Quantum - Village Royale Condominium Association, Inc. v. Rockhill Insurance Company
| Quantum - Village Royale Condominium Association, Inc. |
| Rockhill Insurance Company, Everest Indemnity Insurance Company and Liberty Surplus Insurance Corporation |
| 9:2021cv80650 |
| April 5, 2021 |
| US District Court for the Southern District of Florida |
| Dave Lee Brannon |
| William Matthewman |
| Donald M Middlebrooks |
| Insurance |
| 28 U.S.C. § 1332 |
| Defendant |
Docket Report
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Filing 26
PAPERLESS ORDER granting in part #23 Joint Motion for Extension of Time. The deadline to file a joint discovery plan and a notice of mediator selection is May 24, 2021. (DE #20 at 4, 6). The Parties seek an extension until June 24, 2021, citing "the recent joinder of the additional Defendants." (DE #23 at 2-3). I will grant the Motion in part and extend the deadline to file a joint discovery plan and a notice of mediator selection to June 7, 2021. No other litigation deadlines are modified or amended as a result of this Order. Signed by Judge Donald M. Middlebrooks on 5/24/2021. (kal)
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| Filing 25 Case Reassignment of Paired Magistrate Judge to Magistrate Judge William Matthewman. Magistrate Judge Dave Lee Brannon no longer assigned to case. (yar) |
| Filing 24 ANSWER and Affirmative Defenses to Amended Complaint with Jury Demand by Liberty Surplus Insurance Corporation. Attorney Christine M. Renella added to party Liberty Surplus Insurance Corporation(pty:dft). (Renella, Christine) |
| Filing 23 Joint MOTION for Extension of Time to file Discovery Plan and Select Mediator by Quantum - Village Royale Condominium Association, Inc.. Responses due by 6/4/2021 (Houman, Nicole) |
| Filing 22 ANSWER and Affirmative Defenses to Amended Complaint (Supplemental) by Everest Indemnity Insurance Company. (Goodman, Perry) |
| Filing 21 NOTICE of Attorney Appearance by Perry Ross Goodman on behalf of Everest Indemnity Insurance Company. Attorney Perry Ross Goodman added to party Everest Indemnity Insurance Company(pty:dft). (Goodman, Perry) |
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Filing 20
PRETRIAL SCHEDULING ORDER AND ORDER REFERRING CASE TO MEDIATION (Amended Pleadings due by 6/28/2021., Discovery due by 10/27/2021., Joinder of Parties due by 6/28/2021., In Limine Motions due by 11/1/2021., Dispositive Motions due by 11/1/2021., Motions due by 11/1/2021., Pretrial Stipulation due by 12/6/2021., Jury Trial set for 1/3/2022 09:00 AM before Judge Donald M. Middlebrooks., Calendar Call set for 12/29/2021 01:15 PM before Judge Donald M. Middlebrooks.) Signed by Magistrate Judge Dave Lee Brannon on 5/10/2021. 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 19 ACKNOWLEDGMENT OF SERVICE as to #15 Summons Returned Unexecuted filed by Quantum - Village Royale Condominium Association, Inc.. (Houman, Nicole) |
| Filing 18 Notice of Action/Publication filed by Quantum - Village Royale Condominium Association, Inc.. Everest Indemnity Insurance Company answer/written defenses due by 5/26/2021., ACKNOWLEDGMENT OF SERVICE as to #14 Summons Returned Unexecuted filed by Quantum - Village Royale Condominium Association, Inc.. (Houman, Nicole) |
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Filing 17
ORDER REFERRING CASE AND SETTING TRIAL DATE: ( Jury Trial set for 1/3/2022 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks., Calendar Call set for 12/29/2021 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 5/5/2021. 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 16 ANSWER and Affirmative Defenses to Amended Complaint with Jury Demand by Rockhill Insurance Company. (Renella, Christine) |
| Filing 15 Summons (Affidavit) Returned Unexecuted by Quantum - Village Royale Condominium Association, Inc. as to Liberty Surplus Insurance Corporation. (Houman, Nicole) |
| Filing 14 Summons (Affidavit) Returned Unexecuted by Quantum - Village Royale Condominium Association, Inc. as to Everest Indemnity Insurance Company. (Houman, Nicole) |
| Filing 13 Clerks Notice to Filer re #12 Summons Returned Executed, #11 Summons Returned Executed,. Wrong Event Selected; ERROR - The Filer selected the wrong event. The Summonses have not been issued. (jbs) |
| Filing 12 SUMMONS (Affidavit) Returned Executed on #10 Amended Complaint/Amended Notice of Removal, #8 Amended Complaint/Amended Notice of Removal with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Quantum - Village Royale Condominium Association, Inc.. Liberty Surplus Insurance Corporation served on 4/19/2021, answer due 5/10/2021. (Houman, Nicole) |
