing, the Parties seek a stay of discovery until I rule on Defendant's pending Motion to Dismiss. (DE #16 at 5). I decline to stay discovery based upon the present record. Pursuant to Rule 7(b)(1), "[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)(1). 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). If the Parties intend to file a motion to stay discovery and therefore modify the Pretrial Scheduling Order, they are advised that such motion should include specific facts to support the stay, including an explanation of why they cannot comply with the current discovery deadline despite the pending Motion to Dismiss, or what specific obstacles the Parties believe they will encounter with respect to delays or problems meeting the current schedule. Absent extraordinary circumstances, I do not view the existence of a pending motion as an appropriate basis to stay discovery. The Parties are further advised that at any time, they may consent to the jurisdiction of United States Magistrate Judge Dave Lee Brannon, who generally allows litigants great flexibility in setting the course and schedule, including the trial date, of their case. The consent form can be found at Appendix A of the Pretrial Scheduling Order (DE #13 ). Signed by Judge Donald M. Middlebrooks on 3/8/2021. (kal)
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| Filing 16 Joint SCHEDULING REPORT - Rule 16.1 by Great American Assurance Company (Pappas, Gary) |
| Filing 15 Defendant's MOTION to Dismiss with Prejudice #11 Amended Complaint/Amended Notice of Removal by Great American Assurance Company. Responses due by 3/19/2021 (Attachments: #1 Exhibit Policy)(Pappas, Gary) |
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Filing 14
PAPERLESS ORDER denying as moot #5 Defendant's Motion to Dismiss. In light of Plaintiffs' Amended Complaint (DE #11 ), Defendant's Motion to Dismiss (DE #5 ) is denied as moot. Signed by Judge Donald M. Middlebrooks on 2/25/2021. (kal)
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| Filing 12 Clerks Notice to Filer re #11 Amended Complaint/Amended Notice of Removal. Login/Signature Block Violation; CORRECTIVE ACTION REQUIRED - The name of attorney e-filing this document via their CM/ECF login does not match the name of attorney on the signature block of the document. The name used for login must match the typed name on signature block of the document. This filing is a violation of Section 3J(1) of CM/ECF Admin Procedures and Local Rule 5.1(b). Filer must File a Notice of Striking, then refile document pursuant to CM/ECF Admin Procedures and Local Rules. (jbs) |
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Filing 13
PRETRIAL SCHEDULING ORDER AND ORDER REFERRING CASE TO MEDIATION (Amended Pleadings due by 4/5/2021., Discovery due by 7/26/2021., Joinder of Parties due by 4/5/2021., In Limine Motions due by 8/9/2021., Dispositive Motions due by 8/9/2021., Motions due by 8/9/2021., Pretrial Stipulation due by 9/13/2021., Jury Trial set for 10/12/2021 09:00 AM before Judge Donald M. Middlebrooks., Calendar Call set for 10/6/2021 01:15 PM before Judge Donald M. Middlebrooks.) Signed by Magistrate Judge Dave Lee Brannon on 2/22/2021. See attached document for full details. (jbs) #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 Plaintiff's AMENDED COMPLAINT against Great American Assurance Company, filed by Carol Danow, Allen Danow. (Attachments: #1 Exhibit Exhibit A)(Kreiser, Erin) |
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Filing 10
ORDER REFERRING CASE AND SETTING TRIAL DATE Referring Case to Magistrate Judge Dave Lee Brannon to enter a Scheduling Order. (Jury Trial set for 10/12/2021 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks., Calendar Call set for 10/6/2021 01:15 PM in West Palm Beach Division before Judge Donald M. Middlebrooks.) Signed by Judge Donald M. Middlebrooks on 2/18/2021. See attached document for full details. (jbs) #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 9 Clerks Notice to Filer re #6 Notice of Attorney Appearance, #7 Notice of Change of Address, Email or Law Firm Name. Login/Signature Block Violation; CORRECTIVE ACTION REQUIRED - The name of attorney e-filing this document via their CM/ECF login does not match the name of attorney on the signature block of the document. The name used for login must match the typed name on signature block of the document. This filing is a violation of Section 3J(1) of CM/ECF Admin Procedures and Local Rule 5.1(b). Filer must File a Notice of Striking, then refile document pursuant to CM/ECF Admin Procedures and Local Rules. (jbs) |
| Filing 8 CLERK'S NOTICE - Attorney Admissions has not updated address and/or email information for attorney Erin Renee Kreiser re #7 Notice of Change of Address, Email or Law Firm Name. Attorney Erin Renee Kreiser is not a member of this Court's Bar. If attorney has changed their name, attorney is instructed to email a copy of the Supreme Court of Florida Order to Attorney Admissions. See the Courts website for detailed instructions. #www.flsd.uscourts.gov/name-changes. Clerks Notice to Filer re #6 Notice of Attorney Appearance, #7 Notice of Change of Address, Email or Law Firm Name. Login/Signature Block Violation; CORRECTIVE ACTION REQUIRED - The name of attorney e-filing this document via their CM/ECF login does not match the name of attorney on the signature block of the document. The name used for login must match the typed name on signature block of the document. This filing is a violation of Section 3J(1) of CM/ECF Admin Procedures and Local Rule 5.1(b). Filer must File a Notice of Striking, then refile document pursuant to CM/ECF Admin Procedures and Local Rules. (cw) |
| Filing 7 NOTICE of Change of Address, Email or Law Firm Name by Erin Renee Kreiser (Kreiser, Erin) |
| Filing 6 NOTICE of Attorney Appearance by Erin Renee Kreiser on behalf of Allen Danow, Carol Danow (Kreiser, Erin) Modified QC status on 2/16/2021 (jbs). |
| Filing 5 Defendant's MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM by Great American Assurance Company. Responses due by 2/22/2021 (Attachments: #1 Exhibit Policy)(Pappas, Gary) |
| Filing 4 CLERK'S NOTICE - Attorney Admissions has not updated address and/or email information for attorney Gary Michael Pappas re #3 Notice of Change of Address, Email or Law Firm Name. Attorney Gary Michael Pappas must file a notice in all pending cases then go to your PACER account, Manage My Account, to complete the process of updating their information. The Court is NOT responsible for updating secondary email addresses. See the Courts website for detailed instructions. #www.flsd.uscourts.gov/updating-your-information (pt) |
| Filing 3 NOTICE of Change of Address, Email or Law Firm Name by Gary Michael Pappas (Pappas, Gary) |
| 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. (bb) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Complaint and Demand for Jury Trial) Filing fee $ 402.00 receipt number AFLSDC-14332448, filed by Great American Assurance Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Civil Cover Sheet)(Pappas, Gary) |
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