Ginnis v. Berkshire Life Insurance Company of America
| Eric Ginnis |
| Berkshire Life Insurance Company of America |
| 9:2022cv81152 |
| July 29, 2022 |
| US District Court for the Southern District of Florida |
| William Matthewman |
| Donald M Middlebrooks |
| Insurance |
| 28 U.S.C. ยง 1332 Diversity-Insurance Contract |
| Plaintiff |
Docket Report
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| Filing 17 NOTICE of Mediator Selection. Selected/Added David H. Lichter as Mediator. (Paulino-Grisham, Alicia) |
| Filing 16 ANSWER and Affirmative Defenses to Amended Complaint by Berkshire Life Insurance Company of America. (Guzzi, Gary) |
Filing 15
PAPERLESS ORDER granting #14 Joint Motion for Extension of Time. The Parties seek to extend the deadline to file a Notice of Mediator Selection, explaining that they have been unable to reach agreement regarding the selection of a mediator despite efforts to do so. Good cause having been shown, I will extend the deadline by 10 days, as requested. Thus the Parties shall ensure that their Notice is filed on or by September 22, 2022. The Parties are reminded that if they cannot agree to the mediator then they must ask the Clerk of Court to designate one. See Local Rule 16.2(d)(1)(B). Signed by Judge Donald M. Middlebrooks on 9/13/2022. (kal)
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| Filing 14 Joint MOTION for Extension of Time to file Notice of Mediator Selection re #9 Scheduling Order,,,, Order Referring Case to Mediation,,, by Eric Ginnis. Responses due by 9/26/2022 (Paulino-Grisham, Alicia) |
| Filing 13 Joint SCHEDULING REPORT - Rule 26(f) by Eric Ginnis (Paulino-Grisham, Alicia) |
| Set/Reset Deadlines/Hearings Amended Complaint due by 9/8/2022. Per DE 11 Order. (ebz) |
| Filing 12 Second AMENDED COMPLAINT against Berkshire Life Insurance Company of America filed in response to Order Granting Motion for Leave, filed by Eric Ginnis. (Attachments: #1 Exhibit A, #2 Exhibit B)(Paulino-Grisham, Alicia) |
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Filing 11
PAPERLESS ORDER granting #10 Plaintiff's Unopposed Motion for Leave to File Second Amended Complaint. Plaintiff seeks leave of Court "to rectify the inadvertent exclusion of [Policy Number Z1122300]" in this breach of contract action. (DE #10 ). Unless a party is entitled to amend as of right under the circumstances set forth in Rule 15(a)(1), "[a] party may amend its pleading only with the opposing party's written consent or the court's leave." Fed. R. Civ. P. 15(a)(2). Leave should be "freely give[n]... when justice so requires." Id. Having reviewed the Motion, I find good cause therein. The Motion is unopposed and the liberal standard is met here. Accordingly, Plaintiff may file his Second Amended Complaint. I note that Plaintiff has attached the pleading to his motion (DE [10-1]), however Plaintiff must separately file it in the court record. See S.D. Fla. L.R. 15.1. The deadline for him to do so is September 8, 2022. Signed by Judge Donald M. Middlebrooks on 9/7/2022. (kal)
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| Filing 10 Unopposed MOTION for Leave to File Second Amended Complaint by Eric Ginnis. (Attachments: #1 Second Amended Complaint)(Paulino-Grisham, Alicia) |
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Filing 9
PRETRIAL SCHEDULING ORDER AND ORDER REFERRING CASE TO MEDIATION: ( Amended Pleadings due by 10/6/2022., Discovery due by 1/26/2023., Fact Discovery due by 1/26/2023., Expert Discovery due by 1/26/2023., Joinder of Parties due by 10/6/2022., In Limine Motions due by 2/9/2023., Dispositive Motions due by 2/9/2023., Motions due by 2/9/2023., Pretrial Stipulation due by 3/13/2023., Jury Trial set for 4/10/2023 09:00 AM before Judge Donald M. Middlebrooks., Calendar Call set for 4/5/2023 01:15 PM before Judge Donald M. Middlebrooks.), ORDER REFERRING CASE to Mediation. Signed by Magistrate Judge William Matthewman on 8/29/2022. See attached document for full details. (ebz) #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 8 PAPERLESS Minute Entry for proceedings held before Magistrate Judge William Matthewman: The hearing was held via Zoom Video Teleconference. Scheduling Conference held on 08/29/2022. The Court discussed: whether parties would be added, there are no motions pending, the trial period, pretrial deadlines, motions to continue, sealing of documents, consent to magistrate judge jurisdiction, mediation or settlement conferences, requirements if a settlement is reached, the local rules, discovery and good faith conferral. Written scheduling order and order of referral to mediation will be issued. Total time in court: 22 minutes. Attorney Appearance(s): Alicia Paulino-Grisham, Gary John Guzzi. (Digital 14:07:52) (kza) |
| Filing 7 NOTICE of Attorney Appearance by Gary John Guzzi on behalf of Berkshire Life Insurance Company of America. Attorney Gary John Guzzi added to party Berkshire Life Insurance Company of America(pty:dft). (Guzzi, Gary) |
| Filing 6 Plaintiff's AMENDED COMPLAINT against Berkshire Life Insurance Company of America, filed by Eric Ginnis. (Attachments: #1 Exhibit)(Paulino-Grisham, Alicia) |
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Filing 5
PAPERLESS ORDER SETTING SCHEDULING CONFERENCE: Scheduling Conference set for 8/29/2022 at 2:00 PM in the West Palm Beach Division before U.S. Magistrate Judge William Matthewman to take place via Zoom Video Teleconference (VTC). Any motions to modify the existing trial date should be filed two (2) business days prior to the Scheduling Conference. Motions to modify the trial date must specifically state the basis for the request, including detailed factual support, and must provide a compelling reason. The parties are further advised that the Court is strongly disinclined to modify the trial date based upon the scheduling "tracks" contained within the Local Rules and/or based upon vague references to the complexities of the case. To log in through ZoomGov Meeting, use Meeting ID: 160 540 3826 and Passcode: 246129. All counsel shall appear by both audio and video. Because of the expedited nature of the conference, the parties are relieved of Local Rule 16.1(b)'s conference report requirement. Signed by Magistrate Judge William Matthewman on 8/15/2022. (cpe)
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Filing 4
ORDER REFERRING CASE AND SETTING TRIAL DATE: (Jury Trial set for 4/10/2023 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks., Calendar Call set for 4/5/2023 01:15 PM before Judge Donald M. Middlebrooks.), ORDER REFERRING CASE to Magistrate Judge William Matthewman for Scheduling Conference with notices (NEFs for Events only) for all filings in case. Signed by Judge Donald M. Middlebrooks on 8/11/2022. See attached document for full details. (ebz) #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 3 Summons Issued as to Berkshire Life Insurance Company of America. (pc) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Donald M. Middlebrooks. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge William Matthewman 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. (pc) |
| Filing 1 COMPLAINT against Berkshire Life Insurance Company of America. Filing fees $ 402.00 receipt number AFLSDC-15833074, filed by Eric Ginnis. (Attachments: #1 Civil Cover Sheet, #2 Summon(s), #3 Exhibit)(Paulino-Grisham, Alicia) |
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| Plaintiff: Eric Ginnis | |
| Represented By: | Alicia Paulino-Grisham |
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| Defendant: Berkshire Life Insurance Company of America | |
| Represented By: | Gary John Guzzi |
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