| Filing 11 SUMMONS (Affidavit) Returned Executed on #10 Amended Complaint/Amended Notice of Removal, #8 Amended Complaint/Amended Notice of Removal with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Quantum - Village Royale Condominium Association, Inc.. Everest Indemnity Insurance Company served on 4/19/2021, answer due 5/10/2021. (Houman, Nicole) |
| Filing 10 Supplemental AMENDED COMPLAINT against All Defendants filed in response to Order Granting Motion for Leave, filed by Quantum - Village Royale Condominium Association, Inc..(Houman, Nicole) |
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Filing 9
PAPERLESS ORDER REQUIRING SUPPLEMENT. On April 5, 2021, Defendant Rockhill Insurance Company removed this action on the basis of diversity jurisdiction. (DE #1 ). Thereafter, Plaintiff filed an Amended Complaint that names two additional Defendants. (DE #8 ). "If after removal the plaintiff seeks to join additional defendants whose joinder would destroy subject matter jurisdiction, the court may deny joinder, or permit joinder and remand the action to the State court." 28 U.S.C. 1447(e). Because the Amended Complaint does not allege the citizenship of each additional Defendant, I cannot determine whether their joinder would destroy subject matter jurisdiction. Therefore, on or before April 23, 2021, Plaintiff shall file a supplement that provides the proper citizenship of each additional Defendant. Signed by Judge Donald M. Middlebrooks on 4/19/2021. (apo)
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| Filing 8 First AMENDED COMPLAINT against Quantum - Village Royale Condominium Association, Inc., filed by Quantum - Village Royale Condominium Association, Inc..(Houman, Nicole) |
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Filing 7
PAPERLESS ORDER granting in part #6 Defendant's Motion for Extension of Time. Defendant seeks to extend the deadline for it to respond to the Complaint to April 26, 2021, "[d]ue to the impending deadline" and because it "will not prejudice the Plaintiff" (DE #6 ). Motions to extend litigation deadlines must set forth good cause supported by specific facts. Defendant's Motion does 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 April 16, 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. Signed by Judge Donald M. Middlebrooks on 4/9/2021. (apo)
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| Filing 6 MOTION for Extension of Time to File its Response to Plaintiffs Complaint re #4 Amended Complaint/Amended Notice of Removal, by Rockhill Insurance Company. Responses due by 4/23/2021 (Attachments: #1 Text of Proposed Order)(Renella, Christine) |
| Filing 5 Corporate Disclosure Statement by Rockhill Insurance Company identifying Corporate Parent Rockhill Holding Company, Corporate Parent State Automobile Mutual Insurance Company, Other Affiliate State Auto Insurance Group, Other Affiliate State Auto Financial Corporation for Rockhill Insurance Company (Renella, Christine) |
| Filing 4 Defendant's AMENDED NOTICE OF REMOVAL against Quantum - Village Royale Condominium Association, Inc., filed by Rockhill Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B (State Court Civil Cover Sheet))(Renella, Christine) |
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Filing 3
PAPERLESS ORDER REQUIRING AMENDED NOTICE OF REMOVAL. In its Notice of Removal (DE #1 ), Defendant asserts that this Court has subject matter jurisdiction over this case based on diversity but does not allege the facts necessary to plead diversity. Specifically, the citizenship of a corporation is determined by its state(s) of incorporation and principal place of business. See 28 U.S.C. 1332(c)(1). Although Plaintiff appears to be a corporation, Defendant fails to inform the Court of Plaintiff's state(s) of incorporation and principal place of business, which is necessary to determine Plaintiff's citizenship for purposes of diversity. Therefore, on or before April 9, 2021, Defendant shall file an Amended Notice of Removal that provides Plaintiff's state(s) of incorporation and principal place of business and therefore clearly establishes diversity jurisdiction. Additionally, the state court civil cover sheet relied upon in and attached to the Notice of Removal is incomplete. Thus, Defendant shall ensure that the Amended Notice of Removal attaches a complete copy of the state court civil cover sheet. Signed by Judge Donald M. Middlebrooks on 4/6/2021. (kal)
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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. (jbs) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - In the Circuit Court of the 15th Judicial Circuit in and for Palm Beach County, Florida) Filing fee $ 402.00 receipt number AFLSDC-14577435, filed by Rockhill Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B)(Renella, Christine)(No Answer/Motion to Dismiss Filed) Modified text on 4/5/2021 (jbs). |
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