Cook v. XL Specialty Insurance Company
Plaintiff: Christina Cook
Defendant: XL Specialty Insurance Company
Case Number: 9:2021cv82186
Filed: December 9, 2021
Court: US District Court for the Southern District of Florida
Presiding Judge: Aileen M Cannon
Referring Judge: Bruce E Reinhart
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. ยง 2201
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on August 30, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 26, 2022 Opinion or Order Filing 18 PAPERLESS ORDER: Pursuant to 28 U.S.C. 636 and Local Magistrate Judge Rule 1, it is ORDERED that #14 Defendant's Motion to Dismiss, Motion for Judgment on the Pleadings, or, Alternatively, Motion to Compel Arbitration is REFERRED to Magistrate Judge Bruce E. Reinhart for a Report and Recommendation. Signed by Judge Aileen M. Cannon on 1/26/2022. (ad)
January 18, 2022 Opinion or Order Filing 17 PAPERLESS ORDER STRIKING Defendant's #13 Motion to Dismiss, Motion for Judgment on the Pleadings, or, alternatively, Motion to Compel Arbitration in light of Defendant's duplicate filing #14 . The Court will consider the identical Motion at #14 . Signed by Judge Aileen M. Cannon on 1/18/2022. (ad)
January 15, 2022 Opinion or Order Filing 16 PAPERLESS ORDER granting in part and denying in part Plaintiff's #15 Unopposed Motion for Extension of Time to Respond to Defendant's Motion to Dismiss. Plaintiff shall respond to Defendant's Motion to Dismiss on or before February 14, 2022. Signed by Judge Aileen M. Cannon on 1/15/2022. (ad)
January 14, 2022 Filing 15 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #14 Defendant's MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM by Christina Cook. (Benrubi, Richard)
January 10, 2022 Filing 14 Defendant's MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM by XL Specialty Insurance Company. Responses due by 1/24/2022 (Attachments: #1 Exhibit 1 - Release and Settlement Agreement)(Green, Marlin)
January 10, 2022 Filing 13 Defendant's MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM by XL Specialty Insurance Company. Attorney Marlin Kareem Green added to party XL Specialty Insurance Company(pty:dft). Responses due by 1/24/2022 (Attachments: #1 Exhibit 1 - Release and Settlement Agreement)(Green, Marlin)
December 20, 2021 Filing 12 Summons Issued as to XL Specialty Insurance Company. (amb)
December 17, 2021 Filing 11 NOTICE of Filing Proposed Summons(es) by Christina Cook (Benrubi, Richard)
December 17, 2021 Filing 10 Clerks Notice to Filer re: Summons(es) cannot be issued. Summons NOT issued for the following reason - The filer needs to use our AO summons form. (amb)
December 17, 2021 Filing 9 Summons Issued as to XL Specialty Insurance Company. (amb) Text Modified on 12/17/2021 (amb). Modified to correctly restrict image on 12/17/2021 (asl).
December 17, 2021 Filing 8 NOTICE of Filing Proposed Summons(es) by Christina Cook (Benrubi, Richard)
December 9, 2021 Filing 7 Clerks Notice of Judge Assignment to Judge Aileen M. Cannon. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Bruce E. Reinhart 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. (jua)
December 9, 2021 Filing 6 Case transferred in from Florida Middle; Case Number 8:21-cv-02845. Electronic file including transfer order and docket sheet received. .(jua).
December 8, 2021 Opinion or Order Filing 5 ENDORSED ORDER: Plaintiff has now filed a notice, advising the Court that she "mistakenly filed her Complaint in the United States District Court for the Middle District of Florida and agrees that the case should be transferred to the United States District Court for the Southern District of Florida." (Doc. #4 ). Accordingly, based on this error and the fact that the events underlying this action occurred in Palm Beach County, Florida, the Clerk is directed to transfer this case to the United States District Court for the Southern District of Florida, West Palm Beach Division. Signed by Judge Virginia M. Hernandez Covington on 12/8/2021. (DMD)
December 8, 2021 Filing 4 NOTICE of compliance re 3 Order no pdf by Christina Cook (Benrubi, Richard)
December 7, 2021 Opinion or Order Filing 3 ENDORSED ORDER: Upon review of the complaint, it appears to the Court that this action should have been filed in the United States District Court for the Southern District of Florida. Notably, the boating accident described in the complaint occurred in Palm Beach County, Florida (Doc. #1 at 3-4) and the underlying state court litigation occurred in Palm Beach County, Florida (Doc. # 1-5). Indeed, the heading of the complaint asserts that it is being filed in United States District Court for the Southern District of Florida. (Doc. #1 at 1). Accordingly, by December 14, 2021, Plaintiff is directed to explain why this action should not be transferred to the United States District Court for the Southern District of Florida. Signed by Judge Virginia M. Hernandez Covington on 12/7/2021. (DMD)
December 7, 2021 Filing 2 NEW CASE ASSIGNED to Judge Virginia M. Hernandez Covington and Magistrate Judge Anthony E. Porcelli. New case number: 8:21-cv-2845-VMC-AEP. (SJB)
December 7, 2021 Filing 1 COMPLAINT against XL Specialty Insurance Company with Jury Demand (Filing fee $ 402 receipt number AFLMDC-19001072) filed by Christina Cook. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Civil Cover Sheet, #7 Proposed Summons)(Benrubi, Richard) Modified on 12/7/2021 to correct docket text (BD).

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Plaintiff: Christina Cook
Represented By: Richard Mark Benrubi
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Defendant: XL Specialty Insurance Company
Represented By: Marlin Kareem Green
